Chapter 1. State Board of Education

§ 37-1-1. Establishment; composition; qualifications, appointment, terms of office and compensation of members; meetings; officers.

From and after July 1, 1984, 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 may be prescribed by law. The board shall consist of nine (9) members of whom none shall be an elected official. The Governor shall appoint one (1) member who shall be a resident of the Third Supreme Court District and who shall serve an initial term of one (1) year, one (1) member who shall be a resident of the First Supreme Court District and who shall serve an initial term of five (5) years, one (1) member who shall be a resident of the Second 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 whom 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 nine (9) years and continue until their successors are appointed and qualify; however, to ensure an orderly process of transition, the initial appointments shall be made not later than March 1, 1984. 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. All members shall be appointed with the advice and consent of the Senate, and no member shall be actively engaged in the educational profession except as stated above.

The first official meeting of the original board members shall be called by the Governor as soon after July 1, 1984, as practical. The board shall elect a chairman from its membership at the first meeting of the original board members and every year thereafter. A majority of the membership of the board shall constitute a quorum for the transaction of any business. The board shall meet regularly once a month at such time as shall be designated by an order entered upon the minutes thereof. Special meetings of the board shall be held upon call of the chairman or upon the call of a majority of the members thereof. The State Superintendent of Public Education shall be the secretary of the board. The board shall hold its sessions at the seat of government, or at such location in the State of Mississippi as shall be designated by an order entered upon the minutes thereof.

Members of the board shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41 and shall be entitled to receive per diem compensation as authorized in Section 25-3-69.

HISTORY: Codes, 1930, § 6548; 1942, § 6233; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1982, Ex Sess, ch. 17, § 3; Laws, 1986, ch. 432, § 1, eff from and after July 1, 1986.

Editor’s Notes —

Laws of 1982, Ex Sess, ch. 17, § 1, eff from and after passage (approved December 21, 1982), provides as follows:

“SECTION 1. This act shall be referred to as the ’Mississippi Education Reform Act of 1982.’ ”

Laws of 1984, 1st Ex Sess, ch. 10, § 8, eff from and after July 1, 1984, provides as follows:

“SECTION 8. The legislature hereby reaffirms its commitment to fully and timely fund the provisions of the Mississippi Education Reform Act of 1982, cited as Chapter 17, Laws of the Extraordinary Session of 1982.”

Laws of 2011, ch. 511, § 2, effective April 26, 2011, provides:

“SECTION 2. (1) The State Board of Education, in conjunction with the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges, shall study and develop a comprehensive report and recommendations to the 2012 Legislature, by January 2, 2012, on the implementation, expansion and costs associated with the establishment of an Adult High School Diploma. The Chairmen of the House and Senate Education Committees, or their respective designees, and a representative appointed by the Governor, shall serve on the study panel for the development of an Adult High School Diploma.

“(2) The gubernatorial appointment to the study panel shall be made within thirty (30) days after the effective date of this act.

“(3) Legislative members of the study panel shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the study panel from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house; however, no expense for attending meetings of the study panel may be paid while the Legislature is in session.”

Cross References —

Supreme Court districts defined, see §9-3-1.

Creation and composition of the state department of education, see §37-3-1.

State superintendent of public education and his duties generally, see §§37-3-9,37-3-11.

Approval of selection for deputy superintendents, associate superintendents and directors and compensation thereof, see §37-3-13.

Establishment of county boards of education generally, see §37-5-1.

Powers and duties of state board of education regarding the Gifted Education Act, see §§37-23-177,37-23-179.

Designation of state board of education as governing body of Mississippi School for Math and Science, and the duties of the board with respect thereto, see §§37-139-1 et seq.

Preparation of energy management plans, see §§57-39-101 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 133-137.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-1-2. Legislative findings and determinations; state policy.

The legislature finds and determines that the quality of public education and its effect upon the social, cultural and economic enhancement of the people of Mississippi is a matter of public policy, the object of which is the education and performance of its children and youth. The legislature hereby declares the following to be the policy of the State of Mississippi:

That the students, parents, general citizenry, local schoolteachers and administrators, local governments, local school boards, and state government have a joint and shared responsibility for the quality of education delivered through the public education system in the State of Mississippi;

To produce a functionally literate school population;

To ensure that all students master the most essential parts of a basic education;

To establish, raise and maintain educational standards;

To improve the quality of education by strengthening it and elevating its goals;

To provide quality education for all school-age children in the state;

That excellence and high achievement of all students should be the ultimate goal;

To encourage the common efforts of students, parents, teachers, administrators and business and professional leaders for the establishment of specific goals for performance;

To improve instructional and administrative quality, to relate the education community to other policymakers, to achieve increased competency among students, teachers and administrators, to provide for continuing professional development for teachers, counselors and administrators, to assure that the budget process, the planning function and the allocation of personnel of the state department of education are commensurate with its educational goals;

That the return on public education which is the single largest investment for the state be the effectiveness of the delivery system and the product it is designed to produce;

That the investment in public education can be justified on the basis of the economic benefits that will accrue both to the individual and to society, recognizing that the return on such investment is long term and dramatic progress is not immediate;

That emphasis must be placed upon early mastery of the skills necessary to success in school and that quality, performance-based early childhood education programs are an essential element of a comprehensive education system;

That local school districts and their public schools be required to account for the product of their efforts;

That the children of this state receive a period of instruction sufficient to train each in the basic educational skills adequate for the student to take his or her place in society and make a contribution as a citizen of this state, and that all children be encouraged to continue their education until they have completed high school;

To establish an accreditation system based upon measurable elements in school known to be related to instructional effectiveness, to establish a credible process for measuring and rating schools, to establish a method for monitoring continued performance, and to provide for a state response when performance is inadequate;

That the teachers of this state, to the extent possible, receive salaries that are at least equal to the average of the salaries received by teachers in the southeastern United States.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 2, eff from and after passage (approved December 21, 1982).

Editor’s Notes —

Laws of 1984, 1st Ex Sess, ch 10, § 8 eff from and after July 1, 1984, provides as follows:

“SECTION 8. The legislature hereby reaffirms its commitment to fully and timely fund the provisions of the Mississippi Education Reform Act of 1982, cited as Chapter 17, Laws of the Extraordinary Session of 1982.”

Cross References —

Power of state board of education to implement policies under this section, see §37-1-3.

OPINIONS OF THE ATTORNEY GENERAL

A school board may employ legal counsel other than the Board Attorney only by a majority vote of a quorum present in a properly noticed and open meeting of the board, and must officially hire an attorney before sharing any confidential personnel records. Reasons for non-renewal of a superintendent’s contract and any settlement offers must be approved and recorded in the minutes at an official meeting of the board. All policies, actions, and decisions of the school board must be reasonable and necessary to meet the educational needs of the district’s children. Foreman, March 30, 2007, A.G. Op. #07-00119, 2007 Miss. AG LEXIS 71.

RESEARCH REFERENCES

Law Reviews.

Development of Educational Policy in Mississippi. 58 Miss. L. J. 223, Fall, 1988.

JUDICIAL DECISIONS

1. In general.

Intent of state legislature, expressed in §37-1-2(p), that teachers of state, to extent possible, receive salaries received by teachers in southeastern United States, does not and cannot be interpreted as creating property interest vesting in Mississippi teachers, falling under protection of Fourteenth Amendment’s due process clause; accordingly, federal civil rights action brought by teachers to require state officials to implement salary increase is barred by sovereign immunity. Mohler v. Mississippi, 782 F.2d 1291, 1986 U.S. App. LEXIS 22325 (5th Cir. Miss. 1986).

§ 37-1-3. Adoption of rules and regulations; budget; central management; educational improvement program; curriculum and course of study; objectives for instruction in personal money management skills; authority to expend available federal funds for training expenses and salary incentives for licensed teachers.

  1. The State Board of Education shall adopt rules and regulations and set standards and policies for the organization, operation, management, planning, budgeting and programs of the State Department of Education.
    1. The board is directed to identify all functions of the department that contribute to or comprise a part of the state system of educational accountability and to establish and maintain within the department the necessary organizational structure, policies and procedures for effectively coordinating such functions. Such policies and procedures shall clearly fix and delineate responsibilities for various aspects of the system and for overall coordination of the total system and its effective management.
    2. The board shall establish and maintain a system-wide plan of performance, policy and directions of public education not otherwise provided for.
    3. The board shall effectively use the personnel and resources of the department to enhance technical assistance to school districts in instruction and management therein.
    4. The board shall establish and maintain a central budget policy.
    5. The board shall establish and maintain within the State Department of Education a central management capacity under the direction of the State Superintendent of Public Education.
    6. The board, with recommendations from the superintendent, shall design and maintain a five-year plan and program for educational improvement that shall set forth objectives for system performance and development and be the basis for budget requests and legislative initiatives.
    1. The State Board of Education shall adopt and maintain a curriculum and a course of study to be used in the public school districts that is designed to prepare the state’s children and youth to be productive, informed, creative citizens, workers and leaders, and it shall regulate all matters arising in the practical administration of the school system not otherwise provided for.
    2. Before the 1999-2000 school year, the State Board of Education shall develop personal living and finances objectives that focus on money management skills for individuals and families for appropriate, existing courses at the secondary level. The objectives must require the teaching of those skills necessary to handle personal business and finances and must include instruction in the following:
      1. Opening a bank account and assessing the quality of a bank’s services;
      2. Balancing a checkbook;
      3. Managing debt, including retail and credit card debt;
      4. Completing a loan application;
      5. The implications of an inheritance;
      6. The basics of personal insurance policies;
      7. Consumer rights and responsibilities;
      8. Dealing with salesmen and merchants;
      9. Computing state and federal income taxes;
      10. Local tax assessments;
      11. Computing interest rates by various mechanisms;
      12. Understanding simple contracts; and
      13. Contesting an incorrect billing statement.
  3. The State Board of Education shall have authority to expend any available federal funds, or any other funds expressly designated, to pay training, educational expenses, salary incentives and salary supplements to licensed teachers employed in local school districts or schools administered by the State Board of Education. Such incentive payments shall not be considered part of a school district’s local supplement as defined in Section 37-151-5(o), nor shall the incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). MAEP funds or any other state funds shall not be used to provide such incentives unless specifically authorized by law.
  4. The State Board of Education shall through its actions seek to implement the policies set forth in Section 37-1-2.

HISTORY: Codes, 1930, § 6553; 1942, § 6238; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1982, Ex Sess, ch. 17, § 5; Laws, 1999, ch. 360, § 1; Laws, 2005, ch. 356, § 1; Laws, 2013, ch. 497, § 36, eff from and after July 1, 2013.

Amendment Notes —

The 1999 amendment substituted “State Superintendent of Public Education” for “State Superintendent of Education” in (1)(e); made punctuation changes in (1)(f); and added (2)(b).

The 2005 amendment inserted (3); and renumbered former (3) as present (4).

The 2013 amendment substituted “public school districts” for “public schools” in (2)(a).

Cross References —

Paperwork reduction and preservation of classroom instructional time, see §37-1-11.

Issuance of regulations relating to the use of relocatable classrooms, see §37-1-13.

Duty of the state department of education to execute laws relating to administrative, supervisory, and consultative services to state public schools, see §37-3-5.

State Superintendent of public education and his duties generally, see §§37-3-9,37-3-11.

Mississippi Uniform School Laws, see §§37-6-1 et seq.

Maintenance of uniform system of free public schools, see §37-13-1.

Appointment of curriculum committee by the state board of education, see §37-13-9.

Duty of the state department of education relative to program of education for exceptional children, see §37-23-5.

Duty of the state board of education to promulgate rules and regulations relative to transportation of school children, see §37-41-1.

Assumption of authority and duties of State Textbook Procurement Commission by State Board of Education, see §37-43-2.

Designation of state board of education as governing body of Mississippi School for Math and Science, and the duties of the board with respect thereto, see §§37-139-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 84.

CJS.

78 C.J.S., Schools and School Districts §§ 139, 142-149.

Law Reviews.

“Train Up a Child in the Way He Should Go”: State regulation of Private Religious Education. 9 Miss. C. L. Rev. 101 (1989).

§ 37-1-4. Transition.

In order to provide for an orderly transition following its appointment, the state board of education as it will exist on and after July 1, 1984, shall meet with and receive the cooperation of the state superintendent of public education and the state department of education on any matters relating to the public school education system in the state until assuming its duties and authority on July 1, 1984. During this transition period, said state board of education shall formulate and adopt rules and regulations in accordance with Sections 25-43-1 et seq., and formulate standards and priorities necessary for the orderly administration of the public education system of the state. Such rules, regulations, standards and priorities shall become effective on July 1, 1984. The board shall also require data and information on program performance from any source relating to the public school system. The state department of education shall assist the board in assuming its duties and shall provide any technical assistance as may be required. The state department of education, from any funds appropriated thereto, shall, upon the request of the board, timely pay, with the approval of the commission of budget and accounting, all sums reasonably required for the operation of the board, including per diem and actual expenses of the board, and the implementation of this act, through June 30, 1984.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 4, eff from and after passage (approved December 21, 1982).

§ 37-1-5. Decision of appeals from county superintendents and state superintendent.

  1. The State Board of Education shall decide all appeals from the decisions of the county superintendents or from the decisions of the state superintendent, as authorized by statute. All matters relating to appeals shall be presented in writing, and the decision of the board shall be final.
  2. The State Board of Education shall adopt procedures for conducting any such appeals as are authorized by statute. Such procedures shall include notification of the time and place of any hearing requested by the appealing party. Any such hearing shall be conducted by a hearing officer designated by the State Board of Education. At such hearing, the hearing officer and any person affected by the appeal may conduct reasonable questioning of persons who make relevant factual allegations concerning the appeal. The hearing officer shall require that all persons be sworn before they may offer any testimony at the hearing, and the hearing officer is authorized to administer oaths. Any person so choosing may be represented by counsel at the hearing. A record of the hearing shall be made, which shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, and such other material as the hearing officer considers relevant, including his own recommendation, which he shall make within a reasonable period of time after the hearing is closed and after he has had an opportunity to review, study and analyze the evidence presented during the hearing. The completed record shall be certified to the State Board of Education, which shall consider only the record in making its decision, and shall not consider any evidence or material which is not included therein. The State Board of Education shall make its written findings and issue its order after reviewing said record.

HISTORY: Codes, 1930, § 6549; 1942, § 6234; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1992, ch. 524, § 1, eff from and after July 1, 1992.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts §§ 151-158, 162-167.

§ 37-1-7. Grounds and procedure for removal of county superintendent.

For continued neglect of duty, drunkenness, incompetency or official misconduct, the state board of education may remove a county superintendent. However, before the removal, the officer shall have ten (10) days’ notice of the charge, and shall be allowed opportunity to make defense.

HISTORY: Codes, 1930, § 6550; 1942, § 6235; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

County Superintendents generally, see §§37-5-61 et seq.

Filling of vacancy in office of County Superintendent, see §37-5-75.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 76.

CJS.

78 C.J.S., Schools and School Districts §§ 159, 173-175, 541 et seq.

§ 37-1-9. Administration of oaths of Mississippi Board of Education; examination of witnesses by board; investigative reports exempt from provisions of Mississippi Public Records Act.

    1. The Mississippi Board of Education, acting by and through its chairman or executive secretary, is authorized to administer oaths, to take or cause depositions to be taken, to subpoena persons and to issue a subpoena to compel production of books, papers, records and other documents. The board shall have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board.
    2. For noncompliance with a subpoena, the board may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and to testify and produce books, papers, records and documents if so ordered. Failure to obey the order of the court may be punished as contempt.
    1. In addition to the exemptions from public access provided in Section 37-11-51, investigative reports shall be exempt from the provisions of the Mississippi Public Records Act of 1983, but the board may choose to make public all or any part of an investigative report.
    2. For the purposes of this subsection (2), “investigative report” includes documentation on which it is based and means records that are compiled by the board, the Department of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, or the Accreditation Commission in the process of investigating alleged misconduct that could result in disciplinary action, the disclosure of which would impede, harm or jeopardize the investigation, or that would: (i) reveal the identity of informants or witnesses; (ii) deprive a person of a right to a fair trial or an impartial adjudication; or (iii) endanger the life or safety of a public official or employee or confidential informants or witnesses.

HISTORY: Codes, 1930, § 6550; 1942, § 6235; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 2015, ch. 470, § 1, eff from and after passage (approved Apr. 22, 2015).

Amendment Notes —

The 2015 amendment rewrote the section, which read: “The members of the state board of education are authorized to administer oaths and to take or cause depositions to be taken. Said members shall have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board.”

§ 37-1-11. Duties of State Department of Education and local boards as to preservation of classroom instructional time and paperwork reduction.

  1. The school day shall be preserved for the purpose of teaching. It is the intent of the Legislature that every effort be made by the State Department of Education and the local school boards to protect the instructional time in the classroom and to reduce the amount of paperwork which must be completed by teachers.
  2. The State Board of Education shall adopt rules that provide for simplifying and reducing the number and length of written reports and other written documents that the State Department of Education requires from school districts and school district employees. The board shall conduct a comprehensive review of its rules to simplify and to reduce the number and length of reports required from school districts and school district employees. The State Department of Education shall provide nonmandatory models to school districts of lesson plans, curriculum guides and other required reports that comply with department reporting requirements.
  3. The State Board of Education and the school board of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.

HISTORY: Laws, 1987, ch. 375; Laws, 2011, ch. 442, § 7, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment deleted former (3) which read: “As part of its annual report to the Legislature, the State Board of Education shall include a statement of the total number and length of reports that it requires school districts and school district employees to prepare and of its efforts to reduce overall reporting requirements. The board shall identify for the Legislature those reports required by federal law or rule, those reports specifically required by state law and those reports required by department rule.”

Cross References —

Administration of programs of state department of education, see §37-1-3.

State Department of Education generally, see §§37-3-1 et seq.

§ 37-1-12. Development and promulgation of regulations for annual reports from school districts and State Department of Education to Legislature.

The State Board of Education shall develop and promulgate regulations for annual reports from school districts and from the State Department of Education to the Legislature. Such regulations shall eliminate duplication, make effective use of technology and enable the Legislature to monitor education in Mississippi. These regulations may include methods to reduce redundant reporting requirements and eliminate inadequate performance measures, and the State Board of Education may include any proposed legislative amendments to state law necessary to improve statewide reporting mandates.

HISTORY: Laws, 2011, ch. 442, § 1; Laws, 2013, ch. 497, § 37, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment substituted “school districts” for “schools” in the first sentence.

§ 37-1-13. Purchase and use of relocatable classrooms.

  1. The State Board of Education shall issue regulations:
    1. Setting minimum specifications for relocatable classrooms for the public school districts;
    2. Approving or disapproving plans for relocatable classrooms for public school districts;
    3. Providing a system of requiring local school districts to receive State Department of Education approval before purchase of such relocatable classrooms.
  2. The State Department of Education may, in its discretion, inspect the facilities of any manufacturer of relocatable classrooms for the purpose of determining if State Department of Education minimum specifications are being met.
  3. The State Department of Education shall insure that local school districts advertise for and receive bids as required by state law for purchase of relocatable classrooms. The State Department of Education shall approve plans for relocatable classrooms by persons, firms, corporations or associations permitted to submit bids for consideration, before such bids are submitted to local school districts. The State Department of Education shall have the right to reject any and all relocatable classroom plans submitted. Bids may not be submitted to local school districts, unless persons, firms, corporations or associations have State Department of Education approval.

HISTORY: Laws, 1990, ch. 535, § 3; Laws, 2013, ch. 497, § 38, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment substituted “the public school districts” for “public schools” in (1)(a); and substituted “school districts” for “schools” at the end of (1)(b).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Purchase of relocatable classrooms by local school boards, see §37-7-301.

Sale or lease of relocatable classrooms by one school district to another, see §37-7-471.

Chapter 3. State Department of Education

§ 37-3-1. Organization of state department of education.

  1. Until July 1, 1983, there shall be a state department of education, which shall consist of a state superintendent of public education, an assistant state superintendent of public education, a director of the division of finance and administration, a director of the division of instruction, a director of the division of school building and transportation services, a director of vocational education, a director of the division of vocational rehabilitation, a director of the division of junior colleges, and such supervisors, assistants or employees as may be necessary for the proper functioning of the above-named divisions.
  2. From and after July 1, 1983, and until July 1, 1984, there shall be a state department of education, which shall consist of a state superintendent of public education, a director of the division of finance and administration, a director of the division of instruction, a director of the division of school building and transportation services, a director of the division of vocational and technical education, who shall be an associate state superintendent of public education, the director of the division of vocational rehabilitation, a director of the division of junior colleges and such supervisors, assistants or employees as may be necessary for the proper functioning of the above-named divisions.
  3. From and after July 1, 1984, there shall be a state department of education which shall be under the direction and supervision of the state superintendent of public education. The state department of education shall be organized into functional divisions as established by the state board of education, including any divisions established by law and prescribing the duties of the directors of such divisions.

HISTORY: Codes, 1942, § 6245-01; Laws, 1946, ch. 297, § 1; Laws, 1970, ch. 363, § 1; Laws, 1982, ch. 493, § 8; Laws, 1982, Ex Sess, ch. 17, § 6, eff from and after passage (approved December 21, 1982).

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws, 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Cross References —

Composition of the state board of education, see §37-1-1.

State Department of Education authorized to establish office of career education, see §37-13-58.

Office of Compulsory Student Attendance Enforcement, see §37-13-81 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 133-137.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Eduction Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-3-2. Certification of teachers and administrators [Effective until July 1, 2019].

  1. There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
  2. The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each congressional district: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the Mississippi Community College Board; one (1) local school board member; and four (4) laypersons. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
  3. The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
    1. An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
    2. An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of subsections (11), (12), (13), (14) and (15) of this section and violations of the Mississippi Educator Code of Ethics.
  5. It shall be the duty of the commission to:
    1. Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
    2. Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
    3. Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
    4. Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
    5. Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
    6. Review all existing requirements for certification and licensure;
    7. Consult with groups whose work may be affected by the commission’s decisions;
    8. Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
    9. Hold hearings concerning standards for teachers’ and administrators’ education and certification and licensure with approval of the State Board of Education;
    10. Hire expert consultants with approval of the State Board of Education;
    11. Set up ad hoc committees to advise on specific areas; and
    12. Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
    1. Standard License – Approved Program Route.An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
      1. An application on a department form;
      2. An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a Bachelor of Science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person’s college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a Bachelor of Science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS). Effective July 1, 2016, for initial elementary education licensure, a teacher candidate must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education;
      3. A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service’s teacher testing examinations;
      4. Any other document required by the State Board of Education; and
      5. From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:

      1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and

      2. No less than 2.75 GPA on pre-major coursework of the institution’s approved teacher education program provided that the accepted cohort of candidates meets or exceeds a 3.0 GPA on pre-major coursework.

    2. Standard License – Nontraditional Teaching Route.From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:

      Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.

      1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
      2. No less than 2.75 GPA on content coursework in the requested area of certification or passing Praxis II scores at or above the national recommended score provided that the accepted cohort of candidates of the institution’s teacher education program meets or exceeds a 3.0 GPA on pre-major coursework.
      3. The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
      4. The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
      5. Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
      6. During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher’s intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern’s mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher’s performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern’s performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
      7. An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
      8. Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License – Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License – Nontraditional Route which shall be valid for a five-year period and be renewable.
      9. At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
      10. The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License – Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.

      Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.

      A Standard License – Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License – Approved Program Route or Standard License – Nontraditional Teaching Route over persons holding any other license.

    3. Special License – Expert Citizen.In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License – Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
    4. Special License – Nonrenewable.The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in paragraph (a), (b) or (c) of this subsection (6) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
    5. Nonlicensed Teaching Personnel.A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school district or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
    6. Special License – Transitional Bilingual Education.Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor’s degree or an associate’s degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
    7. In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
    8. Highly Qualified Teachers.Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
  7. Administrator License.The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
    1. Administrator License – Nonpracticing.Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
    2. Administrator License – Entry Level.Those educators holding administrative endorsement and having met the department’s qualifications to be eligible for employment in a Mississippi school district. Administrator License – Entry Level shall be issued for a five-year period and shall be nonrenewable.
    3. Standard Administrator License – Career Level.An administrator who has met all the requirements of the department for standard administrator licensure.
    4. Administrator License – Nontraditional Route.The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.

      Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.

  8. Reciprocity.
    1. The department shall grant a standard license to any individual who possesses a valid standard license from another state and meets minimum Mississippi license requirements or equivalent requirements as determined by the State Board of Education. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
    2. The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
  9. Renewal and Reinstatement of Licenses.The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator’s license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
  10. All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission or its subcommittee shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the committee or its subcommittee. An appeal to the State Board of Education shall be on the record previously made before the commission or its subcommittee unless otherwise provided by rules and regulations adopted by the board. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the committee or its subcommittee. The decision of the State Board of Education shall be final.
  11. The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
    1. Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
    2. The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
    3. The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
    4. Revocation, suspension or surrender of an applicant’s certificate or license by another state shall result in immediate denial of licensure until such time that the records predicating the revocation, suspension or surrender in the prior state have been cleared;
    5. Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
    6. Failing or refusing to furnish reasonable evidence of identification;
    7. The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law;
    8. The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law. For purposes of this paragraph (h) and paragraph (g) of this subsection, a “guilty plea” includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion; or
    9. Probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, shall result in the immediate denial of licensure application until expiration of the probationary or post-release supervision period.
  12. The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, censure, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter for one or more of the following:
    1. Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
    2. Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
    3. Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
    4. The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this paragraph, a “guilty plea” includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
    5. The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense, as defined by federal or state law, shall result in immediate suspension or revocation;
    6. The license holder has received probation or post-release supervision for a felony or sex offense conviction, as defined by federal or state law, which shall result in immediate suspension or revocation until expiration of the probationary or post-release supervision period;
    7. The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
    8. The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
    9. The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95;
    10. The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24;
    11. The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
    12. The license holder submitted a false certification to the State Department of Education that a statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System; or
    13. The license holder has failed to comply with the Procedures for Reporting Infractions as promulgated by the commission and approved by the State Board of Education pursuant to subsection (15) of this section.
    1. Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
    2. Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
    3. A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
    1. A person whose license has been revoked or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of revocation or surrender, or after one-half (1/2) of the revoked or surrendered time has lapsed, whichever is greater. A person whose license has been suspended on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner’s rehabilitation and fitness to perform the duties authorized by the license.
    2. A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
  15. Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
  16. An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
  17. All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
  18. The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public school districts of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
  19. In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 10; Laws, 1988, ch. 464, § 1; Laws, 1988, ch. 536, § 1; Laws, 1989, ch. 373, § 1; Laws, 1991, ch. 502, § 1; Laws, 1991, ch. 534, § 1; Laws, 1992, ch. 519, § 2; Laws, 1992, ch. 524, § 2; Laws, 1993, ch. 594, § 1; Laws, 1994, ch. 596, § 1; Laws, 1994, ch. 581, § 16; Laws, 1996, ch. 507, § 9; Laws, 1996, ch. 540, § 1; Laws, 1997, ch. 545, § 1; Laws, 2000, ch. 432, § 1; Laws, 2000, ch. 550, § 1; Laws, 2002, ch. 587, § 1; Laws, 2004, ch. 409, § 1; Laws, 2004, ch. 478, § 1; Laws, 2006, ch. 504, § 3; reenacted without change, Laws, 2009, ch. 345, § 2; reenacted and amended, Laws, 2009, ch. 445, § 2; Laws, 2011, ch. 514, § 1; Laws, 2012, ch. 376, § 1; Laws, 2013, ch. 350, § 3; Laws, 2013, ch. 496, § 1; Laws, 2013, ch. 497, § 39; Laws, 2014, ch. 318, § 1; Laws, 2014, ch. 397, § 8; Laws, 2014, ch. 458, § 3; Laws, 2014, ch. 536, § 3; Laws, 2015, ch. 470, § 2, eff from and after passage (approved Apr. 22, 2015).

Joint Legislative Committee Note —

Section 9 of ch. 507, Laws of 1996, effective July 1, 1996, amended this section. Section 1 of ch. 540, Laws of 1996, effective July 1, 1996, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective.

Section 1 of ch. 432, Laws of 2000, effective from and after its passage (approved April 18, 2000), amended this section. Section 1 of ch. 550, Laws of 2000, effective from and after July 1, 2000, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 550, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Section 1 of ch. 409 Laws of 2004, effective from and after July 1, 2004 (approved April 26, 2004), amended this section. Section 1 of ch. 478, Laws of 2004, effective from and after July 1, 2004 (approved May 1, 2004), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 8, 2004 meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (7)(a). The word “have” was changed to “having” preceding “no administrative experience.” The Joint Committee ratified the correction at its June 26, 2007 meeting.

Section 2 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), amended this section. Section 2 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 445, Laws of 2009, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (12)(h) by inserting the word “or” following “as described in Section 97-5-23.” The Joint Committee ratified the correction at its July 13, 2011, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in subsection (8)(a) of Section 1, Chapter 496 (SB 2188), which amended this section. A reference in the act to “Section 1 of this act” was changed to “Section 1 of Senate Bill No. 2419, 2013 Regular Session.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Section 1 of Senate Bill No. 2419, 2013 Regular Session, is codified as Section 73-50-1, and at the direction of the Co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, the reference to Section 1 of Senate Bill No. 2419, 2013 Regular Session, has been changed to reflect the codification of the section.

Section 1 of ch. 318, Laws of 2014, effective from and after passage (approved March 13, 2014), amended this section. Section 8 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), Section 3 of ch. 458, Laws of 2014, effective from and after passage (approved March 31, 2014), and Section 3 of ch. 536, Laws of 2014, effective from and after July 1, 2014 (approved April 24, 2014), also amended this section. As set out above, this section reflects the language of all four amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 24, 2014, meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in (12)( l ) by substituting “The license holder” for “The licensure holder.” The Joint Committee ratified the correction at its August 17, 2015, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in (12)(m) by substituting “subsection (15) of this section” for “ Section 37-3-2(15).” The Joint Committee ratified the correction at its August 5, 2016, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected errors in (4)(b) and (6)(d) by substituting “subsections (11), (12), (13), (14) and (15) of this section” for “ Section 37-3-2(11), (12), (13), (14) and (15), Mississippi Code of 1972” and “paragraph (a), (b) or (c) of this subsection (6)” for “subsection (6)(a), (b) or (c),” respectively. The Joint Committee ratified the corrections at its August 15, 2017, meeting.

Editor’s Notes —

Laws of 2006, ch. 504 § 1(1), codified at §37-161-1(1), provides as follows:

“SECTION 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The first 2000 amendment (ch. 432) deleted the second through fourth sentences of (6)(a)(iii) and deleted (6)(a)(iii)1. through (6)(a)(iii)4.; added the second and third sentences in (9); and made a minor stylistic change.

The second 2000 amendment (ch. 550) rewrote (6)(a)(ii); added the second and third sentences in (9); added “The applicant” throughout (11); substituted “an applicant’s certificate ” for “a certificate” in (11)(d); in (11)(e), deleted “Committed ” at the beginning and inserted “committed by the applicant ”; substituted “Failing or refusing” for “Fails or refuses ” in (11)(f); added “The license holder ” throughout (12); substituted “subsections (12) and (13)” for “Subsection (8) ” in (19); and made minor stylistic changes.

The 2002 amendment rewrote the section.

The first 2004 amendment ch. 409, substituted “Beginning January 1, 2004, an individual who” for “Beginning January 1, 2003, an individual who possesses at least a bachelor’s degree from a nationally or regionally accredited institution of higher learning who” at the beginning of (6)(b); inserted “or a curriculum of study in which the student matriculates in the fall or spring semester” near the beginning of (6)(b)(i); and inserted “or the fall or spring semester option” near the beginning of (6)(iii).

The second 2004 amendment ch. 478, rewrote (13)(c); and inserted “or revoked” in the second sentence, and “suspended or surrendered” in the third sentence of (14).

The 2006 amendment added (6)(h); and in (8), deleted “and has a minimum of two (2) years of full-time teaching or administrator experience” from the end of (a), and deleted “or who possesses a standard license from another state but has less than two (2) years of full-time teaching or administration experience” from the end of the first sentence in (b).

The first 2009 amendment (ch. 345), reenacted this section without change.

The second 2009 amendment (ch. 445), reenacted and amended the section by rewriting (6)(g).

The 2011 amendment deleted the former next-to-last paragraph of (6)(b)(viii), which read: “The State Department of Education shall compile and report, in consultation with the commission, information relating to nontraditional teacher preparation internship programs, including the number of programs available and geographic areas in which they are available, the number of individuals who apply for and possess a nontraditional conditional license, the subject areas in which individuals who possess nontraditional conditional licenses are teaching and where they are teaching, and shall submit its findings and recommendations to the legislative committees on education by December 1, 2004”; rewrote (7)(d); added language beginning “and meets minimum Mississippi license” at the end of (8); inserted “or suspension” following “Revocation” in (11)(d); added (12)(g), (h), and (i); and made minor stylistic changes.

The 2012 amendment added (4)(b); and added “subject to a process and schedule determined by the State Board of Education” at the end of (5)(b).

The first 2013 amendment (ch. 350), inserted the subsection (8) designator and added the last sentence in (8)(a).

The second 2013 amendment (ch. 496), added (6)(a)(v), the first paragraph in (b) and (b)(i) and (ii); in (11)(d), substituted “Revocation, suspension or surrender” for “Revocation or suspension” and added the language beginning “shall result in immediate denial”; added the last sentence in (10)(h); added (10)(i); added the last sentence in (12)(d); added “shall result in immediate suspension or revocation” in (12)(e); added (12)(f); rewrote (14)(a); added (14)(b); and inserted “Mississippi” following “First Judicial District of Hinds County” in the first sentence of (16).

The third 2013 amendment (ch. 497), inserted “district” following “public school” in the first sentence of (6)(e); added the last sentence in (8); added “Mississippi” following “Hinds County” in (16); and substituted “school districts” for “schools” in the second sentence in (18).

The first 2014 amendment (ch. 318), in (6)(b)(ii), inserted “or passing Praxis II scores at or above the national recommended score” and deleted “from the approved teacher education program” at the end of the sentence.

The second 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2); inserted “Twenty-one” at the beginning of (6)(a)(v)1 and (6)(b)(i) and made related changes.

The third 2014 amendment (ch. 458), in (2), substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” near the end of the second sentence; in (10), substituted “Commission on Teacher and Administrator Education” for “Commission of Teacher and Administrator Education”; added (12)(k) and made related changes.

The fourth 2014 amendment (ch. 536), added the last sentence in (6)(a)(ii).

The 2015 amendment, in (12), rewrote the introductory paragraph, which read: “The State Board of Education, acting on the recommendation of the commission, may revoke or suspend any teacher or administrator license for specified periods of time for one or more of the following,” added ( l ) and (m), and made related stylistic changes.

Cross References —

Notification of Department of Education that certificated person has been convicted of a felony or sex offense, see §37-3-51.

Effect of abandonment of employment, see §37-9-57.

Violations of mandatory uniform test security procedures, enforcement and penalties, see §37-16-4.

Failure to repay critical needs teacher forgivable loan and interest as cause for revocation of teaching license, see §37-106-55.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

Federal Aspects—

No Child Left Behind Act of 2001, P.L. 107-110, 115 Stat. 1425, see 20 USCS §§ 6301 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A school district is not required to pay the salary of an assistant teacher while such individual is completing student teaching requirements in another district. Lee, Dec. 12, 2003, A.G. Op. 03-0577.

§ 37-3-2. Certification of teachers and administrators [Effective July 1, 2019].

  1. There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
    1. The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed,

      three (3) from each of the four (4) congressional districts, as such districts existed on January 1, 2011, in accordance with the population calculations determined by the 2010 federal decennial census, including: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of public institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the Mississippi Community College Board; one (1) local school board member; and four (4) laypersons. Three (3) members of the commission, at the sole discretion of the State Board of Education, shall be appointed from the state at large.

    2. All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
  3. The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
    1. An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
    2. An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of subsections (11), (12), (13), (14) and (15) of this section, and violations of the Mississippi Educator Code of Ethics.
  5. It shall be the duty of the commission to:
    1. Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
    2. Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
    3. Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
    4. Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
    5. Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
    6. Review all existing requirements for certification and licensure;
    7. Consult with groups whose work may be affected by the commission’s decisions;
    8. Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
    9. Hold hearings concerning standards for teachers’ and administrators’ education and certification and licensure with approval of the State Board of Education;
    10. Hire expert consultants with approval of the State Board of Education;
    11. Set up ad hoc committees to advise on specific areas; and
    12. Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education.
    1. Standard License — Approved Program Route.An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
      1. An application on a department form;
      2. An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a Bachelor of Science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person’s college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a Bachelor of Science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS). Effective July 1, 2016, for initial elementary education licensure, a teacher candidate must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education;
      3. A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service’s teacher testing examinations;
      4. Any other document required by the State Board of Education; and
      5. From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:

      1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and

      2. No less than 2.75 GPA on pre-major coursework of the institution’s approved teacher education program provided that the accepted cohort of candidates meets or exceeds a 3.0 GPA on pre-major coursework.

    2. Standard License — Nontraditional Teaching Route.From and after September 30, 2015, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:

      Beginning January 1, 2004, an individual who has a passing score on the Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area of endorsement may apply for the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.

      1. Twenty-one (21) ACT equivalent or achieve the nationally recommended passing score on the Praxis Core Academic Skills for Educators examination; and
      2. No less than 2.75 GPA on content coursework in the requested area of certification or passing Praxis II scores at or above the national recommended score provided that the accepted cohort of candidates of the institution’s teacher education program meets or exceeds a 3.0 GPA on pre-major coursework.
      3. The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
      4. The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
      5. Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
      6. During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher’s intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern’s mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher’s performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern’s performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
      7. An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
      8. Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License - Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License - Nontraditional Route which shall be valid for a five-year period and be renewable.
      9. At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
      10. The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License - Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.

      Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.

      A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.

    3. Special License — Expert Citizen.In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a one-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
    4. Special License — Nonrenewable.The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in paragraph (a), (b) or (c) of this subsection (6) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
    5. Nonlicensed Teaching Personnel.A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school district or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
    6. Special License — Transitional Bilingual Education.Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor’s degree or an associate’s degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
    7. In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
    8. Highly Qualified Teachers.Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
  7. Administrator License.The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
    1. Administrator License — Nonpracticing.Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
    2. Administrator License — Entry Level.Those educators holding administrative endorsement and having met the department’s qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
    3. Standard Administrator License — Career Level.An administrator who has met all the requirements of the department for standard administrator licensure.
    4. Administrator License — Nontraditional Route.The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.

      Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.

  8. Reciprocity.
    1. The department shall grant a standard license to any individual who possesses a valid standard license from another state and meets minimum Mississippi license requirements or equivalent requirements as determined by the State Board of Education. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
    2. The department shall grant a nonrenewable special license to any individual who possesses a credential which is less than a standard license or certification from another state. Such special license shall be valid for the current school year plus one (1) additional school year to expire on June 30 of the second year, not to exceed a total period of twenty-four (24) months, during which time the applicant shall be required to complete the requirements for a standard license in Mississippi.
  9. Renewal and Reinstatement of Licenses.The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator’s license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree.
  10. All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members, or by a hearing officer retained and appointed by the commission, for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission, its subcommittee or hearing officer, shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the commission, its subcommittee or hearing officer. An appeal to the State Board of Education shall be perfected upon filing a notice of the appeal and by the prepayment of the costs of the preparation of the record of proceedings by the commission, its subcommittee or hearing officer. An appeal shall be on the record previously made before the commission, its subcommittee or hearing officer, unless otherwise provided by rules and regulations adopted by the board. The decision of the commission, its subcommittee or hearing officer shall not be disturbed on appeal if supported by substantial evidence, was not arbitrary or capricious, within the authority of the commission, and did not violate some statutory or constitutional right. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the commission, its subcommittee or hearing officer. The decision of the State Board of Education shall be final.
    1. The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:

      Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;

      1. The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
      2. The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
      3. Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
      4. Failing or refusing to furnish reasonable evidence of identification;
      5. The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this subparagraph (vi) of this paragraph (a), a “guilty plea” includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
      6. The applicant or licensee is on probation or post-release supervision for a felony or conviction, as defined by federal or state law. However, this disqualification expires upon the end of the probationary or post-release supervision period.
    2. The State Board of Education, acting through the commission, shall deny an application for any teacher or administrator license, or immediately revoke the current teacher or administrator license, for one or more of the following:

      If the applicant or licensee has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law. For purposes of this subparagraph (I) of this paragraph (b), a “guilty plea” includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;

      1. The applicant or licensee is on probation or post-release supervision for a sex offense conviction, as defined by federal or state law;
      2. The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95; or
      3. The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24.
  12. The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter for one or more of the following:
    1. Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
    2. Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
    3. Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
    4. The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this paragraph, a “guilty plea” includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
    5. The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
    6. The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
    7. The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
    8. The license holder submitted a false certification to the State Department of Education that a statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System; or

      The license holder has failed to comply with the Procedures for Reporting Infractions as promulgated by the commission and approved by the State Board of Education pursuant to subsection (15) of this section.

      For purposes of this subsection, probation shall be defined as a length of time determined by the commission, its subcommittee or hearing officer, and based on the severity of the offense in which the license holder shall meet certain requirements as prescribed by the commission, its subcommittee or hearing officer. Failure to complete the requirements in the time specified shall result in immediate suspension of the license for one (1) year.

    1. Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
    2. Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
    3. A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
    1. A person whose license has been suspended or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of suspension or surrender, or after one-half (1/2) of the suspended or surrendered time has lapsed, whichever is greater. A person whose license has been suspended or revoked on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner’s rehabilitation and fitness to perform the duties authorized by the license.
    2. A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
  15. Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission, its subcommittee or hearing officer regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
  16. An appeal from the action of the State Board of Education in denying an application, revoking or suspending a license or otherwise disciplining any person under the provisions of this section shall be filed in the Chancery Court of the First Judicial District of Hinds County, Mississippi, on the record made, including a verbatim transcript of the testimony at the hearing. The appeal shall be filed within thirty (30) days after notification of the action of the board is mailed or served and the proceedings in chancery court shall be conducted as other matters coming before the court. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of preparation of the record of the proceedings by the State Board of Education, and the filing of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action of the board be affirmed by the chancery court, the applicant or license holder shall pay the costs of the appeal and the action of the chancery court.
  17. All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
  18. The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public school districts of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
  19. In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 10; Laws, 1988, ch. 464, § 1; Laws, 1988, ch. 536, § 1; Laws, 1989, ch. 373, § 1; Laws, 1991, ch. 502, § 1; Laws, 1991, ch. 534, § 1; Laws, 1992, ch. 519, § 2; Laws, 1992, ch. 524, § 2; Laws, 1993, ch. 594, § 1; Laws, 1994, ch. 596, § 1; Laws, 1994, ch. 581, § 16; Laws, 1996, ch. 507, § 9; Laws, 1996, ch. 540, § 1; Laws, 1997, ch. 545, § 1; Laws, 2000, ch. 432, § 1; Laws, 2000, ch. 550, § 1; Laws, 2002, ch. 587, § 1; Laws, 2004, ch. 409, § 1; Laws, 2004, ch. 478, § 1; Laws, 2006, ch. 504, § 3; reenacted without change, Laws, 2009, ch. 345, § 2; reenacted and amended, Laws, 2009, ch. 445, § 2; Laws, 2011, ch. 514, § 1; Laws, 2012, ch. 376, § 1; Laws, 2013, ch. 350, § 3; Laws, 2013, ch. 496, § 1; Laws, 2013, ch. 497, § 39; Laws, 2014, ch. 318, § 1; Laws, 2014, ch. 397, § 8; Laws, 2014, ch. 458, § 3; Laws, 2014, ch. 536, § 3; Laws, 2015, ch. 470, § 2, eff from and after passage (approved Apr. 22, 2015); Laws, 2019, ch. 455, § 1, eff from and after July 1, 2019.

§ 37-3-3. Office and seal of department.

The office of the State Department of Education shall be in the City of Jackson, Mississippi. The state capitol commission shall provide suitable quarters therefor.

The state superintendent of public education shall provide and keep a seal having around the margin thereof the words “State Department of Education” with the coat of arms of the state in the center. All official acts of the department shall be certified under said seal.

HISTORY: Codes, 1930, § 6556; 1942, §§ 6245-02, 6245-11; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, §§ 2, 11; Laws, 1982, Ex Sess, ch. 17, § 9, eff from and after passage (approved December 21, 1982).

§ 37-3-3.1. State Department of Education board room designated the Senator Grey Ferris Board Room.

The Board Room at the State Department of Education, located in Jackson, Mississippi, shall be named the Senator Grey Ferris Board Room. The Department of Finance and Administration shall prepare a distinctive plaque to be placed in a prominent place within the Senator Grey Ferris Board Room, which states the background, accomplishments and service to the state of the Honorable Grey Ferris.

HISTORY: Laws, 2009, ch. 460, § 1, eff from and after July 1, 2009.

§ 37-3-4. School Executive Management Institute; basic and continuing education courses for school board members; additional required training for local school board members and the local superintendent; exemption of certain school administrators.

  1. There is established within the State Department of Education, the School Executive Management Institute. The director shall be appointed by the State Board of Education upon recommendation by the State Superintendent of Public Education. The State Superintendent of Public Education, with the approval of the State Board of Education, shall assign sufficient staff members from the State Department of Education to the institute.
  2. It shall be the purpose and duty of the institute to conduct thorough empirical studies and analyses of the school management needs of the local school districts throughout the state, to make recommendations to the State Board of Education regarding standards and programs of training that aid in the development of administrative and management skills of local school administrators, and to conduct such programs related to these purposes as they are implemented under guidelines established by the State Board of Education.
  3. The State Board of Education shall develop and implement through the School Executive Management Institute a program for the development of administrative and management skills of local school administrators under which all local school administrators employed by a school district shall be required to participate. Subject to the extent of appropriations available for such purpose, the School Executive Management Institute or the Mississippi School Boards Association shall be required to offer courses at least twice a year on the uses of technology to school district principals, superintendents and other administrative personnel. These courses shall relate to the application of technology to learning, as well as administrative problems.
    1. The institute shall have an advisory board composed of ten (10) qualified members appointed by the State Board of Education after consultation with the State Superintendent of Public Education. This advisory board will offer recommendations to the institute on the types of training to be instituted and supported. The membership of the advisory board shall be composed of the following members, two (2) to be appointed from each congressional district: three (3) school administrators; one (1) representative of public community/junior colleges within the state; one (1) representative of a school of education in an institution of higher learning within the state; two (2) local school board members; one (1) classroom teacher; and two (2) laypersons. In making the initial appointments, three (3) members shall be appointed for a term of one (1) year, three (3) members shall be appointed for a term of two (2) years, two (2) members shall be appointed for a term of three (3) years, and two (2) members shall be appointed for a term of four (4) years. Thereafter, all members shall be appointed for a term of four (4) years. The advisory board shall meet when called by the director, but in no event fewer than three (3) times per year. The members of the advisory board shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
    2. Board members of the Oxford-Lafayette Business and Industrial Complex shall be paid per diem and reimbursed for expenses and mileage from local funds in accordance with Section 37-6-13.
    1. Basic Education Course. The Mississippi School Boards Association shall be responsible for preparing and conducting a course of training for basic education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. The basic course shall be known as the “School Board Member Training Course” and shall consist of at least twelve (12) hours of training. The Mississippi School Boards Association shall issue certificates of completion to those school board members who complete the basic education course.
    2. Continuing Education Course. The Mississippi School Boards Association shall be responsible for preparing and conducting a course of training for continuing education for the local school board members of this state, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. The continuing education course shall be known as the “Continuing Education Course for School Board Members” and shall consist of at least six (6) hours of training.
    3. Additional Required Training. Effective July 1, 2009, local school board members and the local superintendent that serve in a district with one or more failing schools as determined by the Mississippi Board of Education accountability system as provided for in Section 37-17-6, or serving in a school district that has a serious financial condition as determined by the State Auditor as provided for in Section 37-9-18, shall annually attend additional training provided by the Mississippi School Boards Association.

      The Mississippi School Boards Association shall, subject to appropriation, develop and conduct training specific to the local boards’ role in improving learning outcomes and effective financial management. Such training shall be known as “Improving Student Outcomes and Academic Success” which shall consist of not less than six (6) hours of training and “Effective Financial Management In Local School Districts” which shall consist of not less than six (6) hours of training. Any local board members and the local superintendent that serve in a school district that meets the criteria for both of the training modules shall annually attend both training sessions for a total of not less than twelve (12) hours of training. At such time the school district is determined to no longer have failing schools; or no longer has a serious financial condition, such board member and the local superintendent shall no longer be required to attend the training as provided herein. The training as required under subsection (c) shall not replace, but is in addition to, the training required for new school board members and continuing board members as required under Section 37-7-306.

      The Mississippi School Boards Association shall issue certificates of completion to those school board members who complete the continuing education course. All costs and expenses for preparing and conducting the basic education course and the continuing education course provided for in this paragraph shall be paid out of any funds which are made available to the Mississippi School Boards Association upon authorization and appropriation by the Legislature to the State Department of Education.

  6. The Mississippi School Boards Association shall prepare and submit a report each year to the State Board of Education and to the respective Chairs of the House and Senate Education Committees describing the activities and providing an evaluation of the continuing education programs offered by the association each year.
  7. The School Executive Management Institute of the State Department of Education, or the Mississippi School Boards Association with the oversight of the State Board of Education, at least twice a year, shall prepare and conduct required courses of training for continuing education for the elementary and secondary school principals employed by the school districts of this state, in order for those principals to carry out their duties more effectively and be exposed to new ideas involving school management. The continuing education course shall be known as the “Continuing Education Course for Principals” and shall consist of at least six (6) hours of training. The content of the continuing education courses and the time and place such courses are to be conducted shall be determined by the School Executive Management Institute or the Mississippi School Boards Association; however, to the extent practicable, such training sessions shall be held within geographical proximity of local districts in order that travel times and costs shall not be prohibitive.

    The institute shall issue certificates of completion to those principals who complete such courses. All costs and expenses for preparing and conducting the basic and continuing education courses provided for in this subsection shall be paid out of any funds which are made available to the institute upon authorization and appropriation by the Legislature.

  8. School district principals and other administrators with career level certifications at schools meeting the highest levels of accreditation standards, as defined by the State Board of Education, are exempt from the requirements of this section, subject to approval of the local school district superintendent.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 11; Laws, 1991, ch. 502, § 10; Laws, 1992, ch. 519, § 3; Laws, 1998, ch. 564, § 1; Laws, 2002, ch. 611, § 4; Laws, 2006, ch. 334, § 1; Laws, 2006, ch. 335, § 1; Laws, 2006, ch. 417, § 4; Laws, 2008, ch. 338, § 1; Laws, 2009, ch. 345, § 3; Laws, 2009, ch. 445, § 3; Laws, 2009, ch. 516, § 5; Laws, 2013, ch. 497, § 40, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Section 1 of ch. 334, Laws of 2006, effective from and after July 1, 2006 (approved March 9, 2006), amended this section. Section 1 of ch. 335, Laws of 2006, effective from and after July 1, 2006 (approved March 13, 2006), and Section 4 of ch. 417, Laws of 2006, effective July 1, 2006 (approved March 15, 2006), also amended this section. As set out above, this section reflects the language of all three amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the May 31, 2006 meeting of the Committee.

Section 3 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), amended this section. Section 3 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), and Section 5 of ch. 516, Laws of 2009, effective from and after passage (approved April 8, 2009), also amended this section. As set out above, this section reflects the language of Section 3 of ch. 445, Laws of 2009, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 1990, Chapter 588, § 8, amended this section effective July 1, 1990, and provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions have not been printed in this volume. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

The United States Attorney General by letter dated July 9, 1991, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1991, ch. 502, § 10.

On July 13, 1998, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1998, ch. 564, § 1.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Laws of 2009, ch. 516 § 1 provides:

“SECTION 1. This act shall be entitled and may be cited as the “Children First Act of 2009.”

Amendment Notes —

The 2002 amendment deleted “on July 1, 1984” following “established” in the first sentence of (1); rewrote (5); inserted present (6), and redesignated former (6) and (7) as present (7) and (8); and, in present (7), deleted the last sentence.

The first 2006 amendment (ch. 334), in (5)(a), substituted “The Mississippi School Boards Association shall be responsible for preparing and conducting” for “Subject to the extent of appropriations available for such purpose, the School Executive Management Institute of the State Department of Education shall prepare and conduct” in the first full sentence and “Mississippi School Boards Association” for “School Executive Management Institute” in the last sentence; inserted “basic education course and the” following “preparing and conducting the” in the last paragraph of (5).

The second 2006 amendment (ch. 335), made the same changes as those in Laws of 2006, ch. 334, § 1.

The third 2006 amendment (ch. 417), rewrote (8).

The 2008 amendment, in (5), added (c), and added the next-to-last paragraph.

The first 2009 amendment (ch. 345) reenacted this section without change.

The second 2009 amendment (ch. 445) reenacted and amended the section by, in the first paragraph of (5)(c), substituting “July 1, 2009” for “July 1, 2008,” inserting “and the local superintendent,” and substituting “failing schools” for “underperforming schools,” in the second paragraph of (5)(c), inserting “and the local superintendent” both times it appears and substituting “failing schools” for “underperforming schools” in the fourth sentence, and rewriting (8).

The third 2009 amendment (ch. 516), in (5), in (c), substituted “July 1, 2009” for “July 1, 2008,” inserted “and the local superintendent,” and substituted “failing schools” for “underperforming schools,” and in the next-to-last paragraph, inserted “and the local superintendent” both times it appears, and substituted “failing schools” for “underperforming schools”; and in (8), substituted “the highest levels of accreditation standards” for “Level 4 or 5 accreditation standards” and inserted “as defined by the State Board of Education” thereafter.

The 2013 amendment in (3), inserted “employed by a school district” preceding “shall be required to participate” in the first sentence, and “school district” following “uses of technology to” in the second sentence; in (7), inserted “employed by the school districts” preceding “of this state, in order for” and “those” thereafter at the end of the first sentence; and in (8), inserted “school district” at the beginning of the subsection and preceding “superintendent” at the end.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Principals and administrators with career level certifications at schools with Level 4 or 5 accreditation standards exempt from the provisions of this section, subject to approval of the local superintendent, see §37-17-12.

OPINIONS OF THE ATTORNEY GENERAL

A course conducted by the School Executive Management Institute of the State Department of Education may not charge a fee to participants; however, any individual, group or association approved by the State Board of Education may charge participants for the course of training. Thompson, Oct. 30, 1991, A.G. Op. #91-0795.

The State Department of Education does not have to conduct the training if no funds are appropriated, it must establish appropriate criteria for same and the State Board of Education may approve a course of training offered by any individual, group or association which meets the criteria established. Thompson, Oct. 30, 1991, A.G. Op. #91-0795.

Appointments to this board should be reviewed under the last five-district plan which was in effect. Canon, Jan. 16, 2003, A.G. Op. #03-0016.

School board members must receive six hours of continuing education training during the 2004-2005 school year. Chaney, Aug. 6, 2004, A.G. Op. 04-0334.

The Mississippi School Boards Association has the authority to charge an amount equal to the actual cost of training for continuing education for school board members. Chaney, Aug. 6, 2004, A.G. Op. 04-0334.

§ 37-3-5. General duties of department; grants of property to public and agricultural high schools; administration of department.

The State Department of Education is hereby charged with the execution of all laws relating to the administrative, supervisory and consultative services to the public schools and agricultural high schools of the school districts throughout the State of Mississippi. The State Department of Education is also authorized to grant property to public school districts and agricultural high schools of the State of Mississippi.

Subject to the direction of the State Board of Education as provided by law, the administration, management and control of the department is hereby vested in the State Superintendent of Public Education, who shall be directly responsible for the rightful functioning thereof.

HISTORY: Codes, 1942, § 6245-02; Laws, 1946, ch. 297, § 2; Laws, 1986, ch. 434, § 3; Laws, 1996, ch. 534, § 1; Laws, 2013, ch. 497, § 41, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted “the school districts throughout” in the first sentence and substituted “school districts” for “schools” in the second sentence of the first paragraph.

Cross References —

Appointment and compensation of personnel of department and requirement of adherence to appropriated sums, see §37-3-13.

Duty of the state department of education to establish an instructional program and management system for local school districts, see §37-3-49.

Requirement that the State Department of Education devise a form and a procedure for reporting the number of compulsory attendance violations and other information concerning public school attendance, see §37-13-91.

Implementation of a statewide assessment testing program, see §§37-16-1 et seq.

Department’s responsibility to implement a statewide system of assistant teachers, see §37-21-7.

Authority to establish county agricultural high schools, see §37-27-1.

Upon request department to provide information and technical assistance to Charter School Authorizer Board, see §37-28-13.

Authority to establish junior colleges, see §37-29-1.

Administration by the state board of education of vocational rehabilitation law, see §37-33-19.

Duties of state department of Human Services as to the vocational rehabilitation for the blind law, see §37-33-59.

Duties of the state department of education with respect to the Mississippi School for Math and Science, see §37-139-7.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 84.

CJS.

78 C.J.S., Schools and School Districts §§ 139, 142-149.

§ 37-3-7. Study of costs of insurance on school buildings and facilities.

  1. It shall be the duty and obligation of the State Department of Education, in addition to all other duties and responsibilities imposed upon it by law, to make a survey and study relative to the problem of the cost of insuring public school buildings and other school facilities in this state. Such study and survey shall have as its purpose and object the development and ascertainment of the amount of insurance premiums paid by the school districts of this state for fire, extended coverage and other hazard insurance upon public school buildings and other school facilities in this state, the amount of losses paid by insurance companies under and by virtue of such insurance, the ratio of losses with respect to premiums collected, and such other facts and information with reference to the insurance of public school buildings and other school facilities and the cost thereof as shall be necessary and desirable.
  2. In making such study and survey, the State Department of Education shall be authorized and empowered to inspect and examine the financial records and accounts of the school districts of this state and of such other local, county and state agencies and instrumentalities as shall be deemed to be proper and desirable. It shall be the duty and obligation of all such school districts to prepare and file with the State Department of Education such reports relative to insurance premiums paid, losses sustained or incurred, and other pertinent information with reference to the problem of insurance on school buildings and other school facilities as the State Department of Education shall request.
  3. It shall be the duty and obligation of the State Insurance Commissioner, the State Fire Marshal, all other agencies of the State of Mississippi and the State Rating Bureau to cooperate with and assist the State Department of Education in the making of the study and survey herein provided for to the end that complete and accurate information shall be developed, and, for such purpose, it shall be the duty and obligation of all such agencies to furnish, upon request of the State Department of Education, all information, material and statistics relating to such study and survey as shall be within the keeping and possession of such agency.
  4. The information developed by the State Department of Education shall be a public record and shall be available for inspection by any interested party at all proper times.

HISTORY: Codes, 1942, § 6245-09.5; Laws, 1960, ch. 313, §§ 1-5; Laws, 1970, ch. 365, § 1; Laws, 2009, ch. 546, § 12; Laws, 2011, ch. 442, § 8, eff from and after July 1, 2011.

Amendment Notes —

The 2009 amendment deleted “the state department of audit” following “state insurance commissioner” near the beginning of (3).

The 2011 amendment deleted “continuing” preceding “survey and study relative to the problem,” near the beginning of (1); deleted “and a summary thereof shall be included in the annual report of the State Department of Education” from the end of (4).

Cross References —

General powers and duties of the state department of audit, see §7-7-211.

Authority of boards of trustees of school districts to insure school property, see §37-7-303.

Investigation of fires by the commissioner of insurance, see §45-11-1.

Election and qualifications of the commissioner of insurance, see §83-1-3.

§ 37-3-8. Studies and reports by department of education relating to teaching out of fields and mastery of subject matters.

The State Department of Education shall conduct the following studies and shall report its findings to the State Board of Education on July 1, 1984, and the board shall submit these reports to the next regular session of the Legislature together with any corrective action taken and with recommendations for any further corrective action that might be required:

Teaching out of field. A study shall be conducted to determine the extent to which teachers are teaching out of their fields of certification; the conditions that promote such a practice; and the most appropriate remedies to the problem.

Mastery of subject matter and learning skills. A study shall be conducted to determine the extent to which children master one level of course work before being advanced to the next level; what may be done to assure that progression from one level to another is properly sequenced; and what steps are now being taken to assure that children are progressing satisfactorily toward mastery of the material under study.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 7; Laws, 2011, ch. 442, § 9, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment deleted the former last sentence of the introductory paragraph which read: “The studies shall be updated on an annual basis to determine the effectiveness of the corrective action which has been taken.”

§ 37-3-9. Appointment, qualifications, compensation and bond of State Superintendent of Public Education.

  1. There shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board’s will and pleasure. He shall be the Chief Administrative Officer for the State Department of Education and shall administer the department in accordance with the policies established by the State Board of Education. The State Superintendent of Education, serving on July 1, 2011, shall continue to receive the salary that he was receiving on January 1, 2011. From and after the completion of the term of the said superintendent serving on July 1, 2011, the salary of the State Superintendent of Education shall be established by the State Board of Education. The State Superintendent of Public Education shall have at least a master’s degree in any field and a minimum of five (5) years’ experience in administration in the educational field.
  2. The State Superintendent shall give bond in the penalty of Seventy-five Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, conditioned according to law. The bond, when approved, shall be filed and recorded in the Office of the Secretary of State.

HISTORY: Codes, 1930, § 6555; 1942, § 6245-03; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, § 3; Laws, 1982, Ex Sess, ch. 17, § 14; Laws, 1986, ch. 432, § 2; Laws, 1999, ch. 581, § 2; Laws, 2011, ch. 421, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 1999 amendment redesignated former (1)(a) as (1) and former (1)(b) as (2); and in (1), substituted “in an amount equal to ninety percent (90%) of the salary of the Commissioner of Higher Education” for “as shall be prescribed by the State Personnel Board.”

The 2011 amendment, in (1), deleted “From and after July 1, 1984” from the beginning of the first sentence; rewrote the third sentence, which read “He shall receive such compensation in an amount equal to ninety percent (90%) of the salary of the Commissioner of Higher Education”; added the fourth sentence; and made minor stylistic changes.

Cross References —

Before whom oaths of state officers may be taken, see §25-1-9.

Filing of oaths of state officers, see §25-1-11.

Giving of guaranty or surety bonds by state officers, see §25-1-13.

Salary of the state superintendent of public education, see §25-3-31.

Power of department heads to select, appoint, and remove subordinates, see §25-3-47.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 133-137.

§ 37-3-11. General duties of state superintendent.

The State Superintendent of Public Education shall perform the duties assigned to him by the State Board of Education, and he shall have the following duties:

To serve as secretary for the State Board of Education;

To be the chief administrative officer of the State Department of Education;

To recommend to the State Board of Education, for its consideration, rules and regulations for the supervision of the public schools and agricultural high schools of the school districts throughout the state and for the efficient organization and conduct of the same;

To collect data and make it available to the state board for determining the proper distribution of the state common school funds;

To keep a complete record of all official acts of the State Superintendent and the acts of the State Board of Education;

To prepare, have printed and furnish all officers charged with the administration of the laws pertaining to the public schools, such blank forms and books as may be necessary to the proper discharge of their duties, which printing is to be paid for out of funds provided by the Legislature;

To have printed in pamphlet form the laws pertaining to the public schools and publish therein forms for conducting school business, the rules and regulations for the government of schools that the State Superintendent or the State Board of Education may recommend, and such other matters as may be deemed worthy of public interest pertaining to the public schools, which printing is to be paid for out of funds provided by the Legislature;

To meet all superintendents annually at such time and place as the State Superintendent shall appoint for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state, to compare views, discuss problems, hear discussions and suggestions relative to examinations and qualifications of teachers, methods of instruction, textbooks, summer schools for teachers, visitation of schools, consolidation of schools, health work in the schools, vocational education and other matters pertaining to the public school system;

To advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent, to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws, in regard to rights, powers and duties of school officers and superintendents, and to keep a record of all such decisions. Before giving any opinion, the superintendent may submit the statement of facts to the Attorney General, and it shall be the duty of the Attorney General forthwith to examine such statement and suggest the proper decision to be made upon such fact;

To require annually, and as often as the State Superintendent may deem proper, of all superintendents, detailed reports on the educational business of the various districts;

On or before January 10 in each year to prepare, under the direction of the State Board of Education, the annual information report of the State Department of Education as described in Section 37-151-97;

To determine the number of educable children in the several school districts under rules and regulations prescribed by the State Board of Education; and

To perform such other duties as may be prescribed by the State Board of Education.

HISTORY: Codes, 1930, § 6557; 1942, §§ 6245-07, 6245-07.5; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, § 7; Laws, 1966, ch. 418, § 1; Laws, 1970, ch. 364, § 1; Laws, 1982, Ex Sess, ch. 17, § 15; Laws, 1986, ch. 434, § 4; Laws, 2006, ch. 550, § 1; Laws, 2011, ch. 442, § 3; Laws, 2013, ch. 497, § 42, eff from and after July 1, 2013.

Editor’s Notes —

The preamble and § 1 of Laws of 2007, ch. 456 provide:

“WHEREAS, autism is a complex developmental disability that typically appears during the first three (3) years of life and is part of a group of disorders known as Autism Spectrum Disorders (ASD); and

“WHEREAS, as of the effective date of this act, at least one (1) in one hundred sixty-six (166) individuals in the United States is diagnosed with autism, making it more common than the occurrences in our population of pediatric cancer, diabetes, and AIDS combined; and

“WHEREAS, autism impairs a person’s ability to communicate and relate to others; is associated with rigid routines and repetitive behaviors, such as obsessively arranging objects or following very specific routines; is four (4) times more likely to strike boys than girls; and occurs in all racial, ethnic and social groups; and

“WHEREAS, symptoms of the disability can range from very mild to quite severe, and autistic behaviors not only make life difficult for those individuals who suffer from the disability, but also make life hard for their families, health care providers and teachers; and

“WHEREAS, families coping with this devastating illness are searching for answers about its causes, diagnosis, prevention and treatment, and while there is no known means to prevent the disability, there are indications that early intervention in an appropriate educational setting for at least two (2) years during the preschool years can result in significant improvements for many young children with the disorder; and

“WHEREAS, the Mississippi Legislature recognizes that strategies for how to best identify, treat and accommodate the needs of individuals with autism and of their families are urgently needed in our state; NOW, THEREFORE,

“SECTION 1. (1) The Caring for Mississippi Individuals with Autism Task Force is created to study and make recommendations to the Mississippi Legislature regarding the growing incidence of autism and Autism Spectrum Disorders (ASD), how to identify, treat and accommodate the needs of individuals with autism and ASD, and ways to improve the delivery and coordination of state services provided to individuals with autism and ASD. Members of the task force shall be composed of the following:

“(a) Three (3) persons who are the parents of children with autism or ASD, with one (1) such person to be appointed by the Governor, one (1) to be appointed by the Lieutenant Governor, and one (1) to be appointed by the Speaker of the House;

“(b) One (1) person who is a member of the governing body of a school district, to be appointed by the State Superintendent of Public Education;

“(c) One (1) person who represents the State Department of Education, to be appointed by the State Superintendent of Public Education;

“(d) One (1) person who is the director of special education services in a school district, to be appointed by the State Superintendent of Public Education;

“(e) One (1) person who is a representative of the State Department of Mental Health, to be appointed by the executive director of the department;

“(f) Three (3) persons who are representatives of the State Department of Mental Health who are from regions in the state that provide services to individuals with autism or ASD, to be appointed by the executive director of the department;

“(g) One (1) person who is a representative of the University of Mississippi Medical Center and who provides medical or other services to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

“(h) Two (2) persons who are Mississippi pediatricians engaged in the private practice of medicine and who provide treatment to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

“(i) Two (2) persons who are licensed therapists appointed by the President of the Mississippi Speech Language and Hearing Association.

“(2) The task force shall:

“(a) Review the best practices of other states with regard to educational, medical and early intervention services provided to individuals diagnosed with autism or ASD and identify the best practices of other states;

“(b) Review the standard of services provided by local Mississippi school districts and early intervention programs to individuals diagnosed with autism or ASD, identify any additional potential funding sources for school districts, and identify guidelines for measurable educational and instructional goals that can be used by members of the education community for serving children with autism or ASD;

“(c) Assess the medical availability of services currently provided for early screening, diagnosis and treatment of autism and ASD and provide recommendations for enhancing medical services;

“(d) Identify the role of higher education in developing a workforce in Mississippi possessing the skills necessary to assist individuals with autism or ASD in medical, educational, and vocational efforts or in providing additional services associated with autism or ASD;

“(e) Evaluate and identify any and all additional relevant information and make legislative recommendations regarding the development and implementation of a continuum of educational and medical services for individuals with autism or ASD; and

“(f) File a report with those standing committees of the Mississippi State Legislature and with those state agencies having jurisdiction over specific recommendations of the task force, not later than December 1, 2007.

“(3) The task force shall hold its first meeting not later than April 1, 2007, with the date, time and location of the meeting to be designated by the Governor. At that first meeting, the task force shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, and shall set the date, time and location of its next meeting.

“(4) The State Department of Mental Health shall provide the staff and other support necessary for the Caring for Mississippi Individuals with Autism Task Force to perform its duties.”

Laws of 2011, ch. 494, § 1, provides:

“SECTION 1. (1) There is hereby established a Commission on School Payroll, Business and Procurement Efficiency, consisting of the following members:

“(a) The State Fiscal Officer, or his designee;

“(b) The State Superintendent of Education, or his designee;

“(c) A representative of the Mississippi School Superintendents Association (MASS);

“(d) A representative of the Mississippi School Business Officials Association (MSBO);

“(e) A representative of the Mississippi School Boards Association (MSBA);

“(f) Three (3) appointments, one (1) each by the Governor, the Lieutenant Governor and the State Treasurer, of qualified state or school district employees proficient in the areas of fiscal management, procurement, data processing or other fields of school business;

“(g) The Chairmen of the Senate and House Education Committees, who shall serve in an advisory, nonvoting capacity.

“The commission shall meet on a date designated by the State Fiscal Officer and organize by selecting a chairman and adopt rules for conducting business. Members of the commission shall serve without compensation, but may be reimbursed for necessary travel expenses from any available funds for attending official meetings of the commission. The Department of Finance and Administration and the State Department of Education shall jointly provide necessary administrative and clerical support for the functions of the commission.

“(2) The Commission on School Payroll, Business and Procurement Efficiency shall develop an implementation plan to bring coordinated payroll services, business services and procurement services online for all school districts in order to achieve efficiency and make a report thereon to the 2012 Regular Session of the Legislature on or before January 1, 2012. Said commission shall have the following responsibilities:

“(a) Review laws, rules, regulations, policies and procedures which affect the implementation and administration of the school payroll, business and procurement systems;

“(b) Identify required modifications and/or enhancements to the systems; and

“(c) Identify compliance requirements.

“(3) The Commission on School Payroll, Business and Procurement Efficiency shall include in its report to the Legislature at the 2012 Regular Session the anticipated savings and efficiencies to be gained resulting from the consolidation of the payroll, business and procurement functions of school districts to be implemented under this timetable. Such report shall include any technical legislative or administrative recommendations for further consolidation of payroll, business and procurement functions of school districts. Such report shall also include an administrative recommendation for the consolidation or outsourcing of shared information technology, computer and telecommunications services for all school districts, in conjunction with the Mississippi Department of Information Technology Services.”

Laws of 2011, ch. 511, § 1, provides:

“SECTION 1. (1) The State Superintendent of Public Education, the Commissioner of Higher Education and the Executive Director of the State Board for Community and Junior Colleges, acting jointly, shall develop a comprehensive report and recommendations to the 2012 Legislature on the implementation and operations of ‘Early College High Schools.’ The report shall be submitted no later than January 2, 2012, and shall provide, at a minimum, the following:

“(a) A clear definition of what constitutes an Early College High School and how it enhances education and job-related opportunities;

“(b) The mission and intent of such schools;

“(c) The established criteria for admission;

“(d) An outline of the comprehensive costs of establishing and operating such a school, including transportation, and recommendations on how the state and local school districts should pay those costs;

“(e) A requirement to provide reports on the status and level of success of operating Early College High Schools in other states across the country;

“(f) Implications for student participation in sports programs and other extracurricular activities when attending an Early College High School;

“(g) An identification of and recommendations on any state laws and policies that may need amending to provide authority for the implementation and operation of such schools;

“(h) Recommendations and costs for state and local funding of transportation services for other forms of dual enrollment programs operated across the state; and

“(i) Any other information as determined to be necessary to benefit the scope and detail of the report.

“(2) The State Superintendent of Public Education, the Commissioner of Higher Education and the Executive Director of the State Board for Community and Junior Colleges, acting jointly, shall include specific recommendations on the establishment of an Early College High School Pilot Program in Mississippi in the report submitted to the 2012 Legislature.”

Amendment Notes —

The 2006 amendment deleted former (1), which described the duties of the State Superintendent until July 1, 1984; deleted “(2) From and after July 1, 1984” from the beginning of the first paragraph; in (k), redesignated former (1) as (i), added (ii), and redesignated former (2) through (5) as (iii) through (vi); and made minor stylistic changes.

The 2011 amendment substituted “State Board of Education” for “board of education” in (g); and rewrote (k).

The 2013 amendment substituted “public schools and agricultural high schools of the school districts throughout the state” for “public free schools and agricultural high schools of the state” in (c).

Cross References —

Duty of the attorney general to give written opinion to state officers upon questions of law relating to their offices, see §7-5-25.

Duty of the state superintendent of public education to preside over meetings of the state board of education, see §37-1-1.

Responsibility of the state superintendent of public education for planning functions of the department, see §37-3-12.

Public educational services and equipment for exceptional children, including children with autism, see §§37-23-1 et seq.

Duties of the state superintendent of public education in respect to driver education and training programs, see §§37-25-5,37-25-13.

Duty of the state superintendent of public education to inspect and enforce standards of agricultural high schools, see §37-27-17.

Duty of the state superintendent of public education to serve on the state library board, see §39-1-1.

Duty of the state superintendent of public education to serve on board overseeing state fire fighters school, see §45-11-7.

Duty of the state superintendent of public education to consult with the secretary of state in respect to rules and regulations covering correspondence courses, see §75-59-7.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

Marriage or pregnancy of public school student as ground for expulsion or exclusion, or of restriction of activities. 11 A.L.R.3d 996.

Validity of regulation by public school authorities as to clothes or personal appearance of pupils. 14 A.L.R.3d 1201.

Am. Jur.

67B Am. Jur. 2d, Schools § 84.

CJS.

78 C.J.S., Schools and School Districts §§ 139, 142-149.

§ 37-3-12. Responsibility of state superintendent for planning functions of department.

The state superintendent of public education shall be responsible for all planning functions for the department, including collection, analysis and interpretation of all data, information, test results, evaluations and other indicators that are used to formulate policy, identify areas of concern and need and to serve as a basis for short-range and long-range planning. Such planning shall include assembling data, conducting appropriate studies and surveys and sponsoring research and development activities designed to provide information about educational needs and the effect of alternative educational practices.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 16, eff from and after passage (approved December 21, 1982).

Cross References —

General duties of State Superintendent, see §37-3-11.

§ 37-3-13. Appointment and compensation of deputy superintendents, associate superintendents, directors and other employees; exemption of personnel actions of State Department of Education from State Personnel Board procedures for limited time period.

  1. The deputy superintendents, associate superintendents and directors shall be selected by and hold office subject to the will of the State Superintendent of Public Education subject to the approval of the State Board of Education. All other personnel shall be competitively appointed by the State Superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The State Board of Education shall set the salary of the deputy superintendents, associate superintendents and divisional directors, and the members of the teaching staffs and employees of the Mississippi School of the Arts. The State Superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation of all other employees of the State Department of Education. All salaries, compensation or expenses of any of the personnel of the department shall be paid upon the requisition of the State Superintendent of Public Education and warrant issued thereunder by the State Auditor out of funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Superintendent of Education or out of funds otherwise made available. The entire expense of administering the department shall never exceed the amount appropriated therefor, plus funds received from other sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any such excess.
  2. For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) regarding the personnel actions of the State Department of Education shall not be subject to the rules and regulations of the State Personnel Board for all personnel employed by the department within that period. All personnel hired within the period of exemption from the state personnel system shall be classified as nonstate service and must meet the criteria of the State Personnel Board as it presently exists for employment.

HISTORY: Codes, 1942, § 6245-04; Laws, 1946, ch. 297, § 4; Laws, 1982, Ex Sess, ch. 17, § 17; Laws, 1983, ch. 536, § 5; Laws, 1999, ch. 591, § 9; Laws, 2014, ch. 491, § 3, eff from and after passage (approved April 15, 2014).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section37-3-17, referred to in subsection (1), was repealed by Laws of 1982 Extraordinary Session, Chapter 17, § 43, effective from and after July 1, 1984. For present similar provisions, see §37-3-25.

Amendment Notes —

The 1999 amendment inserted “and the members of the teaching staffs and employees of the Mississippi School of the Arts” in (2).

The 2014 amendment deleted former (1) pertaining to appointment of Assistant State Superintendent and other officers and employees prior to July 1, 1984; redesignated former (2) as (1) and deleted “From and after July 1, 1984,” from the beginning of the first sentence; and added (2).

Cross References —

Executive Director of the Department of Finance and Administration generally, see §§7-7-1 et seq.

Power of department heads to select, appoint, and remove subordinates, see §25-3-47.

State personnel board generally, see §§25-9-109 et seq.

State Board of Education generally, see §§37-1-1 et seq.

Mississippi School of the Arts generally, see §§37-140-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 133-137.

§§ 37-3-15 through 37-3-23. Repealed.

Repealed by 1982, Ex Sess, ch. 17, § 43, eff from and after July 1, 1984.

§37-3-15. [Codes, 1942, § 6245-05; Laws, 1946, ch. 297, § 5]

§37-3-17. [Codes, 1942, § 6245-06; Laws, 1946, ch. 297, § 6; Laws, 1970, ch. 363, § 2; Laws, 1982, ch. 493, § 9]

§37-3-19. [Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, § 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3]

§37-3-21. [Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, § 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3]

§37-3-23. [Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, § 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3]

Editor’s Notes —

Former §37-3-15 provided for salaries and expenses of the state superintendent, assistant state superintendent, division directors, supervisors, and employees of state department of education. For present similar provisions, see §§37-3-9,37-3-13.

Former §37-3-17 provided for appointment and compensation of directors and employees of divisions of vocational education and rehabilitation. For present similar provisions, see §37-3-25.

Former §37-3-19 provided for duties of director of division of administration and finance.

Former §37-3-21 provided for duties of director of division of instruction.

Former §37-3-23 provided for duties of the director of division of school building and transportation services.

§ 37-3-25. Appointment, compensation and duties of Director of Division of Vocational and Technical Education.

  1. The Director of the Division of Vocational and Technical Education of the State Department of Education who shall be an associate state superintendent of education shall be appointed by the State Superintendent of Public Education. The director’s salary shall be set by the State Board of Education subject to the approval of the State Personnel Board. His salary, compensation, travel expenses or other expenses shall be provided for out of any funds made available for such purpose by the Legislature, the federal government, or other gifts or grants. The director shall be responsible to the State Superintendent of Public Education for the proper administration of the programs of vocational and technical education in conformity with the policies adopted by the State Board of Education and shall be responsible for appointing any necessary supervisors, assistants, and employees to assist in carrying out the programs of vocational and technical education. The director shall have the authority to employ, compensate, terminate, promote, demote, transfer or reprimand employees of the division. The salary and compensation of such employees shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq. However, if for any reason within the two-year period beginning July 1, 2014, a new Director of the Division of Vocational and Technical Education or other personnel within the division are employed by the department, the employment shall not be subject to the rules and regulations of the State Personnel Board, except as otherwise provided in Section 25-9-127(4).
  2. The Director of the Division of Vocational and Technical Education, subject to the approval of the State Board of Education, shall have charge of and be responsible for vocational and technical education training in:
    1. Agriculture;
    2. Occupational and consumer home economics;
    3. Consumer and homemaking education;
    4. Trades and industry;
    5. Distributive education;
    6. Secondary adult education;
    7. Teacher training and supervision;
    8. Business and office;
    9. Health;
    10. Industrial arts;
    11. Guidance services;
    12. Technical education;
    13. Cooperative education; and
    14. All other specialized training not requiring a bachelors degree, with the exception of programs of nursing education regulated under the provisions of Section 37-129-1.

HISTORY: Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, § 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3; Laws, 1982, ch. 493, § 6; Laws, 1992, ch. 482, § 1; Laws, 1999, ch. 572, § 2; Laws, 2014, ch. 491, § 4, eff from and after passage (approved April 15, 2014).

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of 1982, ch. 493 effective June 30, 1990.

Amendment Notes —

The 1999 amendment added “Secondary” in (2)(f); added “and ” in (2)(m); deleted former (2)(n); and redesignated former (2)(o) as (2)(n).

The 2014 amendment added the last sentence in (1).

Cross References —

Contracts and cooperation between the division of vocational technical education of the state department of education and the division of job development and training of the office of the governor, see §7-1-363.

State personnel board generally, see §§25-9-109 et seq.

State Board of Education generally, see §§37-1-1 et seq.

General duties of state superintendent, see §37-3-11.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 84.

CJS.

78 C.J.S., Schools and School Districts §§ 139, 142-149.

§ 37-3-27. Repealed.

Repealed by Laws, 1982, Ex Sess, ch. 17, § 43, eff from and after July 1, 1984.

[Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, § 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3]

Editor’s Notes —

Former §37-3-27 provided for duties of the director of division of vocational rehabilitation. For present similar provisions, see §37-3-25.

§ 37-3-29. Repealed.

Repealed by Laws, 1986, ch. 434, § 17, eff from and after July 1, 1986 (became law on April 4, 1986, without Governor’s signature).

[Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, § 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3]

Editor’s Notes —

Former §37-3-29 provided for duties of the director of division of junior colleges.

§ 37-3-31. Repealed.

Repealed by Laws, 1982, Ex Sess, ch. 17, § 43, eff from and after July 1, 1984.

[Codes, 1942, § 6245-09; Laws, 1946, ch. 297, § 9]

Editor’s Notes —

Former §37-3-31 assigned additional services to existing divisions and fixed responsibility for proper administration of department of education in the superintendent of public education.

§§ 37-3-33 through 37-3-37. Repealed.

Repealed by Laws, 1986, ch. 434, § 17, eff from and after July 1, 1986 (became law on April 4, 1986, without Governor’s signature).

§37-3-33. [Codes, 1942, § 6248-131; Laws, 1968, ch. 388, § 1]

§37-3-35. [Codes, 1942, § 6248-132; Laws, 1968, ch. 388, § 2]

§37-3-37. [Codes, 1942, § 6248-133; Laws, 1968, ch. 388, § 3; Laws, 1984, ch. 488, § 198]

Editor’s Notes —

Former §37-3-33 provided for general functions of the division of junior colleges, qualifications of director, and selection of personnel.

Former §37-3-35 provided for principal functions of the division of junior colleges.

Former §37-3-37 provided for specific responsibilities of the director of division of junior colleges.

§ 37-3-39. Custody and disbursement of funds of department.

The state treasurer is hereby designated and appointed custodian of all funds made available to the state department of education other than such funds as may be appropriated by the legislature, and he is hereby authorized to receive and to provide for the proper custody of the same. All such funds shall be disbursed by the treasurer on warrants drawn therefor by the state auditor on requisitions of the state superintendent of public education.

HISTORY: Codes, 1942, § 6245-10; Laws, 1946, ch. 297, § 10.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Designation of state treasurer as sole agent to receive and disburse certain funds to be expended under the direction of state officials or agencies for benefit of state, see §7-9-23.

General duties of state superintendent of education, see §37-3-11.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 120, 122.

CJS.

78 C.J.S., Schools and School Districts §§ 9 et seq.

§ 37-3-41. Repealed.

Repealed by Laws, 1983, ch. 469, § 10, eff from and after July 1, 1983.

[Codes, 1930, § 6558; 1942, § 6245-12; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, § 12]

Editor’s Notes —

Former §37-3-41 prohibited interests of officers and members of department in any outside author, publisher, bookseller, or seller of school apparatus or furniture.

§ 37-3-43. Repealed.

Repealed by Laws, 1986, ch. 500, § 55, eff from and after July 1, 1986.

[Laws, 1975, ch. 310, § 1]

Editor’s Notes —

Former §37-3-43 set forth the legislature’s declaration of purpose with respect to a state program of educational accountability and assessment of performance. For present similar provisions, see §37-3-46.

§ 37-3-46. Assistance to certain local schools or school districts to establish program of educational accountability and assessment of performance; personnel appraisal and compensation system for school employees; programs to prevent dropouts.

  1. The State Department of Education, in regard to any school within a school district or any school district not meeting adequate performance of accreditation standards, as defined by the State Board of Education, shall, subject to appropriation:
    1. Provide to local school districts, or specific schools within those districts, financial, training and other assistance to implement and maintain a state program of educational accountability and assessment of performance.
    2. Provide to local school districts, or specific schools within those districts, technical assistance and training in the development, implementation and administration of a personnel appraisal and compensation system for all school employees.
    3. Provide to local school districts, or specific schools within those districts, technical assistance in the development, implementation and administration of programs designed to keep children in school voluntarily and to prevent dropouts.
  2. Schools or school districts receiving assistance from the State Department of Education as outlined in subsection (1) of this section shall be required to implement any training, programs, and any other requirements as specified by the State Superintendent of Public Education.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 8; Laws, 2006, ch. 417, § 5; Laws, 2009, ch. 345, § 4; Laws, 2009, ch. 445, § 1; Laws, 2009, ch. 516, § 6; Laws, 2010, ch. 488, § 1; Laws, 2013, ch. 497, § 43, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Section 1 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), amended this section. Section 4 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), and Section 6 of ch. 516, Laws of 2009, effective from and after passage (approved April 8, 2009), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 1990, Chapter 588, § 19, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the amendatory provisions have not implemented. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, a statutory reference in (2) was changed by substituting “subsection (1) of this section” for “Section 37-3-46(1).”

Laws of 2009, ch. 516 § 1 provides:

“SECTION 1. This act shall be entitled and may be cited as the “Children First Act of 2009.”

Amendment Notes —

The 2006 amendment rewrote the introductory paragraph; and deleted the former last sentence in (b), which read: “The state board of education shall report to the legislature on January 5, 1986, with recommendations based upon the personnel appraisal and compensation system developed under this subsection.”

The first 2009 amendment (ch 345), reenacted this section without change.

The second 2009 amendment (ch. 445) reenacted and amended the section by adding (2), adding the subsection designation “(1),” and in the introductory language of (1), substituting “adequate performance of accreditation standards” for “Level 4 or 5 accreditation standards,” adding “subject to appropriation” at the end, and making a minor stylistic change.

The third 2009 amendment (ch. 516), added (2); added the subsection designation “(1)”; and in the introductory language of (1), substituted “adequate performance of accreditation standards” for “Level 4 or 5 accreditation standards,” added “subject to appropriation” at the end, and made a minor stylistic change.

The 2010 amendment, in the introductory paragraph in (1), substituted “school or school district” for “district”; in (1)(a) through (1)(c), inserted “schools or”; and in (2), substituted “Schools or school districts” for “districts.”

The 2013 amendment, in (1), substituted “school within a school district or any school district” for “school or school district”; and substituted “school districts, or specific schools within those districts” for “schools or school districts” in (1)(a) through (c).

Cross References —

State department of education providing an instructional program and management system to local school districts as part of the state program of educational accountability and assessment of performance as prescribed in this section, see §37-3-49.

Exemption from the provisions of this section for school districts meeting Level 4 or 5 accreditation standards, see §37-17-12.

RESEARCH REFERENCES

Law Reviews.

The Legal Status of Functional Literacy Examinations. 58 Miss. L. J. 305, Fall 1988.

§ 37-3-47. Repealed.

Repealed by Laws, 1986, ch. 500, § 55, eff from and after July 1, 1986.

[Laws, 1975, ch. 310, § 3]

Editor’s Notes —

Former §37-3-47 set forth the duties of school boards with respect to a state program of educational accountability and assessment of performance.

§ 37-3-48. Repealed.

Repealed by Laws, 1989, ch. 585, § 4, eff April 25, 1989 (became law without the Governor’s signature).

[Laws, 1986, ch. 500, § 54]

Editor’s Notes —

Former §37-3-48 provided guidelines and procedures for managing an instructional program in the public schools.

§ 37-3-49. Adoption by school district of instructional program and management system; paperwork reduction; exemption of certain district.

  1. The State Department of Education shall provide an instructional program and establish guidelines and procedures for managing such program in the public schools within the school districts throughout the state as part of the State Program of Educational Accountability and Assessment of Performance as prescribed in Section 37-3-46. Public school districts may (a) elect to adopt the instructional program and management system provided by the State Department of Education, or (b) elect to adopt an instructional program and management system which meets or exceeds criteria established by the State Department of Education for such. This provision shall begin with the courses taught in Grades K-8 which contain skills tested through the Mississippi Basic Skills Assessment Program and shall proceed through all secondary school courses mandated for graduation and all secondary school courses in the Mississippi end-of-course testing program. Other state core objectives must be included in the district’s instructional program as they are provided by the State Department of Education along with instructional practices, resources, evaluation items and management procedures. Districts are encouraged to adapt this program and accompanying procedures to all other instructional areas. The department shall provide that such program and guidelines, or a program and guidelines developed by a local school district which incorporates the core objectives from the curriculum structure are enforced through the performance-based accreditation system. It is the intent of the Legislature that every effort be made to protect the instructional time in the classroom and reduce the amount of paperwork which must be completed by teachers. The State Department of Education shall take steps to insure that school districts properly use staff development time to work on the districts’ instructional management plans.
  2. The State Department of Education shall provide such instructional program and management guidelines which shall require for every public school district that:
    1. All courses taught in Grades K-8 which contain skills which are tested through the Mississippi Basic Skills Assessment Program, all secondary school courses mandated for graduation, and all courses in the end-of-course testing program shall include the State Department of Education’s written list of learning objectives.
    2. The local school board must adopt the objectives that will form the core curriculum which will be systematically delivered throughout the district.
    3. The set of objectives provided by the State Department of Education must be accompanied by suggested instructional practices and resources that would help teachers organize instruction so as to promote student learning of the objectives. Objectives added by the school district must also be accompanied by suggested instructional practices and resources that would help teachers organize instruction. The instructional practices and resources that are identified are to be used as suggestions and not as requirements that teachers must follow. The goal of the program is to have students to achieve the desired objective and not to limit teachers in the way they teach.
    4. Standards for student performance must be established for each core objective in the local program and those standards establish the district’s definition of mastery for each objective.
    5. There shall be an annual review of student performance in the instructional program against locally established standards. When weaknesses exist in the local instructional program, the district shall take action to improve student performance.
  3. The State Board of Education and the board of trustees of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.
  4. This section shall not be construed to limit teachers from using their own professional skills to help students master instructional objectives, nor shall it be construed as a call for more detailed or complex lesson plans or any increase in testing at the local school district level.
  5. Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (2) of this section.

HISTORY: Laws, 1988, ch. 487, § 14; Laws, 1991, ch. 423, § 1; Laws, 1992, ch. 519, § 4; Laws, 2006, ch. 417, § 6; reenacted without changee, Laws, 2009, ch. 345, § 5; reenacted and amended, Laws, 2009, ch. 445, § 4; Laws, 2013, ch. 497, § 44, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Section 4 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), amended this section. Section 5 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), also amended this section. As set out above, this section reflects the language of Section 4 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Amendment Notes —

The 2006 amendment rewrote (5).

The first 2009 amendment (ch. 345) reenacted this section without change.

The second 2009 amendment (ch. 445) reenacted and amended the section by substituting “the highest levels of” for “Level 4 or 5” in (5).

The 2013 amendment inserted “within the school districts throughout the state” preceding “as part of the State Program of Educational” in the first sentence of (1).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education authorized to establish office of career education, see §37-13-58.

Exemption from the provisions of subsection (2) of this section for school districts meeting Level 4 or 5 accreditation standards, see §37-17-12.

§ 37-3-51. Notification of Department of Education of conviction of licensed person of certain felonies or sex offenses.

  1. Upon the conviction of any licensed personnel, as defined in Section 37-9-1, employed by a public school district or any person employed by a charter or private elementary or secondary school in a position that requires licensure in the public school districts, of any felony, or of a sex offense as defined in subsection (2) of this section, the district attorney or other prosecuting attorney shall identify those defendants for the circuit clerk. Each circuit clerk shall provide the State Department of Education with notice of the conviction of any such personnel of a felony or a sex offense. In addition, if the convicted person is an employee of a charter school, the circuit clerk must provide the same notice to the Mississippi Charter School Authorizer Board.
  2. “Sex offense” shall mean any of the following offenses:
    1. Section 97-3-65, Mississippi Code of 1972, relating to the carnal knowledge of a child under fourteen (14) years of age;
    2. Section 97-3-95, Mississippi Code of 1972, relating to sexual battery;
    3. Section 97-5-21, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18);
    4. Section 97-5-23, Mississippi Code of 1972, relating to the touching of a child for lustful purposes;
    5. Section 97-5-27, Mississippi Code of 1972, relating to the dissemination of sexually oriented material to children;
    6. Section 97-5-33, Mississippi Code of 1972, relating to the exploitation of children;
    7. Section 97-5-41, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner;
    8. Section 97-29-59, Mississippi Code of 1972, relating to unnatural intercourse; or
    9. Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
  3. In addition, the State Department of Education is considered to be the employer of such personnel for purposes of requesting criminal record background checks.

HISTORY: Laws, 1991, ch. 448, § 1; Laws, 2000, ch. 499, § 24; Laws, 2013, ch. 497, § 45, eff from and after July 1, 2013.

Editor’s Notes —

Section97-5-21 referred to in (2)(c) was repealed by Laws of 1998, ch. 549, § 7, eff from and after July 1, 1998. See now §§97-3-65,97-3-95,97-5-23, and97-3-101.

Amendment Notes —

The 2000 amendment substituted “a criminal record background checks” for “sex offense criminal history record information pursuant to Sections 45-31-1 through 45-31-19” in (3).

The 2013 amendment in (1), substituted “37-9-1, employed by a public school district or any person employed by a charter or private elementary or secondary school in a position that requires licensure in the public school districts” for “37-19-7, employed by a public or private elementary or secondary school” in the first sentence; and added the last sentence; and made a minor stylistic change in (3).

Cross References —

Mississippi Sex Offenders Registration Law, see §§45-33-21 et seq.

Mississippi Charter School Authorizer Board, generally, see §§37-28-1 et seq.

Applicability of this section to charter schools, see §37-28-45.

§ 37-3-53. “Mississippi Report Card” on performance of students, public schools and charter schools.

    1. Each school year, the State Board of Education, acting through the Office of Educational Accountability, shall develop a public school reporting system, or “Mississippi Report Card,” on the performance of students and public schools, including charter schools, at the local, district and state level. In developing the report card, the Office of Educational Accountability shall collect school, district and state level student achievement data in the appropriate grades as designated by the State Board of Education in all core subjects, and compare the data with national standards to identify students’ strengths and weaknesses. The Mississippi Report Card shall provide more than reports to parents on the level at which their children are performing; the report shall provide clear and comparable public information on the level at which schools, school districts and the state public education system are performing. The Office of Educational Accountability shall encourage local school districts and the general public to use Mississippi Report Card information along with local individual student data to assess the quality of instructional programs and the performance of schools and to plan and implement programs of instructional improvement.
    2. Beginning with the 1998-1999 school year, the Mississippi Report Card shall include information, as compiled by the Office of Compulsory School Attendance Enforcement, which demonstrates clearly the absenteeism and dropout rates in each school district, charter school and the state as a whole and whether those rates reflect a positive or negative change from the same information as reported in the previous year’s Mississippi Report Card.
    3. Each local school district shall be required to develop and publish an annual report as prescribed by the State Board of Education. By November 1 of each year, as prescribed by the State Board of Education, the report shall be published in a newspaper having general circulation in the county and posted on the school district’s website in a printable format. The public notice shall include information on the report’s availability on the district’s website, with the website address, and the location(s) in the school district where a copy of the report can be obtained.
  2. The State Department of Education may benefit from the use of performance data from the Mississippi Report Card in making evaluations under Section 37-19-9.

HISTORY: Laws, 1992, ch. 419, § 14; Laws, 1994, ch. 581, § 9; Laws, 1998, ch. 566, § 8; Laws, 2011, ch. 442, § 4; Laws, 2013, ch. 494, § 5; Laws, 2013, ch. 497, § 46, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Section 5 of ch. 494, Laws of 2013, effective from and after July 1, 2013 (approved April 18, 2013), amended this section. Section 46 of ch. 497, Laws of 2013, effective from and after July 1, 2013 (approved April 17, 2013), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Joint Committee.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Laws of 2013, ch. 494, § 1, provide:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Education Works Program.’ ”

Chapter 494, Laws of 2013, amended Sections 37-3-53, 37-16-7, 37-18-1 and 37-19-7 and enacted Sections 37-19-9 and 37-106-37.

Amendment Notes —

The 2011 amendment added the last paragraph.

The 2013 amendment (ch. 494), inserted subsection designations and added (2).

The 2013 amendment (ch. 497), substituted “students and public schools, ‘including charter schools” for “students and schools” in the first sentence of the first paragraph; substituted “charter schools and the state ‘as a whole” for “and the state” in the first sentence of the second paragraph.

Cross References —

State agencies and public officials providing information about the agency or office to the public on a website are required to regularly review and update that information, see §25-1-117.

State Board of Education generally, see §§37-1-1 et seq.

Applicability of provisions of this section to charter schools, see §37-28-45.

Establishment of Office of Educational Accountability, see §37-151-9.

Task force to study and report on failing schools, see §37-152-3.

§ 37-3-55. Repealed.

Repealed by its own terms by Laws, 1992, ch. 419, § 16, eff from and after July 1, 1997.

[Laws, 1992, ch. 419, § 16, eff from and after July 1, 1992, and shall stand repealed from and after July 1, 1997]

Editor’s Notes —

Former §37-3-55 related to a student advancement pilot program for requiring uniform school terms for Grades 1 through 8.

§ 37-3-57. Repealed.

Repealed by its own terms by Laws, 1994, ch. 381, § 1, eff from and after July 1, 1996.

[Laws, 1992, ch. 419, § 17; Laws, 1994, ch. 381, § 1, eff from and after July 1, 1996]

Editor’s Notes —

Former §37-3-57 related to pilot program for removing grade level designations for Grades 1 through 3.

§ 37-3-59. Summer kindergarten program for Grade 1 readiness; summer developmental program for Grades 1 through Grade 8.

  1. The school boards of all school districts are authorized to establish, maintain and operate, in connection with the kindergarten program of said district, a summer kindergarten program for Grade 1 readiness for those pupils making unsatisfactory progress during the regular kindergarten session. Said summer kindergarten program may be held within such school district or may be operated by two (2) or more adjacent school districts, or may be operated by a community/junior college or by a public or private university or college, pursuant to a contract approved by the State Board of Education. Transportation for students attending the summer kindergarten program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such summer kindergarten program may be paid from funds contributed or otherwise made available to the school district for such purpose from state appropriation, or otherwise, or from local district maintenance funds.
  2. The school boards of all school districts are authorized to establish, maintain and operate a summer developmental program for those students making unsatisfactory progress in Grades 1, 2, 3, 4, 5 or 6, during the first two (2) semesters. Such summer programs shall be open to those students who are not required to attend summer classes, but have had difficulty in the first two (2) trimesters, and shall be open to those students who desire enrichment. Said summer developmental programs may be held within such school district or may be operated by two (2) or more adjacent school districts, or may be operated by a community/junior college or by a public or private university or college, pursuant to a contract approved by the State Board of Education. Transportation for students required to attend the summer program for Grades 1-6 shall be the responsibility of the local school district(s). The expense of establishing, maintaining and operating such summer program may be paid from funds contributed or made available to the school district for such purpose from state appropriation, or otherwise, or from local district maintenance funds.
  3. The school boards of all school districts are authorized to establish, maintain and operate a summer developmental program for those students making unsatisfactory progress in core curriculum courses in Grades 7 and 8, during the preceding school year. Said summer developmental programs may be held within such school district or may be operated by two (2) or more adjacent school districts, or may be operated by a community/junior college or by a public or private university or college, pursuant to a contract approved by the State Board of Education. Transportation for students required to attend the summer program for Grades 7 and 8 shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such summer program may be paid from funds contributed or made available to the school district for such purpose from state appropriation, or otherwise, or from local district maintenance funds.

HISTORY: Laws, 1992, ch. 419, § 18, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

§ 37-3-61. Alliance for Families programs; authorization; objectives.

The State Board of Education may provide for the establishment of an Alliance for Families program for the purpose of mobilizing public and parental support for education and to strengthen communication between the school, student and parents. The program’s goal shall be to increase student success in Mississippi public school districts, K-12, by generating focused, effective parent involvement. The objectives of the program shall be as follows:

To engage parents in supporting the schools and their children’s education.

To implement effective home-school communication systems which allow parents to be kept well informed about the school and their children’s progress.

To train school administrators on successful strategies for involving parents both at home and at school and in developing community support for the schools.

To train teachers on successful strategies for communicating with parents and teaching parents to reinforce skills being learned at school.

To promote reading as the key curricular activity for parental focus.

To involve the business, medical and religious communities in supporting the schools through direct assistance, and to develop positive public relations for the schools in the community.

Publication of a resource manual to assist schools and school districts in implementation of Alliance for Families program.

HISTORY: Laws, 1992, ch. 419, § 19; Laws, 2013, ch. 497, § 47, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2013 amendment substituted “public school districts” for “public schools” in the first paragraph.

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

State Board of Education generally, see §§37-1-1 et seq.

§ 37-3-63. Alliance for Families program; procedure for establishment.

The procedure for establishing an Alliance for Families program in a district shall include, but shall not be limited to, the following:

A district assessment which shall include an assessment of school personnel, levels of parent and community support, and the student population; research on school district demographics, attitudes, test scores and the need for parent involvement. Contact shall be made with key persons and school officials in each district and meetings held.

A recommendation for a district Alliance for Families program shall be developed which responds to the school district’s needs. The plan shall include the district’s goals and objectives for implementation of its Alliance for Families program.

A project coordinator shall be assigned to school districts based on student population and need, except that each school district shall have one (1) assigned coordinator. The role of the district coordinator shall be to provide support for the project and to ensure continuity of the program. Included in the district coordinator’s responsibilities shall be visits to school sites, and meetings with principals, teachers and parents to offer assistance with implementation of the program.

HISTORY: Laws, 1992, ch. 419, § 20, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

§ 37-3-65. Alliance for Families program; purpose.

It shall be the purpose of the Alliance for Families program to provide on a district level:

Enhanced communication with participating principals and teachers;

A parent involvement plan tailored to each school’s needs;

Assistance with the support and strategies necessary for successful program implementation;

Support and assistance in other areas as needed to enhance school-wide effectiveness.

HISTORY: Laws, 1992, ch. 419, § 21, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

§ 37-3-67. Alliance for Families program; components.

Components of the Alliance for Families program shall include, but shall not be limited to:

A signed parent pledge to assist with identification of ways to improve their child’s performance;

Folder/notebook that is sent home periodically, but not less than once per month, for parent’s signature;

Emphasis on “back to school night” or other family-oriented programs is key parent education events and as a beginning of establishing a partnership with the home;

Reading focus programs which require home reading programs;

Teacher, principal and parent training on how to participate most effectively in the program;

Newsletters to parents on school programs, classroom curriculum, and how parents can reinforce what their child is learning;

Home survey to assess parents’ perceptions about communication, school programs and learning strategies for the home;

Parent/teacher conferences which involve training parents and teachers in effective conferencing strategies and cooperative methods to achieve student success.

HISTORY: Laws, 1992, ch. 419, § 22, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

§ 37-3-69. Alliance for Families program; measurement of success.

The success of the Alliance for Families program shall be measured in terms of progress on test scores, increase in participation of school events, increase in numbers of persons/school districts participating in the program, and other appropriate measures.

HISTORY: Laws, 1992, ch. 419, § 23, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

§ 37-3-71. Alliance for Families program; participation by students and school districts; evaluation and report by State Board of Education.

All students in all school districts are eligible to participate in the Alliance for Families program. The number of school districts that may participate shall be determined by the amount of funding. The State Board of Education shall evaluate the Alliance for Families program in participating school districts and shall report to the Legislature and the Governor on or before August 1, 1993, identifying exemplary programs and making recommendations regarding methods and criteria for funding such programs.

HISTORY: Laws, 1992, ch. 419, § 24, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

Program specified in this section to be funded by state; local funding of program not exempt from tax increase limitations; and program not mandatory, see §37-3-77.

§ 37-3-73. Rewarding of parents for involvement in school improvement; parent of year awards.

The State Board of Education shall establish an awards program to reward parents for becoming involved in school improvement efforts. A process shall be established which shall include, but not be limited to, the designation of a parent of the year in every school district in the state and the designation of one (1) “Parent of the Year” statewide.

HISTORY: Laws, 1992, ch. 419, § 25, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

§ 37-3-75. Awards for exemplary performing public schools and school programs.

The State Board of Education shall establish and design a program of awards for exemplary performing public schools. The purpose of the awards program shall be to stimulate innovation and improvement in student achievement through the provision of awards to schools.

The board shall establish criteria and guidelines for making awards to exemplary performing public schools.

The board, in conjunction with the Governor, shall reward schools for exemplary performance and bring best practices to the attention of other schools. The awards shall include public recognition by the board and the Governor and the awarding of plaques, certificates, etc. for schools that perform well. The board shall have flexibility to recognize not only entire schools but also to recognize exemplary programs within a school.

HISTORY: Laws, 1992, ch. 419, § 26, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

§ 37-3-77. State funding of programs provided for in §§ 37-3-55 through 37-3-71; expenditure of local funds for specified programs; implementation of specified programs deemed discretionary.

  1. It is the intention of the Legislature that local school districts shall bear no cost of implementing any of the provisions of this act contained in Sections 37-3-55 through 37-3-71 [See Editor’s Note below]. Any monetary mandates resulting from the passage of these sections shall be contingent solely upon full funding by the State of Mississippi.
  2. In the event the school board of any school district shall choose, in its discretion, to expend local funds for the implementation of Sections 37-3-55 through 37-3-71, it is the intent of the Legislature that these expenditures shall not be considered funds expended for the purpose of implementing a “new program” mandated by the Legislature and any such funds shall not be generated from any taxes levied as an exemption from the tax increase limitation provisions prescribed in Sections 27-39-321 and 37-57-107.
  3. No state officer or state agency, authorized to issue official opinions interpreting the laws of this state, shall issue any opinions stating that the educational programs prescribed under the provisions of Sections 37-3-55 through 37-3-71, are mandatory. It is the intent of the Legislature in enacting such measures that these educational programs shall be discretionary as decided by local school boards.

HISTORY: Laws, 1992, ch. 419, § 29, eff from and after July 1, 1992.

Editor’s Notes —

Section 37-3-55 referred to in this section was repealed by Laws of 1992, ch. 419, § 16, eff from and after July 1, 1997.

Section 37-3-57, referred to in this section, was repealed by Laws of 1994, ch. 381, § 1, effective from and after July 1, 1996.

Reference to “this act” in subsection (1) of this section refers to Laws of 1992, ch. 419. For a complete list of code sections affected by Laws of 1992, ch. 419, see the Statutory Tables Volume, Table B, Acts of Legislature for 1992.

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

§ 37-3-79. Curriculum Coordinator of Music and Art Education.

The State Department of Education shall employ a Curriculum Coordinator of Music and Art Education who holds certification as a music and/or art teacher. The supervisor’s responsibilities shall include the oversight of the elementary music/art programs as well as secondary programs.

HISTORY: Laws, 1994, ch. 409, § 1, eff from and after July 1, 1994.

§ 37-3-81. School Safety Center.

The Department of Education, using only existing staff and resources, shall establish and maintain a School Safety Center, which shall operate a statewide information clearinghouse that: (a) provides assistance to school districts and communities during school crises; and (b) provides technical assistance, training and current resources to public school officials and parents who need assistance in researching, developing and implementing school safety plans and in maintaining a safe school environment. However, no monies from the Temporary Assistance for Needy Families grant may be used for the School Safety Center.

HISTORY: Laws, 1994, ch. 607, § 10; Laws, 2001, ch. 486, § 2, eff from and after July 1, 2001.

Editor’s Notes —

Laws of 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2001 amendment rewrote the section.

Cross References —

Temporary Assistance to Needy Families Program, see §§43-17-1 et seq.

§ 37-3-82. Mississippi Community Oriented Policing Services in Schools grant program established; purpose; use of funds [Effective until July 1, 2019].

  1. There is hereby established the Mississippi Community Oriented Policing Services in Schools (MCOPS) grant program in the State Department of Education to provide funding, pursuant to specific appropriation by the Legislature therefor, to assist law enforcement agencies in providing additional School Resource Officers to engage in community policing in and around primary and secondary schools. The MCOPS program shall authorize the State Department of Education to make grants to increase deployment of law enforcement officers in order (a) to increase or enhance community policing in this state, (b) that trained, sworn enforcement officers assigned to schools play an integral part in the development and/or enhancement of a comprehensive school safety plan, and (c) that the presence of these officers shall provide schools with a direct link to local law enforcement agencies.
  2. The MCOPS program shall meet the following requirements and standards:
    1. This program shall provide an incentive for law enforcement agencies to build collaborative partnerships with the school community and to use community policing efforts to combat school violence and implement educational programs to improve student and school safety.
    2. The additional School Resource Officers must devote at least seventy-five percent (75%) of their time to work in and around primary and secondary schools, in addition to the time that School Resource Officers are devoting in the absence of the MCOPS in Schools grant.
    3. The MCOPS in Schools program shall provide a maximum state contribution of up to Ten Thousand Dollars ($10,000.00) per officer position over the one-year grant period, to be matched from local funds on a 50/50 matching basis. Officers paid with MCOPS funds may be employed by the local law enforcement agency or by the local school district. MCOPS funds may be used to pay for entry-level salaries and benefits of newly trained additional School Resource Officers and may be used to pay the salaries and benefits of School Resource Officers employed prior to July 1, 2013. All jurisdictions that apply must demonstrate that they have primary law enforcement authority over the school(s) identified in their application and demonstrate their inability to implement this project without state assistance. Schools or law enforcement agencies may not reduce its overall federal, state, locally funded level of sworn officers (including other School Resource Officers or other sworn officers assigned to the schools) as a result of applying for or receiving MCOPS in Schools grant funding. MCOPS in Schools funding may be used to rehire sworn officers previously employed who have been laid off for financial reasons unrelated to the availability of the MCOPS in Schools grant, but must obtain prior written approval from the State Department of Education.
      1. School Resource Officers (SROs) may serve in a variety of roles, including, but not limited to, that of a law enforcement officer/safety specialist, law-related educator, and problem-solver/community liaison. These officers may teach programs such as crime prevention, substance abuse prevention, and gang resistance as well as monitor and assist troubled students through mentoring programs. The School Resource Officer(s) may also identify physical changes in the environment that may reduce crime in and around the schools, as well as assist in developing school policies which address criminal activity and school safety. The application must also include a Memorandum of Understanding (MOU), signed by the law enforcement executive and the appropriate school official(s), to document the roles and responsibilities to be undertaken by the law enforcement agency and the educational school partner(s) through this collaborative effort. The application must also include a Narrative Addendum to document that the School Resource Officer(s) will be assigned to work in and around primary or secondary schools and provide supporting documentation in the following areas: problem identification and justification, community policing strategies to be used by the officers, quality and level of commitment to the effort, and the link to community policing.
      2. All agencies receiving awards through the MCOPS in Schools program are required to send the School Resource Officer position(s) funded by this grant, to the Mississippi Law Enforcement Officers’ Training Academy where they shall be required to participate in training through the Advanced Law Enforcement Rapid Response Training Program at the academy, with the cost to be defrayed from the MCOPS program. The MCOPS Office of the State Department of Education will reimburse grantees for training, per diem, travel, and lodging costs for attendance of required participants up to a maximum of One Thousand Two Hundred Dollars ($1,200.00) per person attending. Applicants receiving an MCOPS in Schools grant, will receive additional training information following notification of the grant award. The MCOPS in Schools training requirement must be completed prior to the end of twelve-month grant funding for officer positions.
  3. The State Department of Education shall promulgate rules and regulations prescribing procedures for the application, expenditure requirements and the administration of the Mississippi Community Oriented Policing Services in Schools (MCOPS) program established in this section, and shall make a report on the implementation of the MCOPS program with any recommendations to the 2014 Regular Session of the Legislature.

HISTORY: Laws, 2013, ch. 546, § 1, eff from and after July 1, 2013.

§ 37-3-82. Mississippi Community Oriented Policing Services in Schools grant program established; purpose; use of funds [Effective July 1, 2019].

  1. There is hereby established the Mississippi Community Oriented Policing Services in Schools (MCOPS) grant program in the State Department of Education to provide funding, pursuant to specific appropriation by the Legislature therefor, to assist law enforcement agencies in providing additional School Resource Officers to engage in community policing in and around primary and secondary schools. The MCOPS program shall authorize the State Department of Education to make grants to increase deployment of law enforcement officers in order (a) to increase or enhance community policing in this state, (b) that trained, sworn enforcement officers assigned to schools play an integral part in the development and/or enhancement of a comprehensive school safety plan, and (c) that the presence of these officers shall provide schools with a direct link to local law enforcement agencies.
  2. The MCOPS program shall meet the following requirements and standards:
    1. This program shall provide an incentive for law enforcement agencies to build collaborative partnerships with the school community and to use community policing efforts to combat school violence and implement educational programs to improve student and school safety.
    2. The additional School Resource Officers must devote at least seventy-five percent (75%) of their time to work in and around primary and secondary schools, in addition to the time that School Resource Officers are devoting in the absence of the MCOPS in Schools grant.
    3. Beginning with the 2019-2020 school year, the MCOPS in Schools program shall provide a minimum state contribution of up to Ten Thousand Dollars ($10,000.00) per officer position over the one-year grant period, to be matched from local funds on a 50/50 matching basis. Officers paid with MCOPS funds may be employed by the local law enforcement agency or by the local school district. MCOPS funds may be used to pay for entry-level salaries and benefits of newly trained additional School Resource Officers and may be used to pay the salaries and benefits of School Resource Officers employed prior to July 1, 2013. All jurisdictions that apply must demonstrate that they have primary law enforcement authority over the school(s) identified in their application and demonstrate their inability to implement this project without state assistance. Schools or law enforcement agencies may not reduce its overall federal, state, locally funded level of sworn officers (including other School Resource Officers or other sworn officers assigned to the schools) as a result of applying for or receiving MCOPS in Schools grant funding. MCOPS in Schools funding may be used to rehire sworn officers previously employed who have been laid off for financial reasons unrelated to the availability of the MCOPS in Schools grant, but must obtain prior written approval from the State Department of Education. MCOPS in Schools funding may be used to train school resource officers. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for School Resource Officer funding.

      ( d) School Resource Officers (SROs) may serve in a variety of roles, including, but not limited to, that of a law enforcement officer/safety specialist, law-related educator, and problem-solver/community liaison. These officers may teach programs such as crime prevention, substance abuse prevention, and gang resistance as well as monitor and assist troubled students through mentoring programs. The School Resource Officer(s) may also identify physical changes in the environment that may reduce crime in and around the schools, as well as assist in developing school policies which address criminal activity and school safety.

      The application must also include a Memorandum of Understanding (MOU), signed by the law enforcement executive and the appropriate school official(s), to document the roles and responsibilities to be undertaken by the law enforcement agency and the educational school partner(s) through this collaborative effort. The application must also include a Narrative Addendum to document that the School Resource Officer(s) will be assigned to work in and around primary or secondary schools and provide supporting documentation in the following areas: problem identification and justification, community policing strategies to be used by the officers, quality and level of commitment to the effort, and the link to community policing.

      ( e) All agencies receiving awards through the MCOPS in Schools program are required to send the School Resource Officer position(s) funded by this grant, to the Mississippi Law Enforcement Officers’ Training Academy where they shall be required to participate in training through the Advanced Law Enforcement Rapid Response Training Program at the academy, with the cost to be defrayed from the MCOPS program. The MCOPS Office of the State Department of Education will reimburse grantees for training, per diem, travel, and lodging costs for attendance of required participants up to a maximum of One Thousand Two Hundred Dollars ($1,200.00) per person attending. Applicants receiving an MCOPS in Schools grant, will receive additional training information following notification of the grant award. The MCOPS in Schools training requirement must be completed prior to the end of twelve-month grant funding for officer positions.

  3. The State Department of Education shall promulgate rules and regulations prescribing procedures for the application, expenditure requirements and the administration of the Mississippi Community Oriented Policing Services in Schools (MCOPS) program established in this section, and shall make a report on the implementation of the MCOPS program with any recommendations to the 2020 Regular Session of the Legislature.

HISTORY: Laws, 2013, ch. 546, § 1, eff from and after July 1, 2013; Laws, 2019, ch. 427, § 7, eff from and after July 1, 2019.

§ 37-3-82.1. Schools unable to meet financial requirements for participation in MCOPS program authorized to develop alternative plans for student security.

In the event that a public school district is unable to participate in the MCOPS program due to the district’s inability to meet the necessary financial requirements of the local fund match, the local school board of that school district may develop a plan for the security of its students, faculty and administration, which must be approved by the State Board of Education and the Mississippi Department of Public Safety prior to its implementation. The local school board may still apply for grants under the MCOPS program for training of security personnel employed by the school district.

HISTORY: Laws, 2013, ch. 546, § 2, eff from and after July 1, 2013.

§ 37-3-83. School Safety Grant Program; implementation of “Erin’s Law Awareness” policy addressing sexual abuse of children [Effective until July 1, 2019].

  1. There is established within the State Department of Education, using only existing staff and resources, a School Safety Grant Program, available to all eligible public school districts, to assist in financing programs to provide school safety. However, no monies from the Temporary Assistance for Needy Families grant may be used for the School Safety Grant Program.
  2. The school board of each school district, with the assistance of the State Department of Education School Safety Center, shall adopt a comprehensive local school district school safety plan and shall update the plan on an annual basis.
  3. Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to the most current school district school safety plan:
    1. Metal detectors;
    2. Video surveillance cameras, communications equipment and monitoring equipment for classrooms, school buildings, school grounds and school buses;
    3. Crisis management/action teams responding to school violence;
    4. Violence prevention training, conflict resolution training, and other appropriate training designated by the State Department of Education for faculty and staff; and
    5. School safety personnel.
  4. Each local school district of this state may annually apply for school safety grant funds subject to appropriations by the Legislature. School safety grants shall include a base grant amount plus an additional amount per student in average daily attendance in the school or school district. The base grant amount and amount per student shall be determined by the State Board of Education, subject to specific appropriation therefor by the Legislature. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department, and shall be required to establish a local School Safety Task Force to involve members of the community in the school safety effort. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for school safety grants.
  5. As part of the School Safety Grant Program, the State Department of Education may conduct a pilot program to research the feasibility of using video camera equipment in the classroom to address the following:
    1. Determine if video cameras in the classroom reduce student disciplinary problems;
    2. Enable teachers to present clear and convincing evidence of a student’s disruptive behavior to the student, the principal, the superintendent and the student’s parents; and
    3. Enable teachers to review teaching performance and receive diagnostic feedback for developmental purposes.
  6. Any local school district may use audio/visual-monitoring equipment in classrooms, hallways, buildings, grounds and buses for the purpose of monitoring school disciplinary problems.
  7. As a component of the comprehensive local school district school safety plan required under subsection (2) of this section, the school board of a school district may adopt and implement a policy addressing sexual abuse of children, to be known as “Erin’s Law Awareness.” Any policy adopted under this subsection may include or address, but need not be limited to, the following:
    1. Methods for increasing teacher, student and parental awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;
    2. Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;
    3. Training for school personnel on child sexual abuse;
    4. Age-appropriate curriculum for students in prekindergarten through fifth grade;
    5. Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;
    6. Counseling and resources available for students affected by sexual abuse; and
    7. Emotional and educational support for a child who has been abused to enable the child to be successful in school.

HISTORY: Laws, 1994, ch. 607, § 11; Laws, 1997, ch. 525, § 1; Laws, 2001, ch. 486, § 3; Laws, 2011, ch. 442, § 10; Laws, 2014, ch. 491, § 11, eff from and after passage (approved April 15, 2014).

Editor’s Notes —

Laws of 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2001 amendment rewrote the section.

The 2011 amendment deleted former (7), which read: “The State Department of Education shall report annually to the Chairmen of the Education Committees in the House of Representatives and Senate on the operation of the School Safety Center and the School Safety Grant Program, along with any recommendations for expansion or revision of the program.”

The 2014 amendment added (7).

Cross References —

School Safety Center established, see §37-3-81.

Exemption of certain school safety plan documents containing preventive services listed in this section from Mississippi Public Records Act of 1983, see §37-11-51.

§ 37-3-83. School Safety Grant Program; implementation of “Erin’s Law Awareness” policy addressing sexual abuse of children [Effective July 1, 2019].

  1. There is established within the State Department of Education, using only existing staff and resources, a School Safety Grant Program, available to all eligible public school districts, to assist in financing programs to provide school safety. However, no monies from the Temporary Assistance for Needy Families grant may be used for the School Safety Grant Program.
  2. The school board of each school district, with the assistance of the State Department of Education School Safety Center, shall adopt a comprehensive local school district school safety plan and shall update the plan on an annual basis.
  3. Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to the most current school district school safety plan:
    1. Metal detectors;
    2. Video surveillance cameras, communications equipment and monitoring equipment for classrooms, school buildings, school grounds and school buses;
    3. Crisis management/action teams responding to school violence;
    4. Violence prevention training, conflict resolution training, behavioral stress training and other appropriate training designated by the State Department of Education for faculty and staff; and
    5. School safety personnel.
  4. Each local school district of this state may annually apply for school safety grant funds subject to appropriations by the Legislature. School safety grants shall include a base grant amount plus an additional amount per student in average daily attendance in the school or school district. The base grant amount and amount per student shall be determined by the State Board of Education, subject to specific appropriation therefor by the Legislature. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department, and shall be required to establish a local School Safety Task Force to involve members of the community in the school safety effort. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for school safety grants.
  5. As part of the School Safety Grant Program, the State Department of Education may conduct a pilot program to research the feasibility of using video camera equipment in the classroom to address the following:
    1. Determine if video cameras in the classroom reduce student disciplinary problems;
    2. Enable teachers to present clear and convincing evidence of a student’s disruptive behavior to the student, the principal, the superintendent and the student’s parents; and
    3. Enable teachers to review teaching performance and receive diagnostic feedback for developmental purposes.
  6. Any local school district may use audio/visual-monitoring equipment in classrooms, hallways, buildings, grounds and buses for the purpose of monitoring school disciplinary problems.
  7. As a component of the comprehensive local school district school safety plan required under subsection (2) of this section, the school board of a school district may adopt and implement a policy addressing sexual abuse of children, to be known as “Erin’s Law Awareness.” Any policy adopted under this subsection may include or address, but need not be limited to, the following:
    1. Methods for increasing teacher, student and parental awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;
    2. Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;
    3. Training for school personnel on child sexual abuse;
    4. Age-appropriate curriculum for students in prekindergarten through fifth grade;
    5. Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;
    6. Counseling and resources available for students affected by sexual abuse; and
    7. Emotional and educational support for a child who has been abused to enable the child to be successful in school.
  8. As part of the school safety grant program, the State Department of Education shall establish three (3) pilot programs in six (6) school districts utilizing an evidence-based curriculum to provide students in Grades K-5 with skills to manage stress and anxiety in order for them to be better equipped to handle challenges in a healthy way and build resiliency. The Mississippi Department of Mental Health shall be responsible for the selection of the content of the evidence-based curriculum. The results of this pilot program shall be measured and reported, and such results shall be used in consideration of the implementation of this curriculum statewide.
  9. As a component of the comprehensive local school district safety plan required under subsection (2) of this section, beginning in the 2019-2020 school year, the State Department of Education shall require local school districts to conduct, every two (2) years, refresher training on mental health and suicide prevention for all school employees and personnel, including all cafeteria workers, custodians, teachers and administrators. The Mississippi Department of Mental Health shall be responsible for the development and/or selection of the content of the training, which training shall be provided at no cost to school employees. School districts shall report completion of the training to the State Department of Education.

HISTORY: Laws, 1994, ch. 607, § 11; Laws, 1997, ch. 525, § 1; Laws, 2001, ch. 486, § 3; Laws, 2011, ch. 442, § 10; Laws, 2014, ch. 491, § 11, eff from and after passage (approved April 15, 2014); Laws, 2019, ch. 427, § 3, eff from and after July 1, 2019.

§ 37-3-84. Confiscation of illegal firearms; reward.

  1. Each school district in the state may pay a reward not exceeding Five Hundred Dollars ($500.00) to any person who provides information that leads to the confiscation by the school district or a law enforcement agency of any illegal firearm on public school property.
  2. Each school district shall establish a policy necessary to protect the confidentiality of any person who provides such information leading to the confiscation of an illegal firearm under this section.

HISTORY: Laws, 1997, ch. 525, § 2, eff from and after passage (approved April 10, 1997).

§ 37-3-85. After-school mentoring programs.

  1. The Legislature finds that:
    1. Students who are serious behavior problems in school are at risk of becoming juvenile and adult offenders;
    2. Growing numbers of children live in conditions that place them at risk of school failure;
    3. The provision of school and support services to these children and their families by public and nonprofit agencies is fragmented and does not prepare these children to learn effectively and have a successful school experience;
    4. The lack of collaboration among schools, families, local agencies and other groups involved in family support and youth development activities results in the inefficient and ineffective use of resources to meet the needs of these children;
    5. Schools are dedicating an increasing amount of their time and resources to responding to disruptive and violent behavior rather than fulfilling their mission to challenge with high expectations each child to learn, to achieve and to fulfill his or her potential;
    6. Responding to the needs of students who are at risk of school failure and providing for a safe and secure learning environment are cost-effective because it enables the state to substitute preventive measures for expensive crisis intervention; and
    7. Differing local needs and local resources necessitate the development of locally generated, community-based plans that coordinate and leverage existing resources, not the imposition of uniform and inflexible, state-mandated plans.
  2. There is established within the State Department of Education the Support Our Students (S.O.S.) program. The purpose of the program is to award grants to neighborhood- and community-based organizations to establish local S.O.S. programs that provide high quality after-school mentoring activities for school-aged children and provide for comprehensive, collaborative delivery of mentoring services by public and nonpublic agencies to these children. These services shall be designed to enrich and make a positive impact on the lives of school-aged children. These after-school activities may include activities after the regular school day and activities on days that students are not required to attend school.
  3. The goals of the S.O.S. program are to:
    1. Reduce juvenile crime in local communities served by the program;
    2. Recruit community volunteers to provide positive adult role models for school-aged children and to help supervise after-school activities;
    3. Reduce the number of students who are unsupervised after school, otherwise known as “latchkey” children;
    4. Improve the academic performance of students participating in the program;
    5. Meet the physical, intellectual, emotional and social needs of students participating in the program and improve their attitudes and behavior; and
    6. Improve coordination of existing resources and enhance collaboration so as to provide services to school-aged children effectively and efficiently.
  4. As used in this section, “school-aged children” means children enrolled in kindergarten through the ninth grade.
  5. The State Department of Education shall develop and implement the Support Our Students (S.O.S.) program. The department shall:
    1. Sponsor a statewide conference each year for teams of interested representatives to provide background information and assistance regarding all aspects of the program;
    2. Disseminate information regarding the program to interested neighborhood and community groups;
    3. Develop and disseminate a request for applications to establish local S.O.S. programs;
    4. Provide initial technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
    5. Administer funds appropriated by the Legislature;
    6. Monitor the grants funded;
    7. Revoke a grant if necessary or appropriate;
    8. Develop and implement a performance-based evaluation system to evaluate the program;
    9. Report on the program implementation to the Legislature and the Office of the Governor;
    10. Adopt any rules necessary to implement this section.
  6. A community- or neighborhood-based 501(c)(3) entity or a consortium consisting of one or more local 501(c)(3) entities and one or more local school districts may apply for a grant.
  7. Applicants for grants shall submit to the State Department of Education an application that includes the following information:
    1. Identification of one or more neighborhoods to be served by the local S.O.S. program, based on a needs assessment of existing conditions for school-aged children to be served. Data used in the needs assessment may include for each neighborhood to be served by a local program (i) dropout statistics, (ii) the number and percentage of school-aged children who participate in the federal subsidized lunch program, (iii) the number of suspensions and expulsions involving school-aged children, (iv) the number of children to be served, (v) the number and percentage of students with two (2) working parents or one (1) single parent to be served at a site; (vi) the incidence of juvenile crime in the neighborhood, and (vii) any other relevant or unique local demographic data.

      Local authorities shall provide this or related information on a timely basis to local 501(c)(3) entities submitting applications to establish local S.O.S. programs;

    2. A three-year plan that addresses data used in the needs assessment and that includes proposed goals and anticipated outcomes of the local S.O.S. program. The plan shall be prepared after consultation with local after-school programs, schools, community organizations or groups which have as their purpose assisting or helping school-aged children who are at risk of failing in school or entering the juvenile justice system, or other appropriate groups. In addition, the three-year plan shall provide for regular collaborative efforts to seek input and advice from parents of the students being served and from other citizens who reflect the demographic conditions of the students being served;
    3. A statement of how grant funds would be used to address local problems and what other resources would be used to address the problems. This statement should include a list of services to be offered that are related to the goals and outcomes and should include plans for recruiting volunteers to assist in the program’s activities; and
    4. A process for assessing on an annual basis the success of the local plan for addressing the goals of the local S.O.S. program.
  8. The department shall develop and disseminate a request for applications and establish procedures to be followed in developing and submitting applications to establish local S.O.S. programs and administering grants to establish local S.O.S. programs.

    In reviewing grant applications, the State Superintendent of Education shall consider the prevalence of under-served students and families in low-income neighborhoods and in isolated rural areas in the area for which the grant is requested, the severity of the local problems with regard to children at risk of school failure and with regard to school discipline, whether the proposed program meets state standards, and the likelihood that the locally designed plan will deal with the problems successfully. During the review process, the superintendent may recommend modifications in grant applications to applicants. The superintendent shall submit recommendations to the State Board of Education on which applicants should receive grants and the amount they should receive.

    In selecting grant recipients, the State Board of Education shall consider (a) the recommendations of the superintendent, (b) the geographic location of the applicants, and (c) the demographic profile of the applicants. After considering these factors, the State Board of Education shall give priority to grant applications that will serve areas that have a high incidence of juvenile crime and that propose different approaches that can serve as models for other communities. The State Board of Education shall select the grant recipients prior to July 1, 1995, for local programs that will be in operation at the beginning of the 1995-1996 school year, and prior to July 1 and thereafter for the appropriate school year.

    A grant recipient may request a modification of a grant or additional funds to implement a grant through the grant application process. The request shall be reviewed and accepted or rejected in the same manner as a grant application.

  9. The State Department of Education shall administer the grant program under the direction of the State Board of Education. The State Department of Education shall provide technical assistance to grant applicants and recipients.
  10. All agencies of the state and local government, including departments of human services, health departments, local mental health, and intellectual disability commissions, court personnel, law enforcement agencies and cities and counties shall cooperate with the State Department of Education and local school boards that receive grants in coordinating the S.O.S. program at the state level and in implementing the S.O.S. program at the local level.
  11. The Department of Education shall develop and implement an evaluation system, under the direction of the State Board of Education, that will assess the efficiency and effectiveness of the S.O.S. program. However, private schools shall not be included under the provisions of this section.

HISTORY: Laws, 1995, ch. 609, § 1; Laws, 2010, ch. 476, § 9, eff from and after passage (approved Apr. 1, 2010.).

Editor’s Notes —

Laws of 1995, ch. 609, § 2, provides as follows:

“SECTION 2. All new programs authorized in this act are subject to the availability of funds specifically appropriated therefor by the Legislature.”

Laws of 2009, ch. 489, preamble and § 1 provide:

“WHEREAS, studies about what happens to unsupervised children indicate that when left alone, these children: have higher absentee rates at school and lower academic test scores; exhibit higher levels of fear, stress, nightmares, loneliness and boredom; are one and seven-tenths (1-7/10) times more likely to use alcohol; and are one and six-tenths (1-6/10) times more likely to smoke cigarettes; and

“WHEREAS, data shows that in several communities throughout the United States, the violent juvenile crime rate soars in the hours immediately after school and that children are most likely to be victims of a violent crime committed by a nonfamily member between 2:00 p.m. and 6:00 p.m.; and

“WHEREAS, research indicates that children who attend high quality after-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades and conduct in school compared to their peers who are not in after-school programs; and

“WHEREAS, children who attend after-school programs spend more time in learning opportunities, academic activities and enrichment activities and spend less time watching television than their peers; and

“WHEREAS, in one (1) study, children who attended an after-school program missed fewer days of school, had better homework completion, better school behavior and higher test scores; and

“WHEREAS, polls show that ninety-two percent (92%) of Americans believe there should be organized activities for children and teens during after-school hours; and

“WHEREAS, polls show that seventy-five percent (75%) of Americans are ready to either pay more taxes or to forego a tax cut to provide children with good early childhood development programs and quality after-school programs; and

“WHEREAS, as working parents can attest, child care concerns continue after children are old enough to go to school: a parent who is employed full time can be away from home an average of two thousand four hundred (2,400) hours a year, and children spend less than half of that time in school. If children participate in a quality school-age care program or another organized out-of-school time activity, parents can be assured that their children are safe and supervised; NOW, THEREFORE,

“SECTION 1. (1) There is created a task force to be known as the ‘Mississippi After-School Initiative Task Force’ to develop a plan to ensure quality after-school programs for every school-age child in the State of Mississippi. The task force shall make a report of its findings and recommendations, including any recommended legislation, to the Governor and Legislature before December 1, 2009.

“(2) The members of the task force should represent several diverse disciplines including, but not limited to: violence prevention; parents; park districts; special need populations; private foundations; civic and cultural organizations; community-based youth service providers; law enforcement; education; local voluntary organizations; faith-based communities; health; research institutions; child and youth advocacy; alcohol, tobacco and substance abuse prevention; and mental health. The task force shall be composed of the following eleven (11) members:

“(a) The State Superintendent of Public Education, or his or her designee

“(b) The Executive Director of the Mississippi Department of Human Services, or his or her designee;

“(c) The Executive Officer of the State Department of Health, or his or her designee;

“(d) The Chairman of the House of Representatives Education Committee, or his or her designee;

“(e) The Chairman of the Senate Education Committee, or his or her designee; and

“(f) Two (2) persons from each of the three (3) Supreme Court districts to be appointed by the Governor, one (1) of whom shall be experienced in early childhood development, runs an after-school program and an administrator of Head Start Program, for a total of six (6) members.

“(3) All members of the task force must be appointed within thirty (30) days after the effective date of this act. The task force shall hold its first meeting no later than August 15, 2009, on the call of the Governor at a place designated by him. At that first meeting, the task force shall elect from among its membership a chairman and other officers, if any, determined to be necessary. A majority of the membership of the task force shall constitute a quorum, and an affirmative vote of a majority of the task force shall be required for all actions taken. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

“(4) The task force shall make an assessment of the after-school services available in this state, including identification of the number of children and youth served in after-school programs and of the various funding programs currently supporting after-school programs. The task force shall recommend a plan for coordinating after-school services and for achieving the goal of providing after-school services to every school-age child in the State of Mississippi.

“(5) Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41, and the legislative members of the task force shall receive the compensation authorized for committee meetings when the Legislature is not in session. Payment of these expenses must be from funds made available specifically for such purpose by the Legislature or from any other public or private source.

“(6) The State Department of Education and the Mississippi Department of Human Services, acting jointly, shall provide appropriate staff support to assist the task force in carrying out its duties. Each department shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force.

“(7) Upon presentation of its report, the task force shall be dissolved.”

Amendment Notes —

The 2010 amendment deleted “hereby” preceding “established” in the first sentence in (2); and substituted “and intellectual disability commissions” for “mental retardation” in (10).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Superintendent of education and his duties generally, see §§37-3-9,37-3-11.

Temporary Assistance to Needy Families Program, see §§43-17-1 et seq.

Federal Aspects—

Organizations and nonprofit corporations that qualify as exempt from federal income tax on corporations, see 26 USCS § 501(c)(3).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 264 et seq., 344, 345, 353 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 1082, 1086, 1089.

§ 37-3-87. Student vision screening program [Effective until July 1, 2019].

  1. The State Department of Education is hereby authorized and empowered to establish a student vision screening program to make eye screening services available to students in Grades K-12 in the public schools in order to detect vision problems which can lead to academic problems. Such eye screening service shall be based on a process that is screening in nature, and not diagnostic, which is intended to identify with a reasonably high probability, students with a wide range of eye problems who should seek the services of an eye care professional for examination, diagnosis and corrective recommendation. Such eye screening service shall provide each student screened with a report of the student’s screening results to be taken home. Each school shall be provided with a list of the students screened, and their results. Statistical summaries of the screening results shall be provided to each school, and composite statistics by school system, county or district shall be provided to the State Department of Education. The State Department of Education may contract with any legal entity to administer the student vision screening program on the school district level, and such contract shall be let on a competitive basis. State funding for the program shall only be available subject to appropriation by the Legislature.
  2. The school board of any local school district shall cooperate with the State Department of Education and any entity under contract with the department to implement the student vision screening program established under this section.

HISTORY: Laws, 1996, ch. 440, § 1, eff from and after July 1, 1996; Laws, 2018, ch. 395, § 13, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment deleted (3), which created an advisory committee for the student vision screening program and prescribed its composition and duties; and mad a minor stylistic change.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Board of Health generally, see §§41-3-1 et seq.

§ 37-3-87. Student vision screening program [Effective July 1, 2019].

  1. This section shall be known and may be cited as the “Mississippi Better Sight for Better Learning Program.”
  2. The State Board of Education shall recommend a child entering first grade, whose eye screening indicates a need to have a face-to-face comprehensive eye examination, to be completed by an optometrist or ophthalmologist by January 1 of the child’s first grade year. A principal, director or other person in charge of a public school shall collect from the child’s parent or legal guardian, evidence of the child’s face-to-face comprehensive eye examination, as provided by regulation of the State Board of Education, or a signed request by the parent or legal guardian of each student opting out of the face-to-face comprehensive eye examination. A face-to-face comprehensive eye examination that was performed before a child’s initial enrollment in a public school shall be deemed to satisfy the requirement of this section. The State Board of Education shall adopt rules and regulations under the authority provided in this section to implement the provisions of this section.

    ( 3) The State Department of Education is hereby authorized and empowered to establish a student vision screening program to make eye screening services available to students in Grades K-12 in the public schools in order to detect vision problems which can lead to academic problems. Such eye screening service shall be based on a process that is screening in nature, and not diagnostic, which is intended to identify with a reasonably high probability, students with a wide range of eye problems who should seek the services of an eye care professional for examination, diagnosis and corrective recommendation. Such eye screening service shall provide each student screened with a report of the student’s screening results to be taken home. Each school shall be provided with a list of the students screened, and their results. Statistical summaries of the screening results shall be provided to each school, and composite statistics by school system, county or district shall be provided to the State Department of Education. The State Department of Education may contract with any legal entity to administer the student vision screening program on the school district level, and such contract shall be let on a competitive basis. State funding for the program shall only be available subject to appropriation by the Legislature.

    ( 4) The school board of any local school district shall cooperate with the State Department of Education and any entity under contract with the department to implement the student face-to-face comprehensive eye examination or vision screening programs established under this section.

HISTORY: Laws, 1996, ch. 440, § 1, eff from and after July 1, 1996; Laws, 2018, ch. 395, § 13; Laws, 2019, ch. 305, § 1, eff from and after July 1, 2019.

§ 37-3-89. School discipline and classroom management courses; requirement; approval [Effective until July 1, 2019].

The State Board of Education, acting through the Commission on Teacher and Administrator Education, Certification and Licensure and Development, shall require each educator preparation program in the state, as a condition for approval, to include a course or courses on school discipline or classroom management as a required part of the teacher education program. All school discipline or classroom management courses offered by a teacher education program shall be approved by the Educator License Commission.

HISTORY: Laws, 1998, ch. 544, § 10, eff from and after passage (approved April 13, 1998).

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Cross References —

Commission on teacher and administrator education, certification and licensure and development, see §37-3-2.

§ 37-3-89. School discipline and classroom management courses; requirement; approval [BroughtForwardUnchanged effective July 1, 2019].

The State Board of Education, acting through the Commission on Teacher and Administrator Education, Certification and Licensure and Development, shall require each educator preparation program in the state, as a condition for approval, to include a course or courses on school discipline or classroom management as a required part of the teacher education program. All school discipline or classroom management courses offered by a teacher education program shall be approved by the Educator License Commission.

HISTORY: Laws, 1998, ch. 544, § 10, eff from and after passage (approved April 13, 1998); § 5.

§ 37-3-91. Regional behavioral institutes; discipline and classroom management strategies; participation [Effective until July 1, 2019].

  1. Subject to the availability of funds appropriated for such purpose, the State Department of Education may establish regional behavioral institutes for the purpose of providing state-of-the-art training to teachers and administrators in discipline and classroom management strategies.
  2. Any school district may volunteer to participate in a regional behavioral institute. However, the State Department of Education may require a school district to participate in a regional behavioral institute if the department determines that such participation is in the best interest of the school district based upon:
    1. Complaints received and determined by the department to be valid which relate to disciplinary problems in the school district;
    2. Any visit to the school by representatives of the department which indicates disciplinary problems in the school district; or
    3. A review of reports submitted by a school district to the department which indicates disciplinary problems in the school district.

HISTORY: Laws, 1998, ch. 544, § 12, eff from and after passage (approved April 13, 1998).

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

§ 37-3-91. Regional behavioral institutes; discipline and classroom management strategies; participation [Effective July 1, 2019].

  1. Subject to the availability of funds appropriated for such purpose, the State Department of Education may establish regional behavioral institutes for the purpose of providing state-of-the-art training to teachers and administrators in discipline and classroom management strategies and behavioral health screenings for students.
  2. Any school district may volunteer to participate in a regional behavioral institute. However, the State Department of Education may require a school district to participate in a regional behavioral institute if the department determines that such participation is in the best interest of the school district based upon:
    1. Complaints received and determined by the department to be valid which relate to disciplinary problems in the school district;
    2. Any visit to the school by representatives of the department which indicates disciplinary problems in the school district; or
    3. A review of reports submitted by a school district to the department which indicates disciplinary problems in the school district.
  3. Effective with the 2019-2020 school year, the Mississippi Department of Mental Health shall develop a standardized Memorandum of Understanding (“MOU”) to be utilized by the Mississippi Department of Mental Health certified mental health providers and mental health facilities in providing mental health services to local school districts. The MOU shall include standardized behavioral health screening and referral protocols, procedures and forms to be utilized by the local school districts. Any standardized behavioral health screening and referral protocols shall only be performed on students with the approval of the student’s parent or legal guardian. The Mississippi Department of Mental Health shall provide online training for appropriate school personnel to conduct initial behavioral health screenings of students experiencing or exhibiting behavioral stress or at risk of harming themselves or others.

HISTORY: Laws, 1998, ch. 544, § 12, eff from and after passage (approved April 13, 1998); Laws, 2019, ch. 427, § 6, eff from and after July 1, 2019.

§ 37-3-93. School Crisis Management Program; quick response teams; toll-free telephone service for reporting school violence [Effective until July 1, 2019].

  1. Subject to the availability of funding specifically appropriated for such purpose, there is established a School Crisis Management Program under the State Department of Education. This program is to be initiated and executed by the department using only existing staff and resources. Under this program, the State Department of Education shall create an office making available a quick response team of personnel trained in school safety and crisis management to respond to traumatic or violent situations that impact students and faculty in the public schools in Mississippi. The School Crisis Management Program shall operate in accordance with the following:
    1. The basic response team shall consist of those personnel designated by the State Superintendent of Public Education, or their designees, depending on the size of the school and the nature of the event.
    2. In order to access the services of a response team, the request must be made by the local school principal or the superintendent of schools, who shall make the request to the State Department of Education or its contact designee.
    3. A response team shall enter a school to work with students and faculty for a period of no more than three (3) days, unless otherwise requested by the school district.
    4. The State Department of Education, or its designee, shall operate a toll-free incoming wide area telephone service for the purpose of receiving reports of suspected cases of school violence and other traumatic situations impacting on students and faculty in the public schools.
    5. The request made by a school district to access the services of a response team following a school safety incident may seek a review of the local school district’s safety plan, and the results of this evaluation may be published by the local school board in a newspaper with wide circulation in the district.
    6. Subject to the availability of funds specifically appropriated therefor by the Legislature, the expenses of the quick response teams and their administrative support shall be provided from state funds. The State Department of Education may apply for and expend funds for the support and maintenance of this program from private and other funding sources.
  2. Local school districts, school superintendents and principals may request and utilize the services of quick response teams provided for under this section; however, this section does not require school officials to request the services of quick response teams.

HISTORY: Laws, 2001, ch. 486, § 4; Laws, 2003, ch. 416, § 1; Laws, 2007, ch. 416, § 1; Laws, 2010, ch. 488, § 4, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2003 amendment extended the date of the repealer from “July 1, 2003” to “July 1, 2007.”

The 2007 amendment extended the date of the repealer in (3) from July 1, 2007, until July 1, 2010.

The 2010 amendment deleted (3), which was the repealer for the section.

Cross References —

State superintendent of education and his duties generally, see §§37-3-9,37-3-11.

§ 37-3-93. School Crisis Management Program; quick response teams; toll-free telephone service for reporting school violence [Effective July 1, 2019].

  1. Subject to the availability of funding specifically appropriated for such purpose, there is established a School Crisis Management Program under the State Department of Education. This program is to be initiated and executed by the department using only existing staff and resources. Under this program, the State Department of Education shall create an office making available a quick response team of personnel trained in school safety and crisis management to respond to traumatic or violent situations that impact students and faculty in the public schools in Mississippi. The required School Crisis Management Program shall operate in accordance with the following:
    1. The basic response team shall consist of those personnel designated by the State Superintendent of Public Education, or their designees, depending on the size of the school and the nature of the event.
    2. In order to access the services of a response team, the request must be made by the local school principal or the superintendent of schools, who shall make the request to the State Department of Education or its contact designee.
    3. A response team shall enter a school to work with students and faculty for a period of no more than three (3) days, unless otherwise requested by the school district.
    4. The State Department of Education, or its designee, shall operate a toll-free incoming wide area telephone service for the purpose of receiving reports of suspected cases of school violence and other traumatic situations impacting on students and faculty in the public schools.
    5. The request made by a school district to access the services of a response team following a school safety incident may seek a review of the local school district’s safety plan, and the results of this evaluation may be published by the local school board in a newspaper with wide circulation in the district.
    6. Subject to the availability of funds specifically appropriated therefor by the Legislature, the expenses of the quick response teams and their administrative support shall be provided from state funds. The State Department of Education may apply for and expend funds for the support and maintenance of this program from private and other funding sources.
  2. Local school districts, school superintendents and principals may request and utilize the services of quick response teams provided for under this section; however, this section does not require school officials to request the services of quick response teams.
  3. As a component of the School Crisis Management Program, the Mississippi Office of Homeland Security shall develop a curriculum, train and certify threat assessment officers. A certified threat assessment officer shall conduct an annual inspection and threat assessment of each public school in the state. The threat assessment officer shall develop an improvement plan for each school inspected. The assessment shall include the inspection of surveillance equipment and building-specific floor plans. The findings of the inspection and threat assessment, including a copy of the improvement plan shall be provided to local law enforcement agencies and the local school board within four (4) weeks of completion.

HISTORY: Laws, 2001, ch. 486, § 4; Laws, 2003, ch. 416, § 1; Laws, 2007, ch. 416, § 1; Laws, 2010, ch. 488, § 4, eff from and after July 1, 2010; Laws, 2019, ch. 427, § 4, eff from and after July 1, 2019.

§ 37-3-95. Junior Reserve Officer Training Corps (JROTC) statewide coordinator; powers and duties.

  1. Subject to the availability of funding for such purpose, the State Superintendent of Public Education shall employ within the State Department of Education or, in the alternative, contract with the Mississippi Military Department for a statewide coordinator for Junior Reserve Officer Training Corps (JROTC) programs in the public schools. If employed by the State Department of Education, the JROTC statewide coordinator must be an active or retired member of the military and must meet any additional qualifications that may be established for the position by the State Superintendent of Public Education or State Personnel Board. However, if for any reason within the two-year period beginning July 1, 2014, a new JROTC statewide coordinator is employed by the department, the employment of such individual shall not be subject to the rules and regulations of the State Personnel Board, except as otherwise provided in Section 25-9-127(4).
  2. The following are the powers and duties of the JROTC statewide coordinator:
    1. To coordinate training of new JROTC instructors and continuing education programs for certified instructors;
    2. To facilitate communication between JROTC programs in the various public schools;
    3. To assist in organizing competitions among JROTC units from different high schools;
    4. To assist in the development of the JROTC curriculum;
    5. To compile information on scholarships available to JROTC participants and to solicit support for such scholarships;
    6. To assist in establishing support groups for parents of students participating in a JROTC program;
    7. To solicit and accept financial support for JROTC programs from private sector donors;
    8. To promote the involvement of JROTC units within their local communities;
    9. To facilitate interaction between JROTC units and the Mississippi National Guard and Mississippi Air National Guard;
    10. To promote, in general, the JROTC program in high schools throughout the state;
    11. To assist local schools with the application process for establishing new JROTC programs in high schools; and
    12. To perform such other duties relating to the JROTC program established by the State Superintendent of Public Education or State Board of Education.

HISTORY: Laws, 2001, ch. 592, § 1; Laws, 2014, ch. 491, § 5, eff from and after passage (approved April 15, 2014).

Editor’s Notes —

Laws of 2001, ch. 592, § 2, provides as follows:

“SECTION 2. The State Board of Education shall study the issues relating to the funding of Junior Reserve Officer Training Corps (JROTC) and the licensing of JROTC instructors. In studying the licensing issue, the board shall consider the credentials required for certification as a JROTC instructor. The board shall present a report on its findings concerning these issues along with any other issues related to JROTC to the Chairmen of the Education Committees of the House of Representatives and Senate before December 15, 2001, which report must include recommended legislation necessary to effectuate the board’s recommendations relating to JROTC.”

Amendment Notes —

The 2014 amendment added the last sentence in (1).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Superintendent of education and his duties generally, see §§37-3-9,37-3-11.

§ 37-3-97. Repealed.

Repealed by Laws, 2011, ch. 442, § 20, effective from and after July 1, 2011.

§37-3-97. [Laws, 2006, ch. 346, § 5; Laws, 2006, ch. 504, § 14; reenacted without change, Laws, 2009, ch. 345, § 6, eff from and after June 30, 2009.]

Editor’s Notes —

Former §37-3-97 provided for a joint report on state teacher education programs.

§ 37-3-99. Repealed.

Repealed by its own terms, effective July 1, 2013.

§37-3-99. [Laws, 2006, ch. 554, § 1; Laws, 2007, ch. 511, § 1; Laws, 2008, ch. 418, § 1, eff from and after July 1, 2008.]

Editor’s Notes —

Former §37-3-99 related to curriculum choices for students who are interested in direct entry into the workforce upon high school graduation and created a pilot program to redesign secondary schools to function as workforce development centers.

§ 37-3-101. Local school districts to adopt policy on student suicide prevention and provide in-service training on suicide prevention education for all school district employees.

  1. Each local school district shall adopt a policy on student suicide prevention. The policies shall be developed in consultation with school and community stakeholders, school-employed mental health professions, and suicide prevention experts, and shall, at a minimum, address procedures relating to suicide prevention, intervention and postvention. To assist districts in developing policies for student suicide prevention, the State Department of Education shall establish a model policy in consultation with the Mississippi Department of Mental Health for use by local school districts in accordance with this section.
  2. In the 2017-2018 school year, the State Department of Education shall require that local school districts conduct in-service training on suicide prevention education for all school district employees. The Mississippi Department of Mental Health will be responsible for development of the content of the training. This education may be accomplished through self-review of suitable suicide prevention materials.

HISTORY: Laws, 2009, ch. 529, § 1; Laws, 2017, ch. 365, § 3, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment added (1), and designated the former section (2); and in (2), substituted “2017-2018” for “2009-2010” and “school district employees” for “licensed teachers and principals” in the first sentence, and deleted “and determining the appropriate amount of time that should be allotted for the training” from the end of the second sentence.

§ 37-3-103. In-service training on suicide prevention education for newly employed school district employees.

Beginning with the 2017-2018 school year and annually thereafter, the State Department of Education shall require that local school districts conduct in-service training on suicide prevention education for all newly employed school district employees. The Mississippi Department of Mental Health will be responsible for development of the content of the training. This education may be accomplished through self-review of suitable suicide prevention materials.

HISTORY: Laws, 2009, ch. 529, § 2; Laws, 2017, ch. 365, § 4, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in the first sentence, substituted “2017-2018 school year and annually thereafter, the State” for “2010-2011 school year, the State” and substituted “school district employees” for “licensed teachers and principals”; and deleted “and determining the appropriate amount of time that should be allotted for the training” from the end of the second sentence.

§ 37-3-105. In-service training for all licensed grades K through 3 public school district teachers to include intensive, comprehensive, research-based reading methods.

Beginning with the 2009-2010 school year, the State Department of Education shall require that in-service training shall include an emphasis on intensive, comprehensive and researched-based reading methods for all licensed teachers teaching Grades K through 3 in a public school district. The education may be accomplished through self-review of suitable intensive, comprehensive and researched-based reading materials.

HISTORY: Laws, 2009, ch. 529, § 3; Laws, 2013, ch. 497, § 48, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment added “in a public school district” at the end of the first sentence.

§ 37-3-107. Curriculum guidelines for implementation of school bus safety curriculum for grades K through 3.

The State Department of Education shall develop and issue curriculum guidelines to school districts relating to the implementation of a school bus safety curriculum for implementation in Kindergarten through Grade 3.

HISTORY: Laws, 2011, ch. 481, § 4, eff from and after July 1, 2011.

Editor’s Notes —

Chapter 481, Laws of 2011, which amended this section, is known as “Nathan’s Law.”

Chapter 4. Mississippi Community College Board

§ 37-4-1. Legislative findings and declaration of policy.

The Legislature finds and determines that the social, cultural and economic well-being of the people of Mississippi, and hence the state, are enhanced by various educational experiences beyond the elementary and secondary school years. The Legislature hereby provides a means for the continuation of a system of community and junior colleges and declares the following to be the policy of the State of Mississippi:

The general purpose of the community and junior colleges is to provide educational services for the people of its geographic area within the legal structure of the comprehensive community college. These services include the teaching and guiding of students who intend to transfer to senior colleges to pursue an academic degree and the teaching and guiding of career-oriented students in academic, technical and vocational programs. These services also include providing opportunities for continuing education in academic, technical, vocational and adult education, and providing leadership in civic, economic and cultural growth.

Different geographic regions of the state have differing needs for human development.

Local governance of the public community and junior colleges is an effective and efficient means of meeting the diverse local needs, as well as those needs and priorities established by the state.

All post-high school youth and adults who have the motivation and ability to benefit from additional educational services and experiences should be provided such an opportunity.

Community and junior colleges should provide quality instructional activities that are accessible geographically and financially to the people of the state, within the resources available for this purpose.

Instructional activities should be related to the needs of the individual, region and state, and should be available throughout one’s life regardless of prior educational experiences or attainment.

An appropriate relationship between local district and state financial support of community and junior colleges shall be established.

Coordination between public schools, community and junior colleges and universities shall complement the educational goals and attainments of individuals and the state.

The Associate Degree should be a definitive and accepted higher educational degree, recognized for transfer to four-year institutions and for employment and promotion in business and industry.

The community and junior colleges shall be the presumptive deliverers of public post-secondary training designed to meet the needs of individuals, business and state development objectives. This includes, but is not limited to, post-secondary training conducted under federal and state vocational and technical acts.

Community and junior colleges shall be considered agencies of local government rather than agencies of the state.

HISTORY: Laws, 1986, ch. 434, § 1, eff from and after July 1, 1986 (became law on April 4, 1986, without Governor’s signature).

Cross References —

Education Achievement Council to work collaboratively with the State Board for Community and Junior Colleges to achieve state’s goal of increasing educational attainment and skill levels to national average, see §37-163-1.

OPINIONS OF THE ATTORNEY GENERAL

Community and junior colleges, not being agencies of the state, do not fall under the purview of the Department of Information Technology Services for the acquisition of information technology equipment and services. Litchliter, Mar. 16, 2001, A.G. Op. #01-0139.

Expenditures of tax proceeds by community and junior colleges for electronic data processing equipment is subject to approval by the Mississippi Department of Information Technology Services. Litchliter, Apr. 12, 2002, A.G. Op. #02-0153.

Community and junior colleges are not covered by the state’s leave law, but retain the authority to adopt their own leave policies so long as provisions therein for retirement credit do not exceed the state law provisions. Ready, Oct. 31, 2003, A.G. Op. 03-0331.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-4-3. Establishment of board; composition; qualifications, appointment, terms of office and compensation of members; officers; director of state system of public junior and community colleges; general powers and duties of board.

  1. From and after July 1, 1986, there shall be a Mississippi Community College Board which shall receive and distribute funds appropriated by the Legislature for the use of the public community and junior colleges and funds from federal and other sources that are transmitted through the state governmental organization for use by said colleges. This board shall provide general coordination of the public community and junior colleges, assemble reports and such other duties as may be prescribed by law.
  2. The board shall consist of ten (10) members of which none shall be an elected official. The Governor shall appoint two (2) members from the First Mississippi Congressional District, one (1) who shall serve an initial term of two (2) years and one (1) who shall serve an initial term of five (5) years; two (2) members from the Second Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of three (3) years; and two (2) members from the Third Mississippi Congressional District, one (1) who shall serve an initial term of four (4) years and one (1) who shall serve an initial term of two (2) years; two (2) members from the Fourth Mississippi Congressional District, one (1) who shall serve an initial term of three (3) years and one (1) who shall serve an initial term of four (4) years; and two (2) members from the Fifth Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of two (2) years. All subsequent appointments shall be for a term of six (6) 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. All members shall be appointed with the advice and consent of the Senate.
  3. There shall be a chairman and vice chairman of the board, elected by and from the membership of the board; and the chairman shall be the presiding officer of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business.
  4. The members of the board shall receive no annual salary, but shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41, Mississippi Code of 1972.
  5. The board shall name a director for the state system of public junior and community colleges, who shall serve at the pleasure of the board. Such director shall be the chief executive officer of the board, give direction to the board staff, carry out the policies set forth by the board, and work with the presidents of the several community and junior colleges to assist them in carrying out the mandates of the several boards of trustees and in functioning within the state system and policies established by the Mississippi Community College Board. The Mississippi Community College Board shall set the salary of the director of theboard. The Legislature shall provide adequate funds for the Mississippi Community College Board, its activities and its staff.
  6. The powers and duties of the Mississippi Community College Board shall be:
    1. To authorize disbursements of state-appropriated funds to community and junior colleges through orders in the minutes of the board.
    2. To make studies of the needs of the state as they relate to the mission of the community and junior colleges.
    3. To approve new, changes to and deletions of vocational and technical programs to the various colleges.
    4. To require community and junior colleges to supply such information as the board may request and compile, publish and make available such reports based thereon as the board may deem advisable.
    5. To approve proposed new attendance centers (campus locations) as the local boards of trustees should determine to be in the best interest of the district. Provided, however, that no new community/junior college branch campus shall be approved without an authorizing act of the Legislature.
    6. To serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, etc., dormitories, dwellings or apartments for students and/or faculty, such loans to be paid from revenue produced by such facilities as requested by local boards of trustees.
    7. To approve applications from community and junior colleges for state funds for vocational-technical education facilities.
    8. To approve any university branch campus offering lower undergraduate level courses for credit.
    9. To appoint members to the Post-Secondary Educational Assistance Board.
    10. To appoint members to the Authority for Educational Television.
    11. To contract with other boards, commissions, governmental entities, foundations, corporations or individuals for programs, services, grants and awards when such are needed for the operation and development of the state public community and junior college system.
    12. To fix standards for community and junior colleges to qualify for appropriations, and qualifications for community and junior college teachers.
    13. To have sign-off approval on the State Plan for Vocational Education which is developed in cooperation with appropriate units of the State Department of Education.
    14. To approve or disapprove of any proposed inclusion within municipal corporate limits of state-owned buildings and grounds of any community college or junior college and to approve or disapprove of land use development, zoning requirements, building codes and delivery of governmental services applicable to state-owned buildings and grounds of any community college or junior college. Any agreement by a local board of trustees of a community college or junior college to annexation of state-owned property or other conditions described in this paragraph shall be void unless approved by the board and by the board of supervisors of the county in which the state-owned property is located.

HISTORY: Laws, 1986, ch. 434, § 2; Laws, 1988, ch. 461; Laws, 2014, ch. 397, § 9, eff from and after July 1, 2014; Laws, 2019, ch. 436, § 1, eff from and after passage (approved March 29, 2019).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (2). The words “from the Fourth Mississippi Congressional District, who shall serve an initial term of five (5) years. All subsequent appointments shall be for a term of six (6) 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. All members shall be appointed with the advice and consent of the Senate.” were deleted from the end. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 1986, ch. 434, § 16, effective July 1, 1986 (became law on April 4, 1986, without Governor’s signature), provides as follows:

“SECTION 16. (1) Effective July 1, 1986, all employees of the Division of Junior Colleges of the State Department of Education shall be transferred according to the merger of their duties by this act. All such transfers shall be in accordance with the rules and regulations of the State Personnel Board.

(2) All records, personnel, property and unexpended balances of appropriations, allocations or other funds of the Division of Junior Colleges of the State Department of Education shall be transferred to the appropriate agency according to the transfer of its functions under this act.”

Laws of 2009, ch. 438, § 1 provides:

“(1) The Mississippi Department of Finance and Administration is authorized to transfer a portion of state-owned real property, located at 3825 Ridgewood Road, Jackson, Mississippi, to the State Board for Community and Junior Colleges for purposes of constructing a new facility, subject to funds becoming available to the board for that purpose. However, the property shall not be transferred until the requirements and conditions of subsections (2) and (3) of this section have been met.

“(2) The board, with approval of the Department of Finance and Administration, shall select a site for the building and grounds on the property described in subsection (1) of this section, and shall cause a survey to be made of the selected site. The board shall file a copy of the survey, along with documents evidencing approval of the board’s site selection by the Department of Finance and Administration in the land records in the Office of the Chancery Clerk of the First Judicial District of Hinds County, Mississippi, and with the Secretary of State.

“(3) The conveyance authorized in this section may be subject to additional terms and conditions accepted and agreed upon by the Mississippi Department of Finance and Administration and the board.”

Laws of 2009, ch. 489, § 2 provides:

“SECTION 2. (1) It is the intent of the Legislature and the expectation of each institution of higher learning and community and junior colleges in the state that all students in such institutions receive a quality education and graduate from such institutions. The Legislature also recognizes that annual performance reports show that a significant number of students underperform and fail to meet their goal of graduation.

“(2) To assist the Legislature in shaping public policy to improve student outcomes and educational opportunities for all students in such institutions of higher learning, there is established a task force to study and report on the graduation rates in the state institutions of higher learning and junior and community colleges.

“(3) The task force shall be composed of the following thirteen (13) members:

“(a) The Chairmen of the House and Senate Universities and Colleges Committees;

“(b) The Chairmen of the House and Senate Education Committees;

“(c) The State Superintendent of Public Education or his designee;

“(d) The Commissioner of Higher Education or his designee;

“(e) The Director of the State Board for Community and Junior Colleges or his designee;

“(f) The Chairman of the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges and the State Board of Education;

“ (g) A representative of the Governor’s Office appointed by the Governor;

“(h) A president of one (1) comprehensive university appointed by the Board of Trustees of State Institutions of Higher Learning; and

“(i) A president of one (1) historical black university appointed by the Board of Trustees of State Institutions of Higher Learning.

“(4) Appointments to the task force must be made within thirty (30) days after the effective date of this act. Within fifteen (15) days after the expiration of the period for making appointments, on a day to be designated by the Commissioner of Higher Education, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman also must serve as secretary and be responsible for keeping all records of the task force. A majority of the membership of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

“(5) The task force may contract for any professional services that it deems necessary to complete its work and shall tour any universities and community or junior colleges as it deems necessary. The Legislature shall appropriate sufficient funding to the Board of Trustees of State Institutions of Higher Learning for the contractual costs and travel associated with attending meetings and for the on-site visits to universities and community or junior colleges.

“(6) Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the task force may be paid while the Legislature is in session. Task force members may not incur per diem, travel or other expenses unless previously authorized by vote at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the task force for that purpose.

“(7) The task force shall compile data, study and report on measures that may be taken to improve graduation rates in the universities, community colleges and junior colleges.

“(8) The Commissioner of Higher Education shall provide appropriate staff to assist the task force with carrying out its duties. Before December 31, 2009, the task force shall submit to the Legislature and the Governor a written report of its findings and recommendations on measures to improve graduation rates in universities, community colleges and junior colleges. Upon presentation of its report, the task force shall be dissolved.”

Laws of 2011, ch. 511, § 1, provides:

“SECTION 1. (1) The State Superintendent of Public Education, the Commissioner of Higher Education and the Executive Director of the State Board for Community and Junior Colleges, acting jointly, shall develop a comprehensive report and recommendations to the 2012 Legislature on the implementation and operations of ‘Early College High Schools.’ The report shall be submitted no later than January 2, 2012, and shall provide, at a minimum, the following:

“(a) A clear definition of what constitutes an Early College High School and how it enhances education and job-related opportunities;

“(b) The mission and intent of such schools;

“(c) The established criteria for admission;

“(d) An outline of the comprehensive costs of establishing and operating such a school, including transportation, and recommendations on how the state and local school districts should pay those costs;

“(e) A requirement to provide reports on the status and level of success of operating Early College High Schools in other states across the country;

“(f) Implications for student participation in sports programs and other extracurricular activities when attending an Early College High School;

“(g) An identification of and recommendations on any state laws and policies that may need amending to provide authority for the implementation and operation of such schools;

“(h) Recommendations and costs for state and local funding of transportation services for other forms of dual enrollment programs operated across the state; and

“(i) Any other information as determined to be necessary to benefit the scope and detail of the report.

“(2) The State Superintendent of Public Education, the Commissioner of Higher Education and the Executive Director of the State Board for Community and Junior Colleges, acting jointly, shall include specific recommendations on the establishment of an Early College High School Pilot Program in Mississippi in the report submitted to the 2012 Legislature.”

Laws of 2011, ch. 511, § 2, effective April 26, 2011, provides:

“SECTION 2. (1) The State Board of Education, in conjunction with the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges, shall study and develop a comprehensive report and recommendations to the 2012 Legislature, by January 2, 2012, on the implementation, expansion and costs associated with the establishment of an Adult High School Diploma. The Chairmen of the House and Senate Education Committees, or their respective designees, and a representative appointed by the Governor, shall serve on the study panel for the development of an Adult High School Diploma.

“(2) The gubernatorial appointment to the study panel shall be made within thirty (30) days after the effective date of this act.

“(3) Legislative members of the study panel shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the study panel from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house; however, no expense for attending meetings of the study panel may be paid while the Legislature is in session.”

Laws of 2012, ch. 336, § 1, provides in part:

“SECTION 1. The Department of Finance and Administration, acting on behalf of the Mississippi Department of Public Safety, is authorized to donate and convey to Meridian Community College, certain real property and any improvements thereon, located at 841 Highway 19 North, in the City of Meridian, Lauderdale County, Mississippi, currently occupied by the Mississippi Highway Patrol, Troop H, and more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 336, Laws of 2012.]

“(2) If at any time after the donation of the real property described in subsection (1) of this section Meridian Community College, ceases to use the real property for the purposes intended at the time of donation, the college shall forfeit its rights, title and interest in the real property, and all of the rights, title and interest in the real property shall revert back to the State of Mississippi.

“(3) The State of Mississippi shall retain all mineral rights to the real property donated under this section.”

Amendment Notes —

The 2014 amendment, in (1), (5), and (6), substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges”; and in (5), substituted “Director of the Board” for “Director of the State System of Community and Junior Colleges” in the third sentence.

Cross References —

Division of state into five congressional disricts, see §23-15-1037.

Mississippi Community College Board to create accountability and transparency website; website to include, among other things, access to financial reports and audits, budgets, etc., see §27-104-155.

Assistance by State Board of Community and Junior Colleges in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

Board to determine amount of fees authorized under §§75-60-15 and75-60-27 after receiving recommendations from commission on proprietary school and college registration, see §75-60-15.

OPINIONS OF THE ATTORNEY GENERAL

Appointments to this board should be reviewed under the last five-district plan which was in effect. Canon, Jan. 16, 2003, A.G. Op. #03-0016.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 1 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 1, 2, 10, 11, 13, 42.

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

§ 37-4-4. Persons required to attend meetings of board; compensation.

The Commissioner of Higher Education, or his designee, and one (1) member of the Board of Trustees of State Institutions of Higher Learning to be designated by the chairman of said board, shall attend all regular meetings of the Mississippi Community College Board. Said university representatives shall have no jurisdiction or vote on any matter within the jurisdiction of the board. The Commissioner of Higher Education and any designee who is a state employee shall receive no per diem for attending meetings of the board, but shall be entitled to actual and necessary expense reimbursement and mileage for attending meetings at locations other than Jackson, Mississippi. The designee of the Board of Trustees of State Institutions of Higher Learning shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for attending said meetings, and shall be entitled to reimbursement for all actual and necessary expense reimbursement and mileage, which shall be paid from funds appropriated to the Mississippi Community College Board.

HISTORY: Laws, 1989, ch. 413, § 1; Laws, 2014, ch. 397, § 10, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” at the end of the first and last sentences.

Cross References —

Commissioner of higher education, see §37-101-7.

§ 37-4-5. Definitions.

  1. The terms “Junior College Commission” and “State Board for Community and Junior Colleges,” whenever they appear in the laws of the State of Mississippi, mean the “Mississippi Community College Board.”
  2. The term “High School Equivalency Diploma,” whenever it appears in the laws of the State of Mississippi, means a high school diploma that has been approved by the Mississippi Community College Board.
  3. The terms “general educational development,” “general education development” and “GED,” whenever they appear in the laws of the State of Mississippi, mean a high school equivalency diploma as defined in subsection (2) of this section.

HISTORY: Laws, 1986, ch. 434, § 18; Laws, 2011, ch. 358, § 1; Laws, 2014, ch. 397, § 1; brought forward without change, Laws, 2014, ch. 398, § 1; brought forward without change, Laws, 2016, ch. 351, § 2, eff from and after passage (approved Apr. 5, 2016).

Joint Legislative Committee Note —

Section 1 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014, 9:10 a.m.), amended this section. Section 1 of ch. 398, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014, 9:27 a.m.), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 398, Laws of 2014, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The 2011 amendment inserted “and ‘State Board for Community and Junior Colleges’ and substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” and made minor stylistic changes.

The first 2014 amendment (ch. 397) brought the section forward without change.

The second 2014 amendment (ch. 398) added the (1) designation, and added (2) and (3).

The 2016 amendment brought the section forward without change.

§ 37-4-7. Development by board of uniform employment contract for professional employees.

The Mississippi Community College Board shall study the feasibility of developing and implementing a state adopted uniform contract within each community and junior college district. Such study shall include, but not be limited to, the following areas for consideration:

Terms of employment;

Salary schedules;

Leave provisions;

Health insurance benefits;

Tenure;

Retirement benefits.

HISTORY: Laws, 1988, ch. 561, § 1; Laws, 2014, ch. 397, § 11, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the first sentence.

§ 37-4-9. Conduct and funding of incentive certification program.

The Mississippi Community College Board is authorized to receive income from voluntary fees, contributions, donations, other forms of financial assistance, materials or manpower from persons, corporations, organizations and other sources, private or public, to be utilized and expended by the board in carrying out the incentive certification program mandated by the Work Force and Education Act of 1994 in Sections 37-151-63 through 37-151-75 and 37-153-1 through 37-153-13. Additionally, awards or scholarships to industry or to students or both are authorized.

HISTORY: Laws, 1995, ch. 376, § 1; Laws, 2014, ch. 397, § 12, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges.”

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 120, 122.

CJS.

78A C.J.S., Schools and School Districts §§ 874-883.

§ 37-4-11. Transfer of Industrial Training Programs and postsecondary Adult Short-term Training Programs to Workforce Education Program; board to develop accountability system; annual report.

  1. The purpose of this section is to insure the uniform management, oversight and accountability of the state-funded Industrial Training Programs, and postsecondary Adult Short-Term Training Programs and Workforce Education Programs administered by the Mississippi Community College Board for adults provided to the citizens of Mississippi.
  2. Effective July 1, 1999, all state-funded Industrial Training Programs and postsecondary Adult Short-term Training Programs administered by and through the State Department of Education on June 30, 1999, shall be transferred to the Workforce Education Program of the Mississippi Community College Board. The Legislature shall appropriate annually to the Mississippi Community College Board funds necessary to administer these programs.
  3. Effective July 1, 1999, all funds, unexpended balances, assets, liabilities and property of the State Department of Education which are used in the delivery of postsecondary Adult Short-term Training Programs and Industrial Training Programs, excluding funds, unexpended balances, assets, liabilities and property associated with the Research and Curriculum Unit at Mississippi State University, shall be transferred to the Workforce Education Program funds of the Mississippi Community College Board. The State Department of Education also shall transfer to the Mississippi Community College Board all positions and funds employed by the State Department of Education and community colleges which render industrial training, postsecondary adult short-term training or workforce education services, including the seven (7) administrative and support positions providing support to these programs. Sufficient staff positions shall be transferred from the State Department of Education, which will have a reduction in training and educational responsibilities by virtue of this section, to the Mississippi Community College Board to assure that the transferred responsibilities will be properly managed and administered. Any funds available to the State Department of Education for Industrial Training Programs and state-funded postsecondary Adult Short-term Training Programs which are subject to carryover shall be transferred to the Work Force Carryover Fund established by Chapter 498, Laws of 1995, for use by the Mississippi Community College Board, on or before August 15, 1999.
  4. The Mississippi Community College Board shall develop an accountability system that shall report and describe all classes taught in the area of workforce education, the number of persons taught in these classes, and the location and cost of each class taught. To assess the impact of these programs, the Mississippi Community College Board also shall report:
    1. Whether the needs of industry have been met through training program offerings;
    2. Any changes in the income of trainees between the completion of training and the date of the report;
    3. The number of jobs created and the number of jobs retained through the programs; and
    4. Trainee success in passing proficiency tests, where applicable.

      This information shall be reported on a fiscal year basis and shall be provided to the House and Senate Education Committees before December 15 of each year.

HISTORY: Laws, 1999, ch. 572, § 1; Laws, 2003, ch. 312, § 1; Laws, 2003, ch. 416, § 2; Laws, 2006, ch. 368, § 1; Laws, 2014, ch. 397, § 13, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 1 of ch. 312, Laws of 2003, effective from and after June 1, 2003, amended this section. Section 2 of ch. 416, Laws of 2003, effective from and after June 30, 2003, also amended this section. As set out above, this section reflects the language of Section 2 of ch. 416, Laws of 2003, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Amendment Notes —

The first 2003 amendment (ch. 312) deleted the automatic repealer in former (5) which read: “This section shall be repealed on July 1, 2003.”

The second 2003 amendment (ch. 416) extended the repealer from “July 1, 2003” to “July 1, 2007.”

The 2006 amendment deleted former (5), which read: “This section shall be repealed on July 1, 2007.”

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

§ 37-4-13. Mississippi Community College Board authorized to negotiate multi-year industrial training program commitments.

  1. In negotiating commitments under the Industrial Training Programs with industries seeking to locate or expand in Mississippi, the Mississippi Community College Board may enter into multi-year agreements for such training programs subject to the availability of funds appropriated therefor.
  2. The Mississippi Community College Board shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives listing the commitments that are made pursuant to subsection (1) of this section.

HISTORY: Laws, 2000, 2nd Ex Sess, ch. 1, § 59; Laws, 2014, ch. 397, § 14, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 2000, 2nd Ex Sess, ch. 1, § 1 provides:

“SECTION 1. This act may be cited as the ‘Advantage Mississippi Initiative.’ ”

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

§ 37-4-15. Board to conduct study of state funding structure for community and junior colleges.

  1. On or after July 1, 2002, the Mississippi Community College Board shall contract with a competent management consulting or accounting firm to study the state funding formula for community and junior colleges. The study shall accomplish the following specific outcomes:
    1. Evaluate the validity of the current student classifications used in the funding formula and make recommendations for change in the classification system if advisable;
    2. Evaluate the weights assigned to each student classification and make recommendations for change in the current weights if advisable;
    3. Identify the best management practices associated with the production of graduates in each of the student classifications and use such information as a basis for validating any changes in weights referred to in paragraph (b) of this subsection. The study of best practices shall also identify the amount of state funding that is used in program areas at schools exhibiting the best management practices.
  2. The report also shall recommend to the Mississippi Community College Board all reporting requirements and systems needed to collect information necessary to maintain a valid system of weights, student classification and the best practices associated with producing graduates most efficiently. All community and junior colleges shall cooperate with the Mississippi Community College Board in conducting this study and in providing all further information on an annual basis necessary to update the weights for programs established as a result of this study, the best management practices and the student classifications established as a result of this study.
  3. The Mississippi Community College Board shall report its findings to the Chairs of the House and Senate Education Committees and the House and Senate Appropriations Committees no later than December 15, 2002.

HISTORY: Laws, 2002, ch. 581, § 1; Laws, 2014, ch. 397, § 15, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

Chapter 5. County Boards of Education and Superintendents

County Boards of Education

§ 37-5-1. Establishment; composition; qualifications and election of members generally; counties in which board not to exist.

  1. There is hereby established a county board of education in each county of the State of Mississippi. Said county board of education shall consist of five (5) members, one (1) of which, subject to the further provisions of this chapter and except as is otherwise provided in Section 37-5-1(2), shall be elected by the qualified electors of each board of education district of the county. Except as is otherwise provided in Section 37-5-3, each member so elected shall be a resident and qualified elector of the district from which he is elected.
  2. The county board of education shall apportion the county school district into five (5) single member board of education districts. The county board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said 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 education of said county, said new district lines will thereafter be effective. The board of education of said county shall reapportion the board of education districts in accordance with the procedure described herein for the original apportionment of districts as soon as practicable after the results of the 2000 decennial census are published and as soon as practicable after every decennial census thereafter.
  3. In counties where the office of “administrative superintendent” as defined in Section 37-6-3, Mississippi Code of 1972, has been abolished, there shall be no county board of education.

HISTORY: Codes, 1942, § 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; Laws, 1954, ch. 283, § 1; Laws, 1958, ch. 309, § 1; Laws, 1960, ch. 297, § 1; Laws, 1962, ch. 342, 1987, ch. 307, § 10; Laws, 1988, ch. 444, § 1; Laws, 2002, ch. 598, § 1, eff July 22, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

The United States Attorney General, by letter dated July 22, 2002, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2002, ch. 598, § 5 and 6.

Amendment Notes —

The 2002 amendment, in (1), substituted “board of education” for “board of supervisors”; and in (2), deleted the first sentence, substituted “board of education ” for “board of supervisors,” four times and substituted “2000” for “1990 ” preceding “decennial census.”

Cross References —

Application of this section to the term of office of members, see §37-5-7.

Election of members from special board of education districts in certain counties, see §§37-5-18,37-5-19.

Discontinuance and abolition of county board of education in certain counties, see §37-7-723.

OPINIONS OF THE ATTORNEY GENERAL

It is the responsibility of the county board of supervisors to reapportion the board of education districts, which responsibility includes the payment of expenses related to that reapportionment. Clearman, Jan. 11, 2002, A.G. Op. #01-0783.

Even if school district boundaries are changed by the board of trustees pursuant to Section 37-5-1, an individual elected to the board on November 5, 2002, should serve the full term of six years and the remaining members of the board should continue to serve their existing terms as well. Pope, Nov. 15, 2002, A.G. Op. #02-0647.

RESEARCH REFERENCES

ALR.

Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board. 105 A.L.R. Fed. 254.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 124 et seq.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

County board of education, and its president, as agents of state, may appeal without giving bond. County Board of Education v. Smith, 239 Miss. 53, 121 So. 2d 139, 1960 Miss. LEXIS 266 (Miss. 1960).

§ 37-5-3. Residency requirements of members of board; qualifications of electors.

No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education. Qualified electors residing within a municipal separate school district or special municipal separate school district shall not be eligible to vote or participate in the election of members of the county board of education.

The provisions of this section shall be applicable in the case of a special municipal separate school district and a line consolidated school district of which another county is the home county which together occupy all of the territory of a supervisors district of the county.

HISTORY: Codes, 1942, § 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; Laws, 1954, ch. 283, § 1; Laws, 1958, ch. 309, § 1; Laws, 1960, ch. 297, § 1; Laws, 1962, ch. 342, eff from and after passage (approved May 21, 1962).

RESEARCH REFERENCES

ALR.

Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board. 105 A.L.R. Fed. 254.

§ 37-5-5. Repealed.

Repealed by Laws, 1988, ch. 444, § 3, eff from and after August 9, 1988 (the date the United States Attorney General interposed no objection to the repeal of this section).

[Codes, 1942, 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; Laws, 1954, ch. 283, § 1; Laws, 1958, ch. 309, § 1; Laws, 1960, ch. 297, § 1; Laws, 1962, ch. 342]

Editor’s Notes —

Former §37-5-5 pertained to at-large school board members.

§ 37-5-7. Time of election and terms of office of members of board.

  1. On the first Tuesday after the first Monday in May, 1954, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter. At such election, the members of the said board from Supervisors Districts One and Two shall be elected for the term expiring on the first Monday of January, 1957; members of the board from Supervisors Districts Three and Four shall be elected for a term expiring on the first Monday of January, 1959; and the member of the board from Supervisors District Five shall be elected for a term expiring on the first Monday of January, 1955. Except as otherwise provided in subsection (2), all subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. All members of the county board of education as herein constituted, shall take office on the first Monday of January following the date of their election.
  2. On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At said election the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of 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.
    1. 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:
      1. 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;
      2. 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
      3. 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.
    2. 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.

HISTORY: Codes, 1942, § 6271-02; Laws, 1953, Ex Sess ch. 10, § 2; Laws, 1954, ch. 283, § 2; Laws, 1958, ch. 309, § 2; Laws, 1988, ch. 444, § 2; Laws, 2016, ch. 464, § 3; Laws, 2016, ch. 466, § 3; Laws, 2017, ch. 436, § 3, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 3 of ch. 464, Laws of 2016, effective July 1, 2016 (approved May 10, 2016, 11:02 a.m.), amended this section. Section 3 of ch. 466, Laws of 2016, effective July 1, 2016 (approved May 10, 2016, 11:10 a.m.), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 5, 2016, meeting of the Committee.

Amendment Notes —

The first 2016 amendment (ch. 464) added (3).

The second 2016 amendment (ch. 466) added (4).

The 2017 amendment inserted “two” preceding “(2) years” at the end of the second sentence of (2); and added (5).

Cross References —

Greenwood-Leflore School District, see §37-7-104.6.

Holms County Consolidated School District, see §37-7-104.7.

Chickasaw County School District, see §37-7-104.8.

OPINIONS OF THE ATTORNEY GENERAL

Even if school district boundaries are changed by the board of trustees pursuant to Section 37-5-1, an individual elected to the board on November 5, 2002, should serve the full term of six years and the remaining members of the board should continue to serve their existing terms as well. Pope, Nov. 15, 2002, A.G. Op. #02-0647.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 76.

CJS.

78 C.J.S., Schools and School Districts §§ 159, 173-175.

§ 37-5-9. Nominating petition; election; runoff election [Effective until July 1, 2019].

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 prior to the date of such 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 such supervisors district.The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.

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 outside of the territory embraced within a municipal separate school district or special municipal separate school district.The candidate who receives the highest number of votes cast in the election shall be declared elected.

In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.

HISTORY: Codes, 1942, § 6271-03; Laws, 1953, Ex Sess ch. 10, § 3; Laws, 1954, ch. 283, § 3; Laws, 1958, ch. 309, § 3; Laws, 1978, ch. 392, § 1; Laws, 2009, ch. 470, § 1 (see Editor’s Note).

Editor’s Notes —

Laws of 2009, ch. 470, §§ 6 and 7 provide:

“SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2009, whichever is later.”

By letter dated August 28, 2009, the United States Attorney General interposed no objection to the change in the general election date provided for in Chapter 470, Laws of 2009. As for the proposed changes from a plurality vote to a majority vote requirement for county school board members, for trustees for certain municipal separate school districts and for trustees for special municipal school districts, and the requirement that a runoff election be held three weeks after the election if no candidate received a majority, the U.S. Attorney General requested additional information from the state. After review of the information provided by the state, the U.S. Attorney General concluded that the state had not met its burden of showing that the proposed changes had neither a discriminatory purpose nor a discriminatory effect, and by letter dated March 24, 2010, objected to the proposed change from plurality to majority vote and the runoff requirement provided for in Chapter 470, Laws of 2009.

Amendment Notes —

The 2009 amendment rewrote the section.

RESEARCH REFERENCES

ALR.

Applicability and application of § 2 of Voting Rights Act of 1965 (42 USCS § 1973) to members of school board. 105 A.L.R. Fed. 254.

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 168-171.

§ 37-5-9. Nominating petition; election; runoff election [Effective July 1, 2019].

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 prior to the date of such 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 such supervisors district. The candidate in each supervisors district who receives the majority of votes cast in the district shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election.

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 outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the majority of votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election.

In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.

HISTORY: Codes, 1942, § 6271-03; Laws, 1953, Ex Sess ch. 10, § 3; Laws, 1954, ch. 283, § 3; Laws, 1958, ch. 309, § 3; Laws, 1978, ch. 392, § 1; Laws, 2009, ch. 470, § 1 (see Editor’s Note); Laws, 2019, ch. 308, § 1, eff from and after July 1, 2019.

§§ 37-5-11 through 37-5-17. Repealed.

Repealed by Laws, 1988, ch. 444, § 3, eff from and after June 15, 1988 (the date the United States Attorney General interposed no objection to the repeal of this section).

§37-5-11. [Codes, 1942, § 6271-03.5; Laws, 1958, ch. 309, § 4; Laws, 1960, ch. 298, §§ 1-3; Laws, 1966, ch. 404, § 1; Laws, 1968, ch. 396]

§37-5-13. [Codes, 1942, § 6271-03.5; Laws, 1958, ch. 309, § 4; Laws, 1960, ch. 298, §§ 1-3; Laws, 1966, ch. 404, § 1; Laws, 1968, ch. 396]

§37-5-15. [Codes, 1942, § 6271-03.7; Laws, 1966, ch. 431, §§ 1-8; Laws, 1968, ch. 397, § 1]

§37-5-17. [Codes, 1942, §§ 6271-21, 6271-22, 6271-23, 6271-24, 6271-25, 6271-26; Laws, 1966, ch. 428, §§ 1-6]

Editor’s Notes —

Former §37-5-11 pertained to the election of county board of education members at large, and the manner of holding an election.

Former §37-5-13 authorized the election of members of the county board of education at large.

Former §37-5-15 pertained to the election of county at-large members in counties within the Yazoo-Mississippi Delta Levee District.

Former §37-5-17 authorized the election of members from county at large in counties with a population between 47,000 and 50,000.

§ 37-5-18. Election of members from special board of education districts in certain counties.

In any county bordering on the Mississippi Sound and having therein at least four (4) municipal separate school districts, each member of the county board of education established by Section 37-5-1 for such county shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner:

The board of education of such a county shall apportion the county into five (5) board of education districts in the territory outside the municipal separate school districts and these board of education districts shall be divided as nearly equal as possible according to population, incumbency and other factors heretofore pronounced by the courts. The board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said 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 education of said county, said new district lines will thereafter be effective.

All incumbents now holding office within the district as presently constituted shall continue holding their respective offices provided they reside within the new district for the remainder of the term of office to which they have heretofore been elected and all members from the respective district shall be elected from the new board of education district constituted as herein provided in the same manner provided by law for the election of members of the county board of education. Any vacancies in the office, whether occasioned by redistricting or by other cause, shall be filled in the manner presently provided by law for the filling of vacancies.

HISTORY: Laws, 1976, ch. 322; Laws, 2002, ch. 598, § 2, eff July 22, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

The United States Attorney General, by letter dated July 22, 2002, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2002, ch. 598 §§ 5 and 6.

Amendment Notes —

The 2002 amendment substituted “board of education” for “board of supervisors” four times.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

§ 37-5-19. Filling of vacancies on board.

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. Said appointee shall be selected from the qualified electors of the 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.

In the event the vacancy occurs more than five (5) months prior to 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 such 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 said 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 such a special election shall serve for the remainder of the unexpired term.

HISTORY: Codes, 1942, § 6271-04; Laws, 1953, Ex Sess ch. 10, § 4; Laws, 1960, ch. 299; Laws, 2013, ch. 331, § 2; Laws, 2013, ch. 363, § 2, eff July 16, 2013 (the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965).

Editor’s Notes —

This section was amended by two bills in 2013. The effective date of each of the two bills that amended this section, Chapter 331 (House Bill No. 975) and Chapter 363 (Senate Bill No. 2779), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bills were approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 331 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated July 9, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 331 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 331, so Chapter 331 became effective on the date of the response letter from the United States Attorney General, July 9, 2013.

Chapter 363 was not submitted before the Shelby County decision, but the Mississippi Attorney General’s Office submitted Chapter 363 to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated July 16, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 363 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 363, so Chapter 363 became effective from and after July 16, 2013, the date of the United States Attorney General’s response letter. Because that date is later than the date of the response letter for Chapter 331, the version of this section in Chapter 363 is the controlling version of this section.

As set out above, this section reflects the amendments to the section by Chapter 363.

Amendment Notes —

The 2013 amendment (ch. 331) added the last sentence in the first paragraph of the second version of the section.

The 2013 amendment (ch. 363) added the last sentence of the first paragraph.

OPINIONS OF THE ATTORNEY GENERAL

Mississippi Supreme Court has held on numerous occasions that terms of statute dealing with specific subject control over terms of statute dealing with subject in general; as 23-15-839 is general statute, provisions of 37-5-19 are controlling as to procedure that must be followed to fill vacancy on county board of education. Crawford, August 29, 1990, A.G. Op. #90-0637.

Interim school board appointee, who was appointed to serve until first Monday of January, following special election to fill vacancy in accordance with Miss. Code Section 37-5-19, would likewise be authorized to hold over until his or her successor is selected and qualified to assume duties; therefore, interim appointee whose term expired on January 4, was entitled to continue to serve on school board until vacancy is again filled by board; however, in order to avoid any possible conflict of interest, it is suggested that interim appointee not participate in filling of vacancy. Berkley, Jan. 6, 1993, A.G. Op. #92-1001.

If two members of school board disagree with suggested appointee to board, and they certify said disagreement to county election commission, interim appointee would be authorized to hold over until special election is held in accordance with Miss Code Section 37-5-19. Berkley, Jan. 6, 1993, A.G.Op #92-1001.

Where vacancy is created on school board, appointment is to be filled in accordance with Miss. Code Section 37-5-19, and individual appointed to fill said vacancy will serve until new election can be held. Rohman, Feb. 2, 1993, A.G. Op. #93-0085.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 76.

CJS.

78 C.J.S., Schools and School Districts §§ 159, 173-175.

§§ 37-5-21 through 37-5-41. Repealed.

Repealed by Laws, 1986, ch. 492, § 44, eff from and after July 1, 1987.

§37-5-21. [Codes, 1942, § 6271-05; Laws, 1953, Ex Sess ch. 10, § 5; Laws, 1955, Ex Sess ch. 47, § 1; Laws, 1960, ch. 308, § 2; Laws, 1962, ch. 343; Laws, 1966, ch. 405, § 1; Laws, 1970, ch. 523, § 1; Laws, 1972, ch. 392, § 1; Laws, 1975, ch. 488; Laws, 1979, ch. 449; Laws, 1983, ch. 544]

§37-5-23. [Codes, 1942, § 6271-07; Laws, 1953, Ex Sess ch. 10, § 7]

§37-5-25. [Codes, 1942, § 6271-07; Laws, 1953, Ex Sess ch. 10, § 7]

§37-5-27. [Codes, 1942, § 6274-01; Laws, 1953, Ex Sess ch. 16, § 1; Laws, 1954, ch. 267, § 1; Laws, 1962, ch. 378]

§37-5-29. [Codes, 1942, § 6271-06; Laws, 1953, Ex Sess ch. 10, § 6]

§37-5-31. [Codes, 1942, § 6274-03; Laws, 1953, Ex Sess ch. 16, § 3; Laws, 1985, ch. 391, § 3; Laws, 1985, ch. 460, § 1]

§37-5-33. [Codes, 1942, § 6274-07; Laws, 1953, Ex Sess ch. 16, § 7]

§37-5-35. [Codes, 1930, § 6844; 1942, § 6673; Laws, 1928, Ex Sess ch. 34; Laws, 1930, ch. 278]

§37-5-37. [Codes, 1930, § 6789; 1942, § 6632; Laws, 1924, ch. 283; Laws 1930, ch. 278; Laws, 1934, ch. 264]

§37-5-39. [Laws, 1973, ch. 415, § 1]

§37-5-41. [Laws, 1974, ch. 355; Laws, 1985, ch. 474, § 46; Laws, 1986, ch. 438, § 12]

Editor’s Notes —

Former §37-5-21 provided for compensation of members of the county board of education.

Former §37-5-23 pertained to bonding of the county board of education.

Former §37-5-25 related to the recording of votes of members of the county board of education.

Former §37-5-27 related to meetings of a county board of education.

Former §37-5-29 related to the general powers and duties of county boards of education.

Former §37-5-31 related to control of school funds by county boards of education.

Former §37-5-33 permitted a county board of education to act as a central purchasing agency.

Former §37-5-35 permitted a county board of education to set up and operate orphanage public schools.

Former §37-5-37 authorized a county board of education to establish schools for Indians.

Former §37-5-39 authorized school boards to turn recreational areas under their control over to county boards of supervisors or municipalities during the summer months.

Former §37-5-41 authorized county boards of education and all public school boards of education to purchase liability insurance to cover their official actions.

County Superintendents of Education

§ 37-5-61. Creation; functions generally; election and term of office [Repealed effective January 1, 2019].

  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.

HISTORY: Codes, 1942, §§ 6271-08, 6271-10, 6274-05; Laws, 1953, Ex Sess ch. 10, §§ 8, 10; ch. 16, § 5; Laws, 1954, ch. 275; Laws, 1958, ch. 297; Laws, 1960, ch. 308, § 3; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; ch. 407, § 1; Laws, 1968, ch. 384, § 1; ch. 398, § 1; ch. 399; Laws, 1970, ch. 372, § 1; Laws, 2013, ch. 497, § 49; Laws, 2017, ch. 301, § 3, eff from and after passage (approved Jan. 17, 2017).

Editor’s Notes —

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Amendment Notes —

The 2013 amendment inserted “school district which are” following “of all schools in the county” in (3).

The 2017 amendment, effective January 17, 2017, added the last sentence of (4).

Cross References —

Constitutional authorization of office of county superintendent of public education, see Miss. Const. Art. 8, § 204.

Grounds and procedure for removal of county superintendent, see §37-1-7.

Certain counties excepted from the provisions of subsections (1) and (4) of this section, see §37-5-69.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., School and School Districts §§ 163-167 et seq.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

2. Relationship to other laws.

1. In general.

Candidate was not eligible to run for the office of county superintendent of education because he was a resident of a separate school district; the candidate did not present any evidence that he was a qualified elector of the county school district, the county superintendent of education served as the director of all schools within the county school district, which were outside the separate school district where the candidate resided. Basil v. Browning, 175 So.3d 1289, 2015 Miss. LEXIS 543 (Miss. 2015).

School Superintendent was liable, as well as county School Board members, for violating conflict of interest statute, although Superintendent was prohibited by statute from participating in decisions such as one underlying alleged conflict of interest in this case, because §37-11-27 names Superintendent as being among persons prohibited from making, authorizing, or entering any such contract; additionally, record reflected, without contradiction, that Superintendent did in fact execute contract and recommend payment of moneys under it. State ex rel. Pittman v. Ladner, 512 So. 2d 1271, 1987 Miss. LEXIS 2787 (Miss. 1987).

2. Relationship to other laws.

Section 5 of the Voting Rights Act of 1965 (42 USCS § 1973c) is applicable to the 1966 amendment of this section [Code 1942, § 6271-08], and approval of that amendment cannot be implemented until the approval of the Attorney General of the United States has been obtained. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

Section 5 of the Federal Voting Rights Act of 1965 [42 USCS § 1973c] which prevents the enforcement of “any voting qualification or prerequisite to voting, or standard, practice or procedure with respect to voting” different from that in effect on Nov. 1, 1964, unless the state of political subdivision complies with one of the section’s approval procedures, applied to the 1966 amendment to this section [Code, 1942, § 6271-08] providing that in 11 specified counties the county superintendent of education should be appointed by the board of education. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

§ 37-5-63. Establishment of position as appointive office [Repealed effective January 1, 2019].

Notwithstanding the provisions of Section 37-5-61, the office of county superintendent of education may be made appointive in any county in the manner herein provided. Upon the filing of a petition signed by not less than twenty percent (20%) of the qualified electors of such county, it shall be the duty of the board of supervisors of such county, within sixty (60) days after the filing of such petition, to call a special election at which there shall be submitted to the qualified electors of such county the question of whether the office of county superintendent of education of said county shall continue to be elective or shall be filled by appointment by the county board of education of said county. However, where a Class 3 county having an area in excess of eight hundred twenty-five (825) square miles has a county unit school system comprising less than an entire county, the petition shall only be signed by electors residing within the county unit school district and only electors of said district shall vote on the proposition of appointing the county superintendent of education.

The order calling such special election shall designate the date upon which same shall be held and a notice of such election, signed by the clerk of the board of supervisors, shall be published once a week for at least three (3) consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county then such notice shall be given by publication of same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county, one of which shall be at the door of the county courthouse in each judicial district.

Said election shall be held, as far as is practicable, in the same manner as other elections are held in such county and all qualified electors of the county may vote therein. If a majority of such qualified electors who vote in such election shall vote in favor of the appointment of the county superintendent of education by the county board of education then, at the expiration of the term of the county superintendent of education then in office, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the county board of education for a term of not more than four (4) years; otherwise, said office shall remain elective.

No special election shall be held in any county under the provisions of this section more often than once in every four (4) years, and no change from the elective to the appointive method of the selection of the county superintendent of education shall become effective except at the expiration of the term of the county superintendent of education in office at the time such election is held.

HISTORY: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, § 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 1970).

Editor’s Notes —

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Cross References —

Constitutional authorization of office of county superintendent of public education, see Miss. Const Art. 8, § 204.

Certain counties excepted from the provisions of this section, see §37-5-69.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 168-171.

JUDICIAL DECISIONS

1. In general.

Section 5 of the Voting Rights Act of 1965 (42 USC § 1973c) is applicable to the 1966 amendment of this section [Code 1942, § 6271-08], and approval of that amendment cannot be implemented until the approval of the Attorney General of the United States has been obtained. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

Section 5 of the Federal Voting Rights Act of 1965 [42 USC § 1973c] which prevents the enforcement of “any voting qualification or prerequisite to voting, or standard, practice or procedure with respect to voting” different from that in effect on Nov. 1, 1964, unless the state or political subdivision complies with one of the section’s approval procedures, applied to the 1966 amendment to this section [Code 1942, § 6271-08] providing that in 11 specified counties the county superintendent of education should be appointed by the board of education. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

§ 37-5-65. Reestablishment of position as elective office [Repealed effective January 1, 2019].

Where the office of county superintendent of education has been made appointive under the provisions of Section 37-5-63, the same may thereafter be made elective in such county by a petition filed and election held in the same manner provided in said section, all of the provisions of which shall be applicable to such proceedings. Where such change is made from the appointive method back to the elective method the same shall become effective at the date for the commencement of the term of office of other county offices next succeeding such election, and the county superintendent of education of such county shall be elected at the preceding election at the same time and in the same manner as other county officers are elected. Nothing herein shall be construed, however, to authorize the calling of a special election under any of the provisions of this section more often than once in any four years.

HISTORY: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, § 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 1970).

Editor’s Notes —

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Cross References —

Certain counties excepted from the provisions of this section, see §37-5-69.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 168-171.

JUDICIAL DECISIONS

1. In general.

Section 5 of the Voting Rights Act of 1965 (42 USC § 1973c) is applicable to the 1966 amendment of this section [Code 1942, § 6271-08], and approval of that amendment cannot be implemented until the approval of the Attorney General of the United States has been obtained. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

Section 5 of the Federal Voting Rights Act of 1965 [42 USC § 1973c] which prevents the enforcement of “any voting qualification or prerequisite to voting, or standard, practice or procedure with respect to voting” different from that in effect on Nov. 1, 1964, unless the state or political subdivision complies with one of the section’s approval procedures, applied to the 1966 amendment to this section [Code 1942, § 6271-08] providing that in 11 specified counties the county superintendent of education should be appointed by the board of education. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

§ 37-5-66. Appointment of superintendent by county board of education in certain counties.

Effective with the term of office beginning January 1, 2016, in any Class 1 county bordering the Mississippi River having a population in excess of thirty thousand (30,000), according to the 2010 federal decennial census, wherein Mississippi Highway 49 and U.S. Highway 61 intersect, the county superintendent of education shall be appointed by the county board of education.

HISTORY: Laws, 2015, ch. 458, § 1, eff from and after passage (approved Apr. 20, 2015).

§ 37-5-67. Authorization of appointment of county superintendent by county board of education in certain counties [Repealed effective January 1, 2019].

The county superintendent of education shall be appointed by the county board of education:

In any county of the first class lying wholly within a levee district and within which there is situated a city of more than forty thousand (40,000) population according to the last federal decennial census;

In any county bordering on the Gulf of Mexico or Mississippi Sound, having therein a test facility operated by the National Aeronautics and Space Administration;

In any county bordering on the Alabama state line, traversed by the Tombigbee River, and in which is situated a senior institution of higher learning;

In any county of the second class wherein Interstate Highway 55 and State Highway 22 intersect and which is also traversed in whole or in part by U. S. Highways 49 and 51, and State Highways 16, 17 and 43 and the Natchez Trace;

In any Class 4 county having population in excess of twenty-five thousand (25,000) according to the 1960 federal census, traversed by U. S. Highway 55 and wherein State Highways 12 and 17 intersect;

In any county created after 1916 through which the Yazoo River flows;

In any Class 4 county having a land area of six hundred ninety-five (695) square miles, bordering on the State of Alabama, wherein the Treaty of Dancing Rabbit was signed and wherein U. S. Highway 45 and State Highway 14 intersect;

In any county bordering on the Mississippi River wherein lies the campus of a land-grant institution or lands contiguous thereto owned by the institution;

In any county lying within the Yazoo-Mississippi Delta Levee District, bordering upon the Mississippi River, and having a county seat with a population in excess of twenty-one thousand (21,000) according to the federal census of 1960;

In any Class 3 county wherein is partially located a national forest and wherein U. S. Highway 51 and State Highway 28 intersect, with a 1960 federal census of twenty-seven thousand fifty-one (27,051) and a 1963 assessed valuation of Sixteen Million Six Hundred Ninety-two Thousand Three Hundred Four Dollars ($16,692,304.00); and

In any Class 1 county wherein U. S. Highway 49 and State Highway 16 intersect, having a land area in excess of nine hundred thirty square miles.

HISTORY: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch 398, § 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 1970).

Editor’s Notes —

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Cross References —

Constitutional authorization of office of county superintendent of public education, see Miss. Const. Art. 8, § 204.

Certain counties excepted from the provisions of this section, see §37-5-69.

OPINIONS OF THE ATTORNEY GENERAL

Since the amendments to this section provided for by Chapter 406 of Laws of 1966, Chapters 384 and 398 of Laws of 1968, and Chapter 372 of Laws of 1972 were never approved pursuant to Section 5 of the Voting Rights Act of 1965, they cannot be in effect; therefore, the office of superintendent of education of Hancock County, which county is covered by subsection (b) of this section, remains an elective office. Bourgeois, Nov. 5, 1995, A.G. Op. #95-0748.

Should provisions, such as those contained in this section, pending before the U.S. Department of Justice that mandate changing from elected to appointed superintendents of education in certain counties ever be approved by said department, such offices would, become appointive upon the expiration of the then current terms of the affected elected superintendents. Seal, Apr. 23, 2004, A.G. Op. 04-0166.

Should provisions, such as those contained in this section, be approved under Section 5 of the Voting Rights Act, no election would be required to effectuate a change from elected to appointed superintendents in the affected counties. Seal, Apr. 23, 2004, A.G. Op. 04-0166.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 168-171.

JUDICIAL DECISIONS

1. In general.

Section 5 of the Voting Rights Act of 1965 (42 USC § 1973c) is applicable to the 1966 amendment of this section [Code 1942, § 6271-08], and approval of that amendment cannot be implemented until the approval of the Attorney General of the United States has been obtained. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

Section 5 of the Federal Voting Rights Act of 1965 [42 USC § 1973c] which prevents the enforcement of “any voting qualification or prerequisite to voting, or standard, practice or procedure with respect to voting” different from that in effect on Nov. 1, 1964, unless the state or political subdivision complies with one of the section’s approval procedures, applied to the 1966 amendment to this section [Code 1942, § 6271-08] providing that in 11 specified counties the county superintendent of education should be appointed by the board of education. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

§ 37-5-68. County superintendent to be appointed in certain counties; referendum on question of changing from elective method.

Effective with the term of office beginning on January 1, 2012, the county superintendent of education shall be appointed by the county board of education in any county wherein is located the state’s oldest state-supported university, having a population in excess of thirty-eight thousand (38,000) according to the 2000 federal decennial census and in which Mississippi Highways 6 and 7 intersect. Provided, however, if at any time prior to January 1, 2010, or ninety (90) days following August 10, 2009, whichever is earlier, a petition signed by not less than twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the registered, qualified electors of such county, exclusive of the municipal separate school district boundaries, is filed with the county board of education requesting that a referendum be called on the question of changing from the elective method of selecting the county superintendent of education to the appointive method, then the county board of education shall adopt, not later than the next regular meeting, a resolution calling a referendum to be called and held within the county school district boundaries upon the question. The referendum shall be scheduled for not more than six (6) weeks after the date such petition is filed with the board. When a referendum has been called, notice of the referendum shall be published at least five (5) days per week, unless the only newspaper published in the county school district is published less than five (5) days per week, for at least three (3) consecutive weeks, in at least one (1) newspaper published in the county school district. The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the referendum, and the last publication shall be made not more than seven (7) days before that date. If no newspaper is published in the county school district, then the notice shall be published in a newspaper having a general circulation in the county school district. The referendum shall be held, as far as is practicable, in the same manner as other referendums and elections are held in the county. At the referendum, all registered, qualified electors of the county school district, exclusive of the municipal separate school district boundaries, may vote. The ballots used at the referendum shall have printed thereon a brief statement of the purpose of the referendum and the words “FOR CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION,” and “AGAINST CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION.” The voter shall vote by placing a cross (X) or checkmark (Π) opposite his choice on the proposition. If a majority of the registered, qualified electors of the county school district who vote in the referendum vote in favor of the question, then the change in selection method shall be approved. However, if a majority of the registered, qualified electors who vote in the referendum vote against the question, the change in selection method shall not be approved.

HISTORY: Laws, 2009, ch. 431, § 1, eff Aug. 10, 2009 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the enactment of this section.).

Editor’s Notes —

On August 10, 2009, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the enactment of this section by Laws of 2009, ch. 431.

§ 37-5-69. Abolition of office in certain counties; exception of certain counties from provisions concerning choosing of superintendent [Repealed effective January 1, 2019].

In any county organizing a countywide municipal separate school district after the first day of January, 1965, the office of county superintendent of education is hereby abolished. There is excepted from the provisions of subsections (1) and (4) of Section 37-5-61, Sections 37-5-63 through 37-5-67, subsection (1) of Section 37-5-73, and Section 37-5-75, any county of the first class which has a land area of less than four hundred fifty square miles, and has located therein a municipality of more than fifteen thousand population, according to the 1950 federal decennial census.

HISTORY: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, § 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 1970).

Editor’s Notes —

Section 37-5-73 referred to in this section was repealed by Laws of 1986, ch. 492, § 84, eff from and after July 1, 1987.

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Cross References —

Constitutional authorization for abolition of office of county superintendent of education, see Miss. Const. Art. 8, § 204.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

§ 37-5-71. Selection and qualifications of superintendent; persons disqualified from participating in election of superintendent [Repealed effective January 1, 2019].

  1. The county superintendents of education shall be elected in the manner prescribed by the provisions of this chapter, unless the school district is being reconstituted as provided in Section 37-17-13 or unless such office be made appointive as provided in this chapter, in which case the county superintendent shall be appointed by the county board of education or by the trustees of a separate school district embracing an entire county with a population of fifteen thousand (15,000) or less, as provided in subsection (2) of Section 37-7-203. However, in the event that a vacancy in the elective 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. In all cases he shall have such qualifications as prescribed by Section 37-9-13 and receive such compensation as established under Section 37-9-37.
  2. All qualified electors residing within any municipal separate or special municipal separate school district shall not vote in the election for the county superintendent of education:
    1. In all counties of the second class which have a population, according to the 1960 federal decennial census of at least thirty-three thousand (33,000) and less than thirty-four thousand (34,000), and having a city located therein which is the Southern Division of the A.T. S.F. Railroad Company;
    2. In all counties of the fourth class which have a population, according to the 1960 federal decennial census, in excess of twenty-six thousand (26,000) and less than twenty-seven thousand (27,000), and having located therein the Mississippi State University of Agriculture and Applied Science;
    3. In all counties of the first class which have a population, according to the 1960 federal decennial census, in excess of forty-six thousand (46,000) and less than forty-seven thousand (47,000), and having located therein the Mississippi University for Women;
    4. In any county bordering on the Mississippi Sound and having a population in excess of one hundred thousand (100,000), according to the 1960 federal decennial census, and having an assessed valuation in excess of Seventy Million Dollars ($70,000,000.00);
    5. In any county having a population in excess of eight thousand (8,000) and less than nine thousand (9,000), and having an assessed valuation in excess of Five Million Dollars ($5,000,000.00) but less than Six Million Dollars ($6,000,000.00) in 1960;
    6. In any county having a population in excess of twenty-two thousand (22,000) and less than twenty-three thousand (23,000) in 1960, and having a total assessed valuation in excess of Thirteen Million Dollars ($13,000,000.00) in 1960;
    7. In any county having a population in excess of fifty-nine thousand (59,000) but less than sixty thousand (60,000), according to the 1960 federal decennial census;
    8. In any county bordered on the east by the Alabama line and on the south by the Mississippi Sound;
    9. In any county where Mississippi Highway 35 crosses U.S. Highway 80 and whose population, according to the 1960 regular census, was between twenty-one thousand (21,000) and twenty-two thousand (22,000), and in which there are located four (4) or more chicken packing plants, one (1) zipper plant and one or more factories manufacturing Sunbeam electrical appliances;
    10. In any county having a population of twenty-six thousand one hundred ninety-eight (26,198) according to the 1970 census wherein Highways 51 and 84 intersect;
    11. In any county having a municipal separate school district lying therein, having a population in excess of twenty-one thousand (21,000) but less than twenty-one thousand five hundred (21,500), according to the 1960 decennial census, and having a combined assessed valuation in 1963 in excess of Sixteen Million Nine Hundred Thousand Dollars ($16,900,000.00) but less than Seventeen Million Dollars ($17,000,000.00) according to the State Tax Commission’s compilation;
    12. In any county where Mississippi Highway 15 crosses Mississippi Highway 16, whose population was more than twenty thousand (20,000) and less than twenty-one thousand (21,000), according to the regular 1960 census, and within which there is located a Choctaw Indian reservation and school operated by the United States government;
    13. In any county where U.S. Highway 45W Alternate intersects Mississippi Highway 50, and having a population of eighteen thousand nine hundred thirty-three (18,933), according to the 1960 federal census;
    14. In any county having a population in excess of forty thousand five hundred (40,500), according to the 1960 federal decennial census, wherein U.S. Highways 78 and 45 intersect, and wherein there is a United States fish hatchery;
    15. In any county being traversed by Mississippi Highway 15 and U.S. Interstate Highway 20;
    16. In all counties wherein there is located a national military park and a national cemetery;
    17. In any county where U.S. Highway 82 crosses U.S. Interstate Highway 55 and having a population of twelve thousand three hundred eighty-seven (12,387) according to the 1990 federal decennial census;
    18. In any county where U.S. Highway 49E and U.S. Highway 82 intersect, and having a population of thirty-seven thousand three hundred forty-one (37,341) according to the 1990 federal decennial census;
    19. In any county bordering the Mississippi River on the west and with a population of less than thirty-one thousand (31,000), according to the 2000 federal decennial census, and with a county seat in which U.S. Highway 49 and U.S. Highway 61 intersect.

      In any such county, however, the county superintendent of education may be a resident of a municipal separate school district or special municipal separate school district.

  3. The qualified electors residing within the municipal separate school districts shall not participate in the election of the county superintendent of education:
    1. In any county having a population of more than twenty-seven thousand (27,000) and less than twenty-eight thousand (28,000) and containing therein a municipality having a population in excess of three thousand (3,000), according to the 1960 federal decennial census;
    2. In any Class 1 county wherein is located a state-supported university and a National Guard camp, and in which Interstate Highway 59 and U.S. Highway 49 intersect;
    3. In any Class 4 county having two (2) judicial districts, wherein is partially located a national forest, and wherein Mississippi Highways 8 and 15 intersect;
    4. In any Class 2 county, the southern boundary of which partially borders on the State of Louisiana, traversed by U.S. Highway 98 which intersects Mississippi Highway 13, with a land area of five hundred fifty (550) square miles and having a population of twenty-three thousand two hundred ninety-three (23,293) in the 1960 federal decennial census;
    5. In any county bordering on the Gulf of Mexico or the Mississippi Sound having therein a test facility operated by the National Aeronautics and Space Administration;
    6. In any county having a population in excess of twenty-seven thousand one hundred seventy-nine (27,179) according to the 1970 federal decennial census, wherein U.S. Highways 45 and 72 intersect; and
    7. In any Class 1 county bordering on the Pearl River in which U.S. Highway 80 intersects Mississippi Highway 18 and having a population, according to the federal decennial census of 1970, of forty-three thousand nine hundred thirty-three (43,933).
  4. The county superintendent of education, with the approval of the county board of education by its first having adopted a resolution of approval and spread upon its minutes, shall be elected from the county at large, exclusive of the municipal separate school district boundaries:
    1. In any county bordering on the State of Tennessee having a land area of seven hundred ten (710) square miles, wherein is located part of a national forest, and wherein U.S. Highway 78 and Mississippi Highway 7 intersect;
    2. In any Class 4 county wherein is located the state’s oldest state-supported university, in which Mississippi Highways 6 and 7 intersect. Provided, however, that if the method of selecting the county superintendent of education in such county is changed from an elective method to an appointive method, pursuant to the provisions of Section 37-5-68, this paragraph (b) shall stand repealed; and
    3. In any county having a population in excess of seventeen thousand (17,000) and less than eighteen thousand (18,000), according to the 1970 federal decennial census, wherein Mississippi Highways 6 and 9 intersect.
  5. In any county having a municipality of between forty-nine thousand (49,000) and fifty thousand (50,000) population according to the 1960 federal census, and adjoining the Alabama line, wherein U.S. Highways 80 and 45 intersect, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.
  6. In any county traversed by the Natchez Trace Parkway wherein U.S. Highway 45 and Mississippi Highway 4 intersect and having a population of seventeen thousand nine hundred forty-nine (17,949) according to the 1960 federal census, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.

HISTORY: Laws, 1978, ch. 412, § 1; Laws, 1980, ch. 398, § 1; Laws, 1981, ch. 317, § 1; Laws, 1992, ch. 396 § 2; Laws, 2000, ch. 506, § 1; Laws, 2006, ch. 552, § 1; Laws, 2009, ch. 431, § 2; Laws, 2012, ch. 525, § 3; Laws, 2017, ch. 301, § 4, eff from and after passage (approved Jan. 17, 2017).

Editor’s Notes —

The United States Attorney General, by letter dated August 11, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2000, ch. 506, § 1.

On August 10, 2009, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2009, ch. 431.

By letter dated September 24, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 525, Laws of 2012.

Section 27-3-4 provides that the term “State Tax Commission” shall mean the Department of Revenue.

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Amendment Notes —

The 2000 amendment substituted “as established under Section 37-9-37” for “as prescribed by Section 37-9-13, if he is elected, or an amount established under Section 37-9-37, if he is appointed” in (1); and added (2)(q) and (r).

The 2006 amendment added (2)(s).

The 2009 amendment added the last sentence in (4)(b).

The 2012 amendment inserted “unless the school district is being reconstituted as provided in Section 37-17-13” in the first sentence of (1).

The 2017 amendment, effective January 17, 2017, added the next-to-last sentence of (1).

Cross References —

Residency requirements of electors of county boards of education generally, see §37-5-3.

OPINIONS OF THE ATTORNEY GENERAL

If a School District is not a municipal separate or special municipal separate school district then while the resident voters of the municipal separate and special municipal separate school districts are prevented from voting in the superintendent of education election by subsection (2)(a) of this section, there is no prohibition against the County voters who reside within that School District voting in the election. Chamberlin, February 1, 1995, A.G. Op. #95-0018.

An interim superintendent of education, whether elected or appointed, must be a county resident and must meet the same qualifications provided for in Miss. Code Section 37-9-13 for other superintendents. Johnson, Aug. 8, 1997, A.G. Op. #97-0227.

A qualified elector and resident of the municipal separate school district in Pontotoc County may not be a candidate for the office of county superintendent of education provided the county board of education has in fact adopted a resolution of approval of such method of election for that office; if the board has not adopted the required resolution, a qualified elector and resident of the school district could be a candidate for the office of superintendent of education provided he or she meets all other qualifications to hold said office. Austin, Mar. 7, 2003, A.G. Op. #03-0116.

Qualified electors of Holmes County who reside within the municipal separate school district are statutorily entitled to vote in the election of the county superintendent of education. Hart, July 7, 2003, A.G. Op. 03-1313.

Residents of the Yazoo City Municipal School District are not permitted to vote in any election for the Superintendent of Education for the Yazoo County School District. Clark, Oct. 31, 2003, A.G. Op. 03-0565.

Move by the superintendent of education for a county school district within city limits would not disqualify him as the county superintendent. Burrell, Oct. 27, 2006, A.G. Op. 06-0535.

A qualified elector of Alcorn County who resides within a municipal separate school district is not eligible to be a candidate for Alcorn County Superintendent of Education, as described in Miss. Code Ann. §37-5-71(3)(f). Follin-King, February 9, 2007, A.G. Op. #07-00058, 2007 Miss. AG LEXIS 13.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 168-171.

JUDICIAL DECISIONS

1. Eligibility.

For counties not identified in subsection (2), qualified electors of a municipal separate school district or special municipal separate school district are not eligible to run for the office of county superintendent of education. Basil v. Browning, 175 So.3d 1289, 2015 Miss. LEXIS 543 (Miss. 2015).

Candidate was not eligible to run for the office of county superintendent of education because he was a resident of a separate school district; the candidate did not present any evidence that he was a qualified elector of the county school district, the county superintendent of education served as the director of all schools within the county school district, which were outside the separate school district where the candidate resided. Basil v. Browning, 175 So.3d 1289, 2015 Miss. LEXIS 543 (Miss. 2015).

§ 37-5-73. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

[Codes, 1942, §§ 6271-08, 6271-09; Laws, 1953, Ex Sess ch. 10, §§ 8, 9; Laws, 1957, Ex Sess ch. 14; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; Laws, 1968, ch 398, § 1; Laws, 1970, ch. 372, § 1]

Editor’s Notes —

Former §37-5-73 related to qualifications of a superintendent. For present similar provisions, see §§37-5-71,37-9-13.

§ 37-5-75. Filling of vacancy in office [Repealed effective January 1, 2019].

If a vacancy shall occur in the elective office of the county superintendent of education elected at the November 2015 general election before January 1, 2019, the office of superintendent of school shall immediately become an appointed position, and such vacancy shall be filled by appointment by the county board of education. In such case the person so appointed by the county board of education shall hold office under the terms and for the duration of the employment contracted issued by the board of education under the authority of Section 37-9-25.

HISTORY: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, § 1; Laws, 1970, ch. 372, § 1; Laws, 2000, ch. 592, § 16; Laws, 2017, ch. 301, § 5, eff from and after passage (approved Jan. 17, 2017).

Editor’s Notes —

The United States Attorney General, by letter dated July 28, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2000, ch. 592, § 16.

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Amendment Notes —

The 2000 amendment substituted “Section 23-15-839” for “section 23-5-197.”

The 2017 amendment, effective January 17, 2017, rewrote the section, which read: “If a vacancy shall occur in the office of county superintendent of education, such vacancy shall be filled by appointment by the county board of education. If the unexpired term shall exceed six (6) months, it shall be the duty of the board of supervisors of the county to call a special election to fill such vacancy for such unexpired term, which said election shall be called and held in the manner provided by Section 23-15-839. In such case the person so appointed by the county board of education shall hold office only until such election is held and the person elected thereat shall qualify and enter upon the discharge of his duties.”

Cross References —

Provisions providing that all public school districts have a common system of administration after July 1, 1987, see §§37-6-1 et seq.

Certain counties excepted from the provisions of this section, see §37-5-69.

OPINIONS OF THE ATTORNEY GENERAL

In the event of a superintendent vacancy, the school board must appoint an interim superintendent to fill the unexpired term or to serve until a successor is elected, and if that term exceeds six months, the board of supervisors must call for a special election to fill the vacancy. Johnson, Aug. 8, 1997, A.G. Op. #97-0227.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 76.

CJS.

78 C.J.S., Schools and School Districts §§ 159, 173-175.

§§ 37-5-77 through 37-5-105. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

§37-5-77. [Codes, 1942, § 6252-02; Laws, 1953, Ex Sess ch. 19, § 2; Laws, 1955, Ex Sess ch. 54]

§37-5-79. [Codes, 1942, § 6252-11; Laws, 1953, Ex Sess ch. 19, § 11]

§37-5-81. [Codes, 1942, § 6252-03; Laws, 1953, Ex Sess ch. 19, § 3; Laws, 1962, ch. 339]

§37-5-83. [Codes, 1942, § 6271-10; Laws, 1953, Ex Sess ch. 10, § 10; Laws, 1954, ch. 275; Laws, 1958, ch. 297; Laws, 1960, ch. 308, § 3; Laws, 1966, ch. 407, § 1; Laws, 1968, ch. 399; Laws, 1981, ch. 373, § 1]

§37-5-85. [Codes, 1942, § 6252-02; Laws, 1953, Ex Sess ch. 19, § 2; Laws, 1955, Ex Sess ch. 54]

§37-5-87. [Codes, 1942, § 6252-05; Laws, 1953, Ex Sess ch. 19, § 5]

§37-5-89. [Codes, 1942, § 6252-12; Laws, 1953, Ex Sess ch. 19, § 12; Laws, 1956, ch. 276; Laws, 1966, ch. 403, § 1]

§37-5-91. [Codes, 1942, § 6252-07; Laws, 1953, Ex Sess ch. 19, § 7; Laws, 1954, ch. 276, § 1; Laws, 1964, 1st Ex Sess ch. 28, §§ 1-4; Laws, 1981, ch. 499, § 2]

§37-5-93. [Codes, 1942, § 6252-07; Laws, 1953, Ex Sess ch. 19, § 7; Laws, 1954, ch. 276, § 1; Laws, 1964, 1st Ex Sess ch. 28, §§ 1-4; Laws, 1980, ch. 315]

§37-5-95. [Codes, 1942, § 6274-05; Laws, 1953, Ex Sess ch. 16, § 5]

§37-5-97. [Codes, 1942, § 6252-06; Laws, 1953, Ex Sess ch. 19, § 6]

§37-5-99. [Codes, 1942, § 6252-08; Laws, 1953, Ex Sess ch. 19, § 8]

§37-5-101. [Codes, 1942, § 6274-08; Laws, 1953, Ex Sess ch. 16, § 8]

§37-5-103. [Codes, 1942, § 6252-09; Laws, 1953, Ex Sess ch. 19, § 9]

§37-5-105. [Codes, 1942, § 6274-04; Laws, 1953, Ex Sess ch. 16, § 4; Laws, 1977, ch. 376; Laws, 1985, ch. 460, § 2]

Editor’s Notes —

Former §37-5-77 related to the bonding of a county superintendent of education.

Former §37-5-79 prohibited a county superintendent of education from teaching in any school while he was in office.

Former §37-5-81 pertained to the office and supplies for a county superintendent of education.

Former §37-5-83 contained provisions for compensation of a county superintendent of education.

Former §37-5-85 provided for the appointment of a warrant deputy county superintendent of education.

Former §37-5-87 provided for the employment and compensation of school supervisors.

Former §37-5-89 pertained to the employment and compensation of clerical help in the office of the county superintendent of education.

Former §37-5-91 related to the general powers and duties of county superintendents of education.

Former §37-5-93 authorized a county superintendent of education to serve as a special fiscal officer.

Former §37-5-95 required a county superintendent of education to keep minutes of the county board of education.

Former §37-5-97 required a county superintendent of education to keep records of his official acts.

Former §37-5-99 required a county superintendent to submit special reports on the status of superintendents, principals and teachers.

Former §37-5-101 required a county superintendent of education to serve as the superintendent of a county-wide school district.

Former §37-5-103 provided for settlement of disputes and controversies arising in public schools of a county.

Former §37-5-105 required a county superintendent of education to maintain a record in his office styled the “Docket of Claims”.

Chapter 6. Mississippi Uniform School Law

§ 37-6-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Uniform School Law of 1986.”

HISTORY: Laws, 1986, ch. 492, § 1, eff from and after July 1, 1987.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-6-3. Application of chapter; definitions; construction of references to “administrative superintendent”.

  1. From and after July 1, 1987, all school districts in the State of Mississippi shall have the same prerogatives, powers, duties and privileges as provided in this chapter.
  2. As used in this chapter, the term “school board” shall mean (a) the county board of education of any countywide school district in this state; and (b) the board of trustees of any municipal separate, special municipal separate, consolidated or line consolidated school district in this state.
  3. As used in this chapter, the term “superintendent” or “superintendent of schools” shall mean (a) the county superintendent of education of any countywide school district in this state whose duties require the supervision of students; and (b) the superintendent of any municipal separate, special municipal separate, consolidated or line consolidated school district in this state.
    1. As used in this chapter, the term “administrative superintendent” shall mean those countywide school superintendents who do not supervise any instructional facility or students and whose duties are prescribed in Section 37-9-16, Mississippi Code of 1972.
    2. This subsection shall stand repealed from and after January 1, 1992, and after such date all references to the “administrative superintendent” in this chapter shall be construed to mean the “superintendent” or “superintendent of schools” as defined in subsection (3) of this section.

HISTORY: Laws, 1986, ch. 492, § 2; Laws, 1987, ch. 307, § 1, eff from and after passage (approved March 3, 1987).

Editor’s Notes —

Section 37-9-16, referred to in this section, was repealed by its own terms effective from and after January 1, 1992.

Cross References —

Applicability of this section to county boards of education, see §37-5-1.

Applicability of this section to continuation or abolition of office of county superintendent of education, see §37-9-12.

Transfer of students in county having administrative superintendent, see §37-15-31.

Applicability of this section to a levy by the board of supervisors for the support of a special municipal separate school district, see §37-57-105.

Levy by board of supervisors of ad valorem tax for support of office of administrative superintendent, see §37-57-105.

OPINIONS OF THE ATTORNEY GENERAL

Where part of a special separate municipal school district is in one county, and school board member elections are held in an adjoining county where the district offices are located, the first county does not have the authority to conduct elections for trustees of a municipal school board that is not located in that county. Dedeaux, July 25, 1997, A.G. Op. #97-0302.

RESEARCH REFERENCES

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-6-5. School district as political subdivision; name.

Each school district in the state shall be a political subdivision with the name of the district being “_______________School District.”

HISTORY: Laws, 1986, ch. 492, § 3, eff from and after July 1, 1987.

§ 37-6-7. School board as governing body.

Each school district shall be governed by a school board consisting of five (5) members, selected in the manner provided by law.

HISTORY: Laws, 1986, ch. 492, § 4, eff from and after July 1, 1987.

JUDICIAL DECISIONS

1. Authority of board where vacancy occurs.

While school boards should not be allowed to operate indefinitely with less than 5 members, boards must be given a reasonable amount of time in which to find a suitable candidate; thus, a 4-member school board had the authority to approve a bond election and authorize the issuance of the bonds at a meeting which took place only 10 days after the fifth board member resigned. Shipman v. North Panola Consol. Sch. Dist., 641 So. 2d 1106, 1994 Miss. LEXIS 372 (Miss. 1994).

§ 37-6-9. President and secretary of school board; quorum; minutes; voting or abstaining on questions.

The school board of all school districts 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 school board shall constitute a quorum for the transaction of business. Minutes shall be kept of all meetings of the school 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 school board present shall either vote or abstain on every question upon which a vote is taken at such meeting. All action taken by a school board shall become official at the time it is taken. All minutes of the school 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.

HISTORY: Laws, 1986, ch. 492, § 5; Laws, 1987, ch. 307, § 2, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

There is no authority or obligation for new board members or future replacement board members to sign and attest minutes of former board meetings. Minor Sept. 16, 1993, A.G. Op. #93-0647.

Members of the school board are required by statute to either vote or abstain; a vote of “present” should counted as an abstention. Smith, Aug. 4, 2006, A.G. Op. 06-0311.

JUDICIAL DECISIONS

1. In general.

2. Resolutions.

3. Recording final actions.

1. In general.

While the rules imposed by §37-6-9 are not to be ignored, they do not require perfection; thus, a school board president’s late signing of the minutes of a special board meeting, though a violation of §37-6-9, did not invalidate the actions of the school board taken at that meeting. Shipman v. North Panola Consol. Sch. Dist., 641 So. 2d 1106, 1994 Miss. LEXIS 372 (Miss. 1994).

2. Resolutions.

Neither the fact that a final draft of a resolution calling for a bond election was not in front of the board when the resolution was approved, nor the fact that a copy of the resolution was not entered into the minutes of the meeting, constituted error such that the actions of the board at the meeting should be invalidated. Shipman v. North Panola Consol. Sch. Dist., 641 So. 2d 1106, 1994 Miss. LEXIS 372 (Miss. 1994).

3. Recording final actions.

Because a decision to refuse a worker a hearing was a “final action,” a school board should have recorded that decision in the minutes; however, the failure to record the decision was harmless error. No prejudice was shown as a result of the error; the worker failed to show how her appellate rights were hampered in a case where her employment contract was not renewed. Hodgins v. Phila. Pub. Sch. Dist., 966 So. 2d 1279, 2007 Miss. App. LEXIS 713 (Miss. Ct. App. 2007).

§ 37-6-11. Regular meetings; special meetings.

The school boards of all school districts shall meet regularly at such time and at such place as shall be designated by an order entered upon the minutes thereof. Special meetings of such boards shall be held upon the call of the president thereof, or upon the call of a majority of the members thereof.

HISTORY: Laws, 1986, ch. 492, § 6; Laws, 1987, ch. 307, § 3, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

Failure to post notice of a called special meeting of a county school district board of trustees and failure to enter such notice in the official minutes as required by §25-41-13(1) is a violation of the Open Meetings Act. However, this violation in and of itself does not make the meeting a nullity. Haynes, Mar. 5, 2004, A.G. Op. 04-0053.

§ 37-6-13. Per diem allowance; expenses and mileage; meeting attendance requirements.

  1. Each person serving as a member of the school board 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 school 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 school 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 school board training session or at regional and national education meetings, when such mileage and other expenses are authorized by the board prior to the date on which they occur. Detailed vouchers shall be submitted for reimbursement for all expenses authorized by this section. Such reimbursement shall be in accordance with Section 25-3-41.

    Such expenses shall be paid on order of the school board by pay certificates issued by the superintendent of the school district involved against the funds available for payment of the administrative expense of the district.

    1. If a member of a school board misses twenty percent (20%) or more of the meetings of the school 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 school board meetings held during that year. For purposes of this subsection, consideration may be given only to meetings of which public notice is required.
    2. Before February 1 of each year, the president of each local school board shall submit a report to the State Board of Education containing the names of any members of the school board who missed twenty percent (20%) or more of the school board meetings during the preceding calendar year.

HISTORY: Laws, 1986, ch. 492, § 7; Laws, 1993, ch. 422, § 1; Laws, 1996, ch. 387, § 1; Laws, 1996, ch. 550, § 1; Laws, 1997, ch. 553, § 1; Laws, 2002, ch. 470, § 1, eff July 2, 2002 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

The United States Attorney General, by letter dated September 16, 1996, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1996, ch. 550, § 1.

On July 14, 1997, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1997, ch. 553, § 1.

The United States Attorney General, by letter dated July 2, 2002, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2002, ch. 470.

Amendment Notes —

The 2002 amendment designated the first paragraph as (1); and added (2).

OPINIONS OF THE ATTORNEY GENERAL

Travel expenses of school board members are governed by Section 37-7-301(o) and this section and a school board may approve travel expenses of their membership without the superintendent’s recommendation. Hand, February 1, 1995, A.G. Op. #95-0008.

Assuming that there is a sufficient amount remaining on hand at the end of the fiscal year, and the school board orders the payment of per diem pursuant to this section, then per diem may be paid for the preceding fiscal year. However, if a board member fails to seasonably assert a right to payment he may not be paid for more than the one preceding fiscal year. Adams, January 22, 1996, A.G. Op. #95-0867.

This section allows a school board member to elect to be paid a salary instead of per diem. There is no statutory deadline by which this decision is to be made. However, if and when such an election is made, it is prospective in nature. Bordis, November 1, 1996, A.G. Op. #96-0736.

A school board trustee may elect whether to receive compensation or not, and may, within a fiscal year, change that election if funds permit; however, if a board member chooses to receive his compensation as salary, the decision as to the manner of payment is irrevocable. Nelson, July 17, 1998, A.G. Op. #98-0383.

A school board member who was sworn and seated in June of 1999 after a successful challenge to the preceding election, but did not serve on the board from January to June as her seat was contested during this period, could be paid per diem and expenses for the month of June, but not for the period from January to June. Mayfield, July 23, 1999, A.G. Op. #99-0353.

A meal may be provided in lieu of reimbursement in order to avoid disruption of business, if the school board determines that such is a necessary and reasonable expense of a meeting. Bryant, July 30, 1999, A.G. Op. #99-0380.

Whether a meeting of the Congressional Black Caucus Political and Educational Leadership Institute is educational is a factual question which cannot be answered by way of an Attorney General’s opinion; however, if the school board makes a determination, consistent with fact and subject to review by the State Auditor or a court of competent jurisdiction, that it is an educational meeting then it may approve the expenditure of funds for the attendance of members, as long as the requirements of this section and Section 37-7-301(o) have been met. Swanson, July 7, 2003, A.G. Op. 03-0330.

A school board recessed meeting does require public notice pursuant to the Open Meetings Act and would be counted when determining whether a school board member missed more than 20% of the meetings of the school board during a calendar year. Hood, Feb. 13, 2004, A.G. Op. 04-0035.

§ 37-6-15. Surety bond for school board member; premiums.

  1. Before entering upon the discharge of the duties of his office, each member of the school board 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 school 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 said bond shall be paid out of the school district maintenance fund.

HISTORY: Laws, 1986, ch. 492, § 8; Laws, 1996, ch. 302, § 7; Laws, 2009, ch. 467, § 14, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment inserted “including school business managers and any other employee who” following “official and employee” in the first sentence of (2).

OPINIONS OF THE ATTORNEY GENERAL

A school district’s responsibility for the payment of the premiums on the surety bonds of its members is for the amount that is necessary to obtain a good and sufficient bond; the district would not be required to bear the expense of that portion of a premium that is over and above the amount determined to be necessary to obtain a good and sufficient bond. Wyly, Jan. 10, 2003, A.G. Op. #02-0761.

If the school board chooses not to obtain a blanket surety bond, an individual member could not be required to obtain his individual bond from a particular source; however, the member cannot legally obligate the school district to pay a premium over and above what is necessary to obtain a good and sufficient bond. Wyly, Jan. 10, 2003, A.G. Op. #02-0761.

A school board member who obtains a surety bond at a cost that is over and above the cost of obtaining a good and sufficient bond would be required to pay the difference between the two. Wyly, Jan. 10, 2003, A.G. Op. #02-0761.

Section 25-1-33 applies to bonds given by a school board member pursuant to Section 37-6-15(1). Seal, Apr. 18, 2003, A.G. Op. 03-0170.

Payment of a premium that is over and above what is necessary to acquire a good and sufficient bond as determined by a school board would be a waste of taxpayers’ money. Seal, Apr. 18, 2003, A.G. Op. 03-0170.

Chapter 7. School Districts; Boards of Trustees of School Districts

Article 1. Reorganization and Reconstitution of Districts [Repealed].

§§ 37-7-1 through 37-7-17. Repealed.

Repealed by Laws, 1986, ch. 492, § 50, eff from and after July 1, 1987.

§§37-7-1 through37-7-17. [Codes, 1942, §§ 6328-01, 6328-02, 6328-04, 6328-16, 6328-21, 6328-35 to 6328-39; Laws, 1953 Ex Sess, ch. 12, §§ 1, 2, 4; Laws, 1953 Ex Sess, ch. 17, § 1; Laws, 1955 Ex Sess, ch. 66, § 5; Laws, 1956, ch. 267, §§ 1-5; Laws, 1956, ch. 273]

Editor’s Notes —

Former §§37-7-1 through37-7-17 contained provisions concerning the reorganization and reconstitution of school districts. For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Article 3. Abolition, Alteration and Creation of Districts.

§ 37-7-101. Repealed.

Repealed by Laws, 1986, ch. 492, § 59, eff from and after July 1, 1987.

[Codes, 1942, § 6328-08; Laws, 1953, Ex Sess, ch. 12, § 8]

Editor’s Notes —

Former §37-7-101 pertained to the abolition or reorganization of school districts by governing authorities of school districts.

§ 37-7-103. Abolition, reorganization or alteration of district by school board.

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.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 52; Laws, 2012, ch. 441, § 2; Laws, 2012, ch. 551, § 1; Laws, 2013, ch. 568, § 2; Laws, 2013, ch. 572, § 3; brought forward without change, Laws, 2015, ch. 429, § 2; Laws, 2016, ch. 463, § 2; Laws, 2016, ch. 464, § 2; Laws, 2016, ch. 465, § 2; Laws, 2016, ch. 466, § 2; Laws, 2017, ch. 436, § 2, eff from and after July 1, 2017.

Joint Legislative Committee Note —

This section was amended by Section 2 of Chapter 441, Laws of 2012, effective from and after September 11, 2012, the date it was effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended (approved April 19, 2012). It was also amended by Section 2 of Chapter 551, Laws of 2012, effective from and after September 10, 2012, the date it was effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. As set out above, this section reflects the language of Section 2 of Chapter 441, Laws of 2012, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section effective on an earlier date.

Section 2 of ch. 568, Laws of 2013, effective October 25, 2013, the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965 (approved on April 25, 2013), amended this section. Section 3 of ch. 572, Laws of 2013, effective October 24, 2013, the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965 (approved on April 25, 2013), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Section 2 of ch. 463, Laws of 2016, effective July 1, 2016 (approved May 10, 2016, 11:00 a.m.), amended this section. Section 2 of ch. 464, Laws of 2016, effective July 1, 2016 (approved May 10, 2016, 11:02 a.m.), amended this section. Section 2 of ch. 465, Laws of 2016, effective July 1, 2016 (approved May 10, 2016, 11:05 a.m.), amended this section. Section 2 of ch. 466, Laws of 2016, effective July 1, 2016 (approved May 10, 2016, 11:10 a.m.), also amended this section. As set out above, this section reflects the language of all amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 5, 2016, meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in the third sentence by reinserting “Section 37-7-104.2 or Section 37-7-104.3,” which was erroneously deleted from the integrated version of the section. The Joint Committee ratified the correction at its August 5, 2016, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a grammatical error in the last sentence by substituting “Section” for “Sections.” The Joint Committee ratified the correction at its August 15, 2017, meeting.

Editor’s Notes —

This section was amended by two bills in 2013. The effective date of each of the two bills that amended this section, Chapter 572 (House Bill No. 716) and Chapter 568 (Senate Bill No. 2637), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bills were approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 572 and Chapter 568 to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bills, which will allow the bills to take effect.

By letter dated October 24, 2013, the United States Attorney General responded to the submission of Chapter 572, that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 572 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 572, so Chapter 572 became effective from and after October 24, 2013, the date of the United States Attorney General’s response letter.

By letter dated October 25, 2013, the United States Attorney General responded to the submission of Chapter 568, that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 568 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 568, so Chapter 568 became effective from and after October 25, 2013, the date of the United States Attorney General’s response letter.

The Joint Committee on Compilation, Revision and Publication of Legislation, in its meeting on August 1, 2013, voted to integrate the amendments to this section by Chapter 572 and Chapter 568. The amendments to this section became effective from and after October 25, 2013, the date of the latest response letter from the United States Attorney General.

By letter dated September 11, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 441.

By letter dated September 10, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 551.

Laws of 2016, ch. 423, § 1, effective April 18, 2016, provides:

“SECTION 1. (1) There is hereby created and established an advisory council to be known as the Commission on Chickasaw County Consolidated School District Structure. It shall be the responsibility of the Commission on Chickasaw County Consolidated School District Structure to review the current structure of the school districts and schools in Okolona, Mississippi, Houston, Mississippi, and Houlka, Mississippi, of Chickasaw County, Mississippi, and make recommendations on future actions of the provision and transition of service of the newly consolidated school district in order to improve both the quality of education and the efficiency with which it is delivered. The commission shall not decide the issue of whether or not the districts shall be consolidated. The commission shall be composed of ten (10) members as follows:

“(a) The State Superintendent of Education, or his designee, who shall serve as Chairman of the Commission;

“(b) Two (2) representatives of the Chickasaw County School District to be appointed by the Board of Trustees of the Chickasaw County School District, and who may be members of the board or the Superintendent of Schools;

“(c) Two (2) representatives of the Houston School District to be appointed by the Board of Trustees of the Houston School District, and who may be members of the board or the Superintendent of Schools;

“(d) Two (2) representatives of the Okolona School District to be appointed by the Board of Trustees of the Okolona School District, and who may be members of the board or the Superintendent of Schools;

“(e) One (1) resident of the area which comprises the Chickasaw County School District to be appointed by the State Superintendent of Public Education;

“(f) One (1) resident of the area which comprises the Houston School District to be appointed by the State Superintendent of Public Education; and

“(g) One (1) resident of the area which comprises the Okolona School District to be appointed by the State Superintendent of Public Education.

“(2) The Commission on Chickasaw County Consolidated School District Structure shall meet within thirty (30) days of passage of this act upon the call of the State Superintendent of Education and shall hold hearings and meet as necessary and develop a report to the Legislature, the Governor and the State Board of Education on or before December 1, 2016, with recommendations to accomplish the following:

“(a) Review the current structure of school districts and the location of schools in Okolona, Mississippi, Houston, Mississippi, and Houlka, Mississippi, of Chickasaw County, Mississippi, and recommend how they can be consolidated into one (1) school district in order to improve both the quality of education and the efficiency at which it is delivered.

“(b) Review the capital facility needs of both school districts and recommend methods of financing necessary improvements, including the possibility of pledging Mississippi Adequate Education Program funds for capital improvement purposes.

“(c) Detail in the report how best to implement consolidation and make any other recommendations on how to maximize education quality in Okolona, Houston and Houlka, of Chickasaw County, Mississippi, while eliminating duplicative and wasteful administrative spending.

“The commission shall have the authority to raise and to expend nonstate funds. The State Department of Education shall provide staff and such other support as the commission deems appropriate. After submitting its report on or before December 1, 2016, the commission shall be dissolved.”

Laws of 2017, ch. 437, § 1, provides:

“SECTION 1. (1) There is hereby created and established an advisory council to be known as the Commission on Perry-Richton Consolidated School District Structure. It shall be the responsibility of the Commission on Perry-Richton Consolidated School District Structure to review the current structure of the school districts and schools in Richton, Mississippi, and in Perry County, Mississippi, and make recommendations on future actions of the provision and transition of service of the newly consolidated school district in order to improve both the quality of education and the efficiency with which it is delivered. The commission shall be composed of seven (7) members as follows:

“(a) The State Superintendent of Education, or his or her designee, who shall serve as Chairman of the Commission in a nonvoting capacity;

“(b) One (1) member of the Perry County Board of Education to be appointed by the Board of Education of the Perry County School District;

“(c) One (1) member of the Board of Trustees of the Richton Public School District to be appointed by the Board of Trustees of the Richton School District;

“(d) The Superintendents of Schools of the Perry County School District and the Richton Public School District;

“(e) One (1) resident of the area which comprises the Richton School District to be appointed by the Board of Trustees of the Richton School District; and

“(f) One (1) resident of the area which comprises the Perry County School District to be appointed by the Board of Education of the Perry County School District.

“(2) The Commission on Perry-Richton Consolidated School District Structure shall meet within thirty (30) days of passage of this act upon the call of the State Superintendent of Education and shall hold hearings and meet as necessary and develop a report to the Legislature, the Governor and the State Board of Education on or before January 1, 2018, with recommendations to accomplish the following:

“(a) Review the current structure of school districts and the location of schools in Richton, Mississippi, and Perry County, Mississippi, and recommend how they can be consolidated into one (1) school district in order to improve both the quality of education and the efficiency at which it is delivered.

“(b) Review the capital facility needs of both school districts and recommend methods of financing necessary improvements, including the possibility of pledging Mississippi Adequate Education Program funds for capital improvement purposes.

“(c) Detail in the report how best to implement consolidation and make any other recommendations on how to maximize education quality in Richton and Perry County while eliminating duplicative and wasteful administrative spending.

“(3) The commission shall have the authority to raise and to expend nonstate funds. The State Department of Education shall provide staff and such other support as the commission deems appropriate. After submitting its report on or before January 1, 2018, the commission shall be dissolved.”

Amendment Notes —

The first 2012 amendment (ch. 441), added the last sentence. For effective date, see Editor’s note.

The second 2012 amendment (ch. 551), added the last sentence.

The 2013 amendment (ch. 568), substituted “or Section 37-7-104.2” for “Mississippi Code of 1972” following “Section 37-7-104” in the last sentence.

The 2013 amendment (ch. 572), substituted “or Section 37-7-104.3” for “Mississippi code of 1972” following “Section 37-7-104” in the last sentence.

The 2015 amendment brought the section forward without change.

The first 2016 amendment (ch. 463) inserted “or Section 37-7-104.5” in the last sentence.

The second 2016 amendment (ch. 464) inserted “or Section 37-7-104.6” in the last sentence.

The third 2016 amendment (ch. 465) substituted “Section 37-7-104.4” for “Section 37-7-104.2 or Section 37-7-104.3” in the last sentence.

The fourth 2016 amendment (ch. 466) substituted “Section 37-7-104.7” for “Section 37-7-104.2 or Section 37-7-104.3” in the last sentence.

The 2017 amendment, in the third sentence, deleted “Section” preceding each of the code section numbers following 37-7-104, and inserted “37-7-104.8.”

OPINIONS OF THE ATTORNEY GENERAL

There presently exists no statutory authority by which school board may split an existing district into two or more parts and thus create more school districts; however, electors of city desiring its own district may, pursuant to Section 37-7-109, initiate a petition to have it established as separate district. Willis, Jan. 27, 1994, A.G. Op. #94-0029.

Sections 37-7-103, 37-7-113 and 37-7-311 allow a school board to organize its schools so as to serve the best interests of the schools and ultimately the students, and to avoid unnecessary duplication. Where the actions of local school boards do nothing to alter the existing geographical features, boundaries, or corporate structure of the school districts there is no necessity to seek State Board of Education approval. Burnham, February 15, 1995, A.G. Op. #95-0029.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 38, 47 et seq.

16A Am. Jur. Legal Forms 2d (Rev), Schools §§ 229:15 et seq. (creation, alteration, and dissolution of school districts).

CJS.

78 C.J.S., Schools and School Districts §§ 16 et seq., 109 et seq.

Practice References.

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

2. School taxes.

1. In general.

A public school board had the authority to consolidate schools within its district and to reassign students en masse; the plan was not a “reorganization of the school district” within the meaning of §37-7-105. Section37-7-105 and its petition, publication and referendum procedures do not apply to everything the school board may wish to abolish, alter or reorganize. The statute applies only where the school board “abolishes, alters or reorganizes a school district.” The phrase “school district” imports the geographic boundaries of the district and perhaps the corporate organization or structure thereof. The school board’s plan did not alter the existing structure of the school district, which remained a county-wide district, and did not reorganize corporate structure, and therefore §§37-7-103 and 37-7-105 did not apply. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

Section37-7-105 merely establishes procedural requisites that must be met in carrying out the general grant of authority contained §37-7-103. If, under §37-7-103, the school board decides to “reorganize, change or alter the boundaries” of the district, §37-7-105 requires that it publish its intention to do so and receive petitions from objectors. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

2. School taxes.

Where a municipal separate school district was reconstituted in accordance with the law without any added territory, and thereafter the county school district was abolished and its territory accepted by and annexed to the municipal school district, all in strict accord with the relevant statutes, municipal authorities rather than county authorities were thereafter the proper parties to assess and collect school taxes throughout the county. Winston County v. Woodruff, 187 So. 2d 299, 1966 Miss. LEXIS 1341 (Miss. 1966).

§ 37-7-104. Consolidation of certain county school districts under conservatorship into one countywide district under certain circumstances; procedure.

  1. In any Mississippi county in which are located, as of February 8, 2012, three (3) school districts and only three (3) school districts, all of which are under conservatorship as defined by the Mississippi Department of Education as of February 8, 2012, there shall be an administrative consolidation of all of the school districts in the county into one (1) countywide school district with one (1) county board of education. The State Board of Education shall determine the school district(s) applicable to the provisions of this section and spread this finding on the minutes of its August 2012 meeting. On or before September 1, 2012, the State Board of Education shall serve the local school boards applicable to the provisions of this section, or the Mississippi Department of Education Conservator for each of the three (3) school districts, with notice and instruction regarding the action to be taken to comply with this section. In such county, there shall be a new county board of education elected in a November 2013 special election which shall be called for that purpose and the new county board members shall be elected as provided in Section 37-5-7, Mississippi Code of 1972. No previous board member shall be eligible to serve on the newly elected board. Provided, however, that it shall be the responsibility of the board of supervisors of such county to apportion the countywide school district into five (5) new single member board of education districts which shall be consistent with the supervisors district lines in said county. The board of supervisors of said county shall thereafter publish the same in some newspaper of general circulation within said 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 said county, said new district lines will thereafter be effective for the November 2013 special election. If necessary, the county board of education of said county shall reapportion the board of education districts in accordance with applicable law as soon as practicable after the results of the 2020 decennial census are published and as soon as practicable after every decennial census thereafter. The new county board of education, with the written approval of the Mississippi Department of Education Conservator and the State Board of Education, shall provide for the administrative consolidation of all school districts in the county into one (1) countywide school district on or before July 1 next following the November 2013 election. The new county board of education shall serve as the school board for the county. Any school district affected by the required administrative consolidation that does not voluntarily consolidate with the new school district ordered by the county board of education shall be administratively consolidated by the State Board of Education with the countywide school district, to be effective on July 1 following the election of the new county board of education. The State Board of Education shall promptly move on its own motion to administratively consolidate any 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) countywide district by July 1 following the election of the new county board of education. All affected school districts shall comply with any consolidation order issued by the county board of education or the State Board of Education, as the case may be, on or before July 1 following the election of the new county board of education.
  2. On July 1 following the election of the new county board of education, the former county board of education and the former board of trustees of any municipal separate, or special municipal separate school district located in such county shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such county shall be transferred to the new reorganized school district of the county in which such school district is located. The Mississippi Department of Education Conservator and the State Board of Education shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor county board of education. The successor county board of education shall appoint the new county superintendent of education for the reorganized school district. The county superintendent of education of said reorganized school district shall not be elected but shall thereafter be appointed by the successor county board of education in the manner provided in Section 37-9-25. The superintendents of the former under-performing school districts located in the county shall not be eligible for appointment as the new superintendent. The selection of the appointed county superintendent of education and the assistant superintendent of education in the central administration office of the successor countywide school district shall be the responsibility of the successor county board of education with the approval of the Mississippi Department of Education Conservator and the State Board of Education. No such administratively consolidated school district shall have more than one (1) assistant superintendent of education. It shall be the responsibility of the successor county board of education, with approval of the Mississippi Department of Education Conservator and the State Board of Education, to prepare and approve the budget of the new reorganized districts, and the county board of education may use staff from the former school districts to prepare the budget. Any proposed order of the successor county board of education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be submitted and approved by the State Board of Education. The finding of the State Board of Education shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor county school board of education pursuant to the required administrative consolidation may appeal therefrom to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which such order is entered. Such appeal shall be de novo, and the finding of the State Board of Education upon such question shall be final and conclusive for the purpose of the approval or disapproval of the action by said county board of education.
  3. When any school district in such county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former school district from liability for the payment of the bonds or other indebtedness of such district and it shall be the duty of the board of supervisors of said county to levy taxes on the property of said district so abolished from year to year according to the terms of such indebtedness until same shall be fully paid.
  4. In the administratively consolidated countywide school district created under this section, the ad valorem tax rate shall be determined as set forth under Section 37-57-1 et seq.
  5. Nothing in this section shall be construed to require or restrict the closing of any school or school facility, unless such 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 a county pursuant to this section. When the orders of the successor county board of education adopting the boundaries of the successor countywide school district have been entered and are final, as approved by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the consolidated countywide school district.

HISTORY: Laws, 2012, ch. 441, § 1, eff September 11, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.).

Editor’s Notes —

By letter dated September 11, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 2012, ch. 441.

Cross References —

Consent of school board of school districts involved in implementing the provisions of this section, §37-7-104.1 or37-27-79, not required for the administrative consolidation of the school districts pursuant to order of State Board of Education, see §37-7-103.

§ 37-7-104.1. Administrative consolidation of all school districts in Bolivar County, Mississippi, into three school districts; procedure.

  1. In Bolivar County, Mississippi, in which are located, as of January 1, 2012, six (6) school districts, there shall be an administrative consolidation of all of the school districts in the county into three (3) school districts as follows:
    1. One (1) existing school district which shall be the Cleveland School District;
    2. One (1) new consolidated school district to be designated as North Bolivar Consolidated School District which shall consist of the territory of the former North Bolivar School District and the Mound Bayou Public School District. The central administrative office of the North Bolivar Consolidated School District shall be located in Mound Bayou, Mississippi; and
    3. One (1) new consolidated school district to be designated as West Bolivar Consolidated School District which shall consist of the territory of the former West Bolivar School District, Shaw School District and Benoit School District. The central administrative office of the West Bolivar Consolidated School District shall be located in Rosedale, Mississippi.
  2. On or before September 1, 2012, the State Board of Education shall serve the local school boards in Bolivar County with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of all school districts in the county outside of the territory of Cleveland School District into North Bolivar Consolidated School District and West Bolivar Consolidated School District on or before July 1, 2014. In each new consolidated school district there shall be a new consolidated school district board of trustees elected in a November 2013 special election which shall be called by the Governor for that purpose. The new consolidated school district boards of trustees shall be elected and the terms of office established as provided in Section 37-7-207, Mississippi Code of 1972. The State Board of Education shall determine the boundary lines for the territory of the two (2) new school districts and shall spread a legal description of the new school districts on the minutes of its August 2012 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. It shall be the responsibility of the State Board of Education with the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) to apportion the territory of the two (2) new school districts into five (5) new board of trustee election districts for each new school district. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in said county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each school district in the county, said new district lines will thereafter be effective for the November 2013 special election. Any school board member of the former school district residing in the proper election district shall be eligible for election to the new board of trustees for North Bolivar Consolidated School District or West Bolivar Consolidated School District. The local school board of each new school district shall reapportion the school board districts in accordance with the procedure described in Section 37-7-207, Mississippi Code of 1972, as is necessary as soon as practicable after the 2020 decennial census are published and as soon as practicable after every decennial census thereafter. Any school district affected by the required administrative consolidation in such county that does not voluntarily consolidate with the two (2) new school districts ordered by the State Board of Education shall be administratively consolidated by the State Board of Education with the appropriate school district in which such district is located, to be effective on July 1 following the election of the new local school boards. 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 two (2) school districts by July 1 following the election of the new school boards. All affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the election of the new school boards.
  3. On July 1 following the election of the new school district boards of trustees in Bolivar County, the former county board of education and the former board of trustees of North Bolivar School District, Mound Bayou Public School District, West Bolivar School District, Shaw School District and Benoit School District shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such former school district shall be transferred to the new reorganized school district of Bolivar County in which such former school district is located. Each former school board shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor school boards. The new Board of Trustees for the North Bolivar Consolidated School District shall appoint the Superintendent of Schools for said school district, and the Board of Trustees for the West Bolivar Consolidated School District shall appoint the Superintendent of Schools for said school district. The subsequent superintendent of schools of said reorganized school districts shall not be elected but shall thereafter be appointed by the successor boards of trustees in the manner provided in Section 37-9-25. Any superintendent serving in the former school districts shall be eligible for appointment as a superintendent in North Bolivar Consolidated School District or West Bolivar Consolidated School District. North Bolivar Consolidated School District and West Bolivar Consolidated School District shall not have more than one (1) assistant superintendent. It shall be the responsibility of the successor boards of trustees to prepare and approve the budget of the respective new reorganized districts, and the successor boards of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor newly elected board of trustees of a consolidated school district pursuant to the required administrative consolidation may appeal therefrom to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which such order is entered. Such appeal shall be de novo, and the finding of the State Board of Education upon such question shall be final and conclusive for the purpose of the approval or disapproval of the action by said county board of education.
  4. When any school district in such county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former school district from liability for the payment of the bonds or other indebtedness of such district.
  5. Nothing in this section shall be construed to require the closing of any school or school facility, unless such 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 Bolivar County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (7) of Section 25-15-9. When the orders of the State Board of Education adopting the boundaries of the successor school districts and the successor board of trustees election districts have been entered and are final, as directed by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines and election districts are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the successor school districts.

HISTORY: Laws, 2012, ch. 551, § 1, eff September 10, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in (1)(a) and (2) by substituting “Cleveland School District” for “Cleveland Municipal Separate School District.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

By letter dated September 10, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 2012, ch. 551.

Cross References —

Consent of school board of school districts involved in implementing the provisions of this section, §37-7-104 or37-27-79, not required for the administrative consolidation of the school districts pursuant to order of State Board of Education, see §37-7-103.

§ 37-7-104.2. Administrative consolidation of all school districts in Clay County, Mississippi, into one school district; procedure.

  1. In Clay County, Mississippi, in which are located, as of January 1, 2013, two (2) school districts, there shall be an administrative consolidation of all of those school districts in the county into one (1) new consolidated school district to be designated as West Point Consolidated School District which shall consist of the territory of the former Clay County School District and the West Point School District. The central administrative office of the West Point Consolidated School District shall be located in West Point, Mississippi.
  2. On or before September 1, 2013, the State Board of Education shall serve the local school boards in Clay County with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of the school districts in the county on or before July 1, 2015. In the new West Point Consolidated School District, there shall be a new board of trustees comprised of five (5) members selected as follows: (a) the Mayor and Board of Aldermen of the City of West Point shall appoint three (3) of the five (5) members, each to be selected for a term of four (4) years; and (b) two (2) members to be elected for a term of four (4) years by the electors of Clay County residing outside of the West Point corporate limits who shall be residents of that territory and who shall be elected in a November 2014 special election which shall be called by the Governor for that purpose. All subsequent members of the board elected from the territory outside of the West Point corporate limits 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 member or members. All elected and appointed members shall take office on the first Monday of January following the date of their election or appointment. The State Board of Education, with the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), shall apportion the territory of the new consolidated school district located outside the West Point corporate limits into two (2) new single member board of trustee election districts. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in 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 school boards of each school district in the county, the new district lines will thereafter be effective for the November 2014 special election. Any school board member of the former school districts residing in the proper territory shall be eligible for appointment or election to the new Board of Trustees for West Point Consolidated School District.

    Any school district affected by the required administrative consolidation in Clay 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 on July 1 following the election of the new local school board. 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 selection of the new board of trustees. The affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the selection of the new school boards.

  3. On July 1 following the selection of the new Board of Trustees of the West Point Consolidated School District, the former county board of education and the former Board of Trustees of the West Point School District shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such former school district shall be transferred to the new reorganized school district of West Point Consolidated School District in which such former school district is located. Each former school board shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor school board. The new Board of Trustees for the West Point Consolidated School District shall appoint the Superintendent of Schools for the school district. The Superintendent of Schools for the West Point Consolidated School District may appoint assistant superintendent(s) of schools for the district, but in no instance shall the administrative leadership of the West Point Consolidated School District exceed the number of assistant superintendents employed in the former West Point School District. The subsequent superintendent of schools of the reorganized school district shall not be elected, but shall thereafter be appointed by the successor board of trustees in the manner provided in Section 37-9-25. It shall be the responsibility of the successor board of trustees to prepare and approve the budget of the new reorganized district, and the successor board of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor newly selected Board of Trustees of the West Point 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. Said 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, Mississippi Code of 1972, the provisions of which shall be fully applicable to appeals taken hereunder. The Board of Trustees of the West Point Consolidated School District shall not pass upon or approve or disapprove any such order until the time for an appeal therefrom shall have expired, nor shall said board pass upon or approve or disapprove any such order from which an appeal is taken until said appeal shall have been finally determined.
  4. When any school district in the county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of that former school district from liability for the payment of the bonds or other indebtedness of such district.
  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 Clay County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (7) of Section 25-15-9. When the orders of the State Board of Education adopting the boundaries of the successor board of trustees election districts have been entered and are final, as directed by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines and election districts are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the successor school district.
  7. For the initial two (2) years following the administrative consolidation required by this section, the State Department of Education may grant a waiver of accountability and state assessment requirements to the West Point Consolidated School District for the student population enrolled therein from the former Clay County School District when determining the new consolidated school district accreditation level on the performance and accountability rating model.

HISTORY: Laws, 2013, ch. 568, § 1, eff October 25, 2013 (the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965).

Editor’s Notes —

The effective date of Chapter 568, which added this section, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 568 to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated October 25, 2013, the United States Attorney General responded to the submission of Chapter 568 that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 568 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 568, so Chapter 568 became effective from and after October 25, 2013, the date of the United States Attorney General’s response letter.

§ 37-7-104.3. Administrative consolidation of all school districts in Oktibbeha County, Mississippi, into Starkville-Oktibbeha Consolidated School District; powers and responsibilities of Conservator of Oktibbeha County School District; procedure; issue of bonds and notes for repairs, improvements, purchase of books, buses, equipment, etc.

  1. In Oktibbeha County, Mississippi, in which are located, as of January 1, 2013, 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 Starkville-Oktibbeha Consolidated School District which shall consist of the territory of the former Oktibbeha County School District and the Starkville School District, effective on July 1, 2015. Until June 30, 2015, preceding the effective date of the required administrative consolidation of school districts in the county, the Oktibbeha County School District shall remain in conservatorship, under the authority and control of the Mississippi Recovery School District of the State Department of Education. At such time that the administrative consolidation becomes effective, the central administrative office of the Starkville-Oktibbeha Consolidated School District shall be located in Starkville, Mississippi.
    1. On or before July 1, 2014, the State Board of Education shall serve the local school board of the Starkville School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section.
    2. In the new consolidated school district there shall be a countywide municipal separate school district board of trustees, which shall consist of the existing members of the Board of Trustees of the Starkville School District. However, upon the first occurrence of a vacancy on the board as a result of an expired term of an appointed board member, that vacancy shall become an elected position and shall be filled by the election of a board member as follows: the 2016 expiring term board member shall remain in office until January 1, 2017. In November 2016, an election will be held for a board member who resides outside of the incorporated municipal limits in the manner prescribed in Section 37-7-203, and the elected board member will take office for a five-year term beginning January 1, 2017. Subsequent board members shall be selected in the manner prescribed in Section 37-7-203. The Board of Supervisors of Oktibbeha County shall publish notice of the school board elections in some newspaper of general circulation in the county for at least three (3) consecutive weeks.
    3. Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation 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.
  3. On July 1, 2015, following the motion of State Board of Education to consolidate school districts in Oktibbeha County, the Oktibbeha 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 Starkville-Oktibbeha Consolidated School District as of July 1, 2015. The Conservator of the Oktibbeha County School District is authorized and directed to execute and record all documents and conveyances necessary to convey title to all real and personal property of the Oktibbeha County School District to the Starkville-Oktibbeha Consolidated School District. The conservator is further authorized and directed to sign all documents and to take all actions necessary to assign contracts and other property, contract rights and obligations of the Oktibbeha County School District to the Starkville-Oktibbeha Consolidated School District. The Board of Trustees of the Starkville School District shall be responsible for establishing the contracts for operations, teachers, principals, clerical and administrative staff personnel for the 2015-2016 school year prior to July 1, 2015, and shall consult with the conservator for the establishment of contracts for teachers, principals, clerical and administrative staff personnel located in the former Oktibbeha County School District for the 2015-2016 school year. In order to prepare for the efficient staffing of the Starkville-Oktibbeha Consolidated School District, the Conservator of the Oktibbeha County School District and the Superintendent of the Starkville School District shall have full authority to nonrenew the employment contract of any teacher, principal, clerical or administrative staff located within their respective school districts for the 2015-2016 school year. The superintendent and assistant superintendent(s) of schools of the former Starkville School District shall continue to serve in like administrative capacities of the Starkville-Oktibbeha Consolidated School District, but in no instance shall the administrative leadership of the Starkville-Oktibbeha Consolidated School District exceed three (3) assistant superintendents to be appointed by the superintendent of the former Starkville School District. No superintendent serving in the former Oktibbeha County School District shall be eligible for appointment as a superintendent or assistant superintendent in the Starkville-Oktibbeha Consolidated School District. Likewise, no trustee serving in the former Oktibbeha County School District shall be eligible for election to the new Board of Trustees of the Starkville-Oktibbeha Consolidated School District. 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 Oktibbeha 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.
  4. Nothing in this section shall be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.
  5. The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Oktibbeha County pursuant to the requirements of this section. Beginning with the insurance cafeteria plan year of November 1, 2014, the consolidated districts shall fall under all insurance plans and policies elected by the Starkville Public School District, including the group term life insurance described in Section 25-15-9(7).
  6. For the initial three (3) years following the administrative consolidation required by this section, the State Department of Education shall grant a waiver of accountability and state assessment requirements to the Starkville-Oktibbeha Consolidated School District, subject to the approval of the State Board of Education.
  7. As soon as practicable after March 31, 2015, the Conservator of the Oktibbeha County School District shall initiate the issuance of notes or certificates of indebtedness of the Oktibbeha County School District for the purpose of purchasing school buses, textbooks, computers and software and other equipment and fixtures for school facilities, and for any purposes enumerated in Section 37-59-3, Mississippi Code of 1972, and making repairs, alterations, utility upgrades and additions to two (2) elementary school buildings located in the Oktibbeha County School District in order to meet the same physical and educational standards as the elementary school buildings in Starkville, and to contribute funds to the Starkville School District for capital improvements to accommodate county school district students and increase capacity for the consolidation. The contribution of such funds to the Starkville School District is hereby authorized. Said notes or certificates of indebtedness shall be issued under the authority of Sections 37-59-101 through 37-59-115, Mississippi Code of 1972, including all notice requirements, however, the resolution as to the necessity for the issuance of the notes and the execution of the documents shall be made by the Conservator of the Oktibbeha County School District. The term of any notes or certificates of indebtedness issued under this section may not exceed the useful life of the financed project as determined according to the upper limit of useful life and depreciation guidelines established under the United States Internal Revenue Code and regulations. The levying authority for the Oktibbeha County School District, and after July 1, 2015, the levying authority for the Starkville-Oktibbeha Consolidated School District, shall annually levy a special tax on all taxable property of the former Oktibbeha County School District, and after July 1, 2015, on all taxable property of the Starkville-Oktibbeha Consolidated School District, in an amount sufficient to pay the principal of and interest on such negotiable notes or certificates of indebtedness as the same shall respectively mature and accrue. Said tax shall be levied as provided in Section 37-59-107, Mississippi Code of 1972, except that the levy shall not exceed three (3) mills on the dollar for the payment of all notes that are subject to the levy under Section 37-59-107. Any notes or certificates of indebtedness issued pursuant to this subsection (7) shall become indebtedness of the new Starkville-Oktibbeha Consolidated School District from and after July 1, 2015, and the mandatory special ad valorem tax levied to pay the notes or certificates of indebtedness by the levying authority pursuant to Section 37-59-107, Mississippi Code of 1972, shall be levied upon all of the taxable property within the Starkville- Oktibbeha Consolidated School District.
  8. For a period beginning July 1, 2014, and ending June 30, 2015, the Conservator of the Oktibbeha County School District shall issue negotiable bonds of the Oktibbeha County School District for the purpose of purchasing school buses, textbooks, computers and software and other equipment and fixtures for school facilities, and making repairs, alterations and additions and utility upgrades, and for any purposes allowed by Section 37-59-3, Mississippi Code of 1972, to school facilities in the Oktibbeha County School District and in the Starkville School District to accommodate students in the former Oktibbeha County School District who will be attending school in the new Starkville-Oktibbeha Consolidated School District and the increased capacity needs under the consolidation. Said bonds shall be issued under the authority of Sections 37-59-1 through 37-59-45, however, any resolutions as to the necessity for the issuance of any bonds and execution of the documents may be made periodically by the Conservator of the Oktibbeha County School District. Provided further, that the conservator shall publish each resolution of necessity and intent to issue any bonds once each week for at least three (3) consecutive weeks in a newspaper having general circulation in the Oktibbeha County School District, with the first publication thereof to be made not less than fifteen (15) days prior to the date upon which the conservator is to take final action upon the question of authorizing the issuance of said bonds. If no petition requesting an election is filed prior to the date and time of the meeting at which the conservator is to take final action on the issuance of said bonds, then the conservator shall authorize the issuance of the bonds. If at any time prior to the date and time of the meeting at which the conservator is to take final action upon the question of issuing such bonds a petition signed by not less than twenty percent (20%) of the qualified electors of the Oktibbeha County School District shall be filed with the Conservator of the Oktibbeha County School District requesting that an election be called on the question of issuing the bonds, then the conservator shall either rescind the applicable resolution of intent or adopt a resolution calling an election to be held within the territory of the Oktibbeha County School District upon such question. The election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the question of bond issues under Sections 37-59-11, 37-59-13, 37-59-15 and 37-59-17, and the results thereof shall be certified by the Oktibbeha County Election Commission to the Conservator of the Oktibbeha County School District. If three-fifths (3/5) of the qualified electors of the Oktibbeha County School District who voted in such election vote in favor of the issuance of such bonds, then the conservator shall authorize the Oktibbeha County School District to issue such bonds. Notwithstanding any provision to the contrary, the Oktibbeha County School District may issue bonds pursuant to this subsection (8) in an amount which, when added to all of the Oktibbeha County School District’s then outstanding bonded indebtedness, shall not result in the imposition on any of the property in said district of an indebtedness for school purposes of more than twenty percent (20%) of the assessed value of the taxable property within said district, according to the then last completed assessment for taxation. Any bonds issued pursuant to this subsection (8) shall become indebtedness of the new Starkville-Oktibbeha Consolidated School District from and after July 1, 2015, and the mandatory special ad valorem tax to be levied by the levying authority pursuant to Section 37-59-23, Mississippi Code of 1972, to pay the bonds shall be levied upon all taxable property within the Starkville-Oktibbeha Consolidated School District.
  9. For a period beginning July 1, 2015, and ending July 1, 2024, the new Starkville-Oktibbeha Consolidated School District Board of Trustees may periodically issue negotiable bonds in one or more series of the Starkville-Oktibbeha Consolidated School District for the purpose of purchasing school buses, textbooks, computers and software and other equipment and fixtures for school facilities and for any purposes enumerated in Section 37-59-3, Mississippi Code of 1972.The term of any such bonds may not exceed the useful life of the financed project as determined according to the upper limit of useful life and depreciation guidelines established under the United States Internal Revenue Code and regulations.Said bonds shall be issued under the authority of Sections 37-59-1 through 37-59-45, including all notice and publication requirements, however, the necessity for the issuance of the bonds shall be made pursuant to a reverse referendum procedure to be followed by the Starkville-Oktibbeha Consolidated School District Board of Trustees as follows:the board of trustees shall publish each resolution of necessity and intent to issue bonds once each week for at least three (3) consecutive weeks in a newspaper having general circulation in the Starkville-Oktibbeha Consolidated School District, with the first publication thereof to be made not less than fifteen (15) days prior to the date on which the board of trustees is to take final action authorizing the issuance of the bonds. If no petition requesting an election is filed prior to the date and time of the meeting at which the board of trustees is to take final action on the issuance of the bonds, the board of trustees shall authorize the issuance of the bonds.If at any time prior to the date and time of the meeting at which the board of trustees is to take final action authorizing the issuance of the bonds a petition signed by not less than twenty percent (20%) of the qualified electors of the Starkville-Oktibbeha Consolidated School District shall be filed with the Board of Trustees of the Starkville-Oktibbeha Consolidated School District requesting that an election be called on the question of issuing the bonds, then the board of trustees shall, not later than its next regular meeting, adopt a resolution calling an election to be held within the Starkville-Oktibbeha Consolidated School District upon such question.The election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the question of bond issues under Sections 37-59-11, 37-59-13, 37-59-15 and 37-59-17, and the results thereof shall be certified to the Starkville-Oktibbeha Consolidated School District Board of Trustees, as the case may be.If three-fifths (3/5) of the qualified electors of the Starkville-Oktibbeha Consolidated School District who voted in such election vote in favor of the issuance of such bonds, then the board of trustees shall issue such bonds. Notwithstanding any provision to the contrary, the Starkville-Oktibbeha Consolidated School District may issue bonds pursuant to this subsection (9) in an amount which, when added to all of the Starkville-Oktibbeha Consolidated School District’s then outstanding bonded indebtedness, shall not result in the imposition on any of the property in said district of an indebtedness for school purposes of more than twenty percent (20%) of the assessed value of the taxable property within said district, according to the then last completed assessment for taxation.Any bonds issued pursuant to this subsection (9) shall be indebtedness of the new Starkville-Oktibbeha Consolidated School District.The mandatory special ad valorem tax to be levied by the levying authority pursuant to Section 37-59-23, Mississippi Code of 1972, shall be levied on all taxable property of the Starkville-Oktibbeha Consolidated School District.
  10. Notwithstanding any law or any provision of any law to the contrary, from and after July 1, 2015, all outstanding debt of the former Oktibbeha County School District and the former Starkville School District shall be assumed by and become the debt of the new Starkville-Oktibbeha Consolidated School District. Any debt assumed by the Starkville-Oktibbeha Consolidated School District secured by a special ad valorem tax shall become secured by and payable from a mandatory, special ad valorem tax which shall be levied on all taxable property in the Starkville-Oktibbeha Consolidated School District by the levying authority of the Starkville-Oktibbeha Consolidated School District. All debt secured by a pledge by either district of its education enhancement funds pursuant to Section 37-61-33, Mississippi Code of 1972, or by a pledge of its Mississippi Adequate Education Program funds will continue to be secured by and payable from the same funds after the debt is assumed by the Starkville-Oktibbeha Consolidated School District as of July 1, 2015. It is the intent of the Legislature that any such pledges will remain in effect and that the pledged funds will be available to the Starkville-Oktibbeha Consolidated School District to pay its debt to which the funds are pledged.
  11. It shall be the responsibility of the Board of Supervisors of Oktibbeha County to provide office, furnishing and utilities for the administrative Office of the Superintendent of the Starkville-Oktibbeha Consolidated School District.
  12. The new Starkville-Oktibbeha Consolidated School District is authorized and encouraged to develop a partnership with Mississippi State University to create a model rural education school to serve all sixth- and seventh-grade students from Oktibbeha County and a model prekindergarten program which shall also serve as a model for the education of teachers and administrators. The Starkville-Oktibbeha Consolidated School District and Mississippi State University are authorized and empowered, in each’s discretion, to enter into an agreement for the purpose of designing, constructing, maintaining and operating a model rural education school to serve all sixth- and seventh-grade students from Oktibbeha County. The Starkville-Oktibbeha Consolidated School District and Mississippi State University are further authorized and empowered, in each’s discretion, to transfer funds to the other and expend such funds on mutually agreeable terms and conditions for the construction, maintenance and operation of such school.
  13. The Board of Supervisors of Oktibbeha County shall be the “levying authority” for the Starkville-Oktibbeha Consolidated School District.

HISTORY: Laws, 2013, ch. 572, § 2; Laws, 2014, ch. 537, § 2; Laws, 2015, ch. 429, § 3; Laws, 2016, ch. 354, § 1; Laws, 2017, ch. 437, § 2, eff from and after July 1, 2017.

Editor’s Notes —

The effective date of Chapter 572, which added this section, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 572 to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated October 24, 2013, the United States Attorney General responded to the submission of Chapter 572 that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 572 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 572, so Chapter 572 became effective from and after October 24, 2013, the date of the United States Attorney General’s response letter.

Laws of 2013, ch. 572, § 1, as amended by Laws of 2014, ch. 537, § 1, effective from and after passage (approved April 24, 2014), provides:

“SECTION 1. (1) The Conservator of the Oktibbeha County School District shall fully cooperate and accommodate any and all requests from the Starkville School District regarding the transition to the new Starkville-Oktibbeha Consolidated School District, which shall include, but is not limited to, planning and assignment of: (a) school grades, (b) school programs, (c) repairs and renovations to school facilities, (d) school services, (e) school operations, (f) school staffing, and (g) alignment of curriculum.

“(2) There is hereby created and established an advisory council to be known as the Commission on Starkville Consolidated School District Structure. It shall be the responsibility of the Commission on Starkville Consolidated School District Structure to review the current structure of the school districts and schools in Starkville, Mississippi, and in Oktibbeha County, Mississippi, and make recommendations on future actions of the provision and transition of service of the newly consolidated school district in order to improve both the quality of education and the efficiency with which it is delivered. The commission shall not decide the issue of whether or not the districts shall be consolidated. The commission shall be composed of seven (7) members as follows:

“(a) The State Superintendent of Education, or his designee, who shall serve as Chairman of the Commission;

“(b) Three (3) representatives of the Starkville School District appointed by the Board of Trustees of the Starkville School District and who may be members of the board or the Superintendent of Schools;

“(c) One (1) resident of the former Oktibbeha County School District to be appointed by the State Superintendent of Education;

“(d) The Conservator for the Oktibbeha County School District appointed by the State Board of Education; and

“(e) One (1) representative of Mississippi State University appointed by the President of Mississippi State University.

“(3) The Commission on Starkville Consolidated School District Structure shall meet within thirty (30) days of passage of this act upon the call of the State Superintendent of Education and shall hold hearings and meet as necessary and develop a report to the Legislature, the Governor and the State Board of Education on or before March 1, 2014, with recommendations to accomplish the following:

“(a) Review the current structure of school districts and the location of schools in Starkville, Mississippi, and Oktibbeha County, Mississippi, and recommend how they can be consolidated into one (1) school district in order to improve both the quality of education and the efficiency at which it is delivered.

“(b) Review the capital facility needs of both school districts and recommend methods of financing necessary improvements, including the possibility of pledging Mississippi Adequate Education Program funds for capital improvement purposes.

“(c) Detail in the report how best to implement consolidation and make any other recommendations on how to maximize education quality in Starkville and Oktibbeha County while eliminating duplicative and wasteful administrative spending.

“(d) The commission shall also be authorized to recommend that portions of the Oktibbeha County School District be merged into districts in adjoining counties.

“The commission shall have the authority to raise and to expend nonstate funds. The State Department of Education shall provide staff and such other support as the commission deems appropriate. After submitting its report on or before March 1, 2014, the commission shall be dissolved.”

Laws of 2016, ch. 354, § 2, provides:

“SECTION 2. Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, Mississippi State University is authorized and empowered, in its discretion, to lease to the Starkville-Oktibbeha Consolidated School District and the Starkville-Oktibbeha Consolidated School District is authorized and empowered, in its discretion, to lease from Mississippi State University, upon mutually agreeable terms and conditions, land suitable for a model rural education school to serve all sixth- and seventh-grade students from Oktibbeha County for a term not to exceed ninety-nine (99) years. Any such lease shall not be cancelled by successor boards based on the binding successor doctrine.”

Amendment Notes —

The 2014 amendment rewrote the section to establish the Starkville-Oktibbeha Consolidated School District, and added (7) through (13).

The 2015 amendment rewrote (7) through (10) to provide that the special ad valorem taxes levied by the Board of Supervisors of Oktibbeha County to pay the principal and interest on certain notes and bonds issued after July 1, 2015, for equipment and school facility capital improvements in the former Oktibbeha County School District shall be on all taxable property of the new Starkville-Oktibbeha Consolidated School District.

The 2016 amendment added the last two sentences of (12).

The 2017 amendment, in (7), inserted “and after July 1, 2015, on all taxable property of the Starkville-Oktibbeha Consolidated School District” in the fifth sentence, and substituted “Section 37-59-107, Mississippi Code of 1972, shall be levied upon all of the taxable property within the Starkville-Oktibbeha Consolidated School District” for “Section 37-59-101, Mississippi Code of 1972, shall be levied upon all of the taxable property within the former Oktibbeha County School District” in the last sentence”; in (8), inserted “periodically” near the end of the first sentence, substituted “publish each resolution of necessity and intent to issue any bonds” for “publish notice of the issuance of the bonds” in the second sentence, substituted “date and time of the meeting at which” for “date on which” in the third and fourth sentences, in the fourth sentence, substituted “conservator is to take final” for “conservator takes final” and inserted “applicable,” inserted “37-59-11” in the fifth sentence, inserted “of the Oktibbeha County School District” in the sixth sentence, substituted “levied upon all taxable property within the Starkville-Oktibbeha Consolidated School District” for “levied only upon the taxable real property that was within the former Oktibbeha County School District” in the eighth sentence, and deleted the former last sentence, which read: “The tax for the bonds may not be imposed on the real property within the former Starkville School District”; in (9), inserted “periodically” and “in one or more series” in the first sentence, substituted “publish each resolution of necessity and intent to issue bonds” for “publish notice of the issuance of the bonds” in the third sentence, substituted “date and time of the meeting at which” for “date on which” in the fourth and fifth sentences, inserted “37-59-11” in the sixth sentence, and inserted “of the Starkville-Oktibbeha Consolidated School District” in the seventh sentence; rewrote the second sentence of (10), which read: “Any debt assumed by the Starkville-Oktibbeha Consolidated School District secured by a special ad valorem tax shall be secured by and payable from a special ad valorem tax levied on taxable property in the former Starkville School District and the former Oktibbeha County School District, by its respective levying authority”; and made minor stylistic changes.

§ 37-7-104.4. Administrative consolidation of Montgomery County and Winona Municipal Separate School Districts into new countywide separate school district designated Winona-Montgomery Consolidated School District; procedure.

  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.
    1. 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.
    2. In the new Winona-Montgomery Consolidated School District, there shall be a new countywide municipal separate school district board of trustees comprised of five (5) members, which shall consist of the existing members of the Board of Trustees of the Winona Municipal Separate School District. However, when consolidation becomes effective, the two (2) appointed board members of the Winona Municipal Separate School District whose terms are nearest to expiration shall expire on January 1, 2019, shall thereafter become elected positions to be filled by the election of board members in a manner prescribed in subparagraph (ii) of this paragraph (b). The new countywide municipal separate school district board of trustees of the Winona-Montgomery Consolidated School District shall be comprised as follows:
      1. The three (3) members of the existing Board of Trustees of the Winona Municipal Separate School District appointed by the Board of Aldermen of the City of Winona with the most years remaining in their terms shall serve until the expiration of such appointed term and thereafter, appointments shall each be selected for a term of four (4) years beginning on January 1 of the year next succeeding the appointment;
      2. The two (2) members of the board elected after the appropriate appointments become permanently elected positions, shall be elected for a term of four (4) years by the electors of Montgomery County residing outside of the Winona corporate limits who shall be residents of that territory and who shall be elected in an election held on Tuesday after the first Monday in November 2018, in the manner prescribed in Section 37-7-203, and the elected members will take office on January 1, 2019. All subsequent members of the board elected from the territory outside of the Winona corporate limits 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 member or members, and shall take office on January 1 next succeeding the election; and
      3. The Board of Supervisors of Montgomery County and the State Board of Education, with the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), shall apportion the territory of the new consolidated school district located outside the Winona corporate limits into two (2) new proportionately equal single member board of trustee election districts. The board of supervisors shall thereafter publish the same in some newspaper of general circulation in 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 school boards of each school district in the county, the new district lines will thereafter be effective for the November 2018 special election. Any school board member of the former school districts residing in the proper territory shall be eligible for appointment or election to the new Board of Trustees for Winona-Montgomery Consolidated School District.
    3. Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation 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.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

HISTORY: Laws, 2016, ch. 465, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error. In (3)(b)(iii), “2018” was substituted for “2017.” The Joint Committee ratified the correction at its August 5, 2016, meeting.

§ 37-7-104.5. Administrative consolidation of Lumberton Public School District; agreement between school boards of Lumberton Public, Lamar County and Poplarville Separate School Districts to abolish and dissolve Lumberton School District; Commission on Administrative Consolidation of the Lumberton Public School District created; composition and purpose.

  1. Not later than July 1, 2019, the local school boards of the Lumberton Public School District, Lamar County School District and Poplarville Separate School District shall, under the authority provided in Section 37-7-103, enter into an agreement, by which the approval of such agreement shall be spread upon each board’s minutes of their regularly scheduled meetings or at special meetings called for the specific purpose of such agreement, to abolish and dissolve the Lumberton School District and its central administrative office to be effective for the start of the 2019-2020 school year. The agreement between each school board made parties thereto must consider:
    1. The composition of the district boundaries of the Lumberton Public School District, as it existed on January 1, 2016, to ensure that the student population to be transferred to the Lamar County School District and Poplarville Separate School District does not disparately impact the desegregation of either school district entering into agreement;
    2. The territory embraced by Lumberton, Mississippi, located within the bounded territory of Lamar County, from which the school district to be abolished by agreement draws a portion of its student population, shall be absorbed into the boundary lines of the Lamar County School District, which shall spread a legal description of the district’s new boundaries upon its minutes. It shall be the responsibility of the board of supervisors of such county to apportion the school district into five (5) new single-member board of education election districts, which shall be consistent with the apportioned population of the existing Lamar County School District and that portion of the former Lumberton Public School District situated within Lamar County as the former district existed on July 1, 2016. The board of supervisors of the county shall thereafter publish the same in some newspaper of general circulation in 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 school boards of each appropriate school district in the county, the new district lines will thereafter be effective; and
    3. The territory embraced by Lumberton, Mississippi, located within the bounded territory of Pearl River County, from which the school district to be abolished by agreement draws a portion of its student population, shall be absorbed into the boundary lines of the Poplarville Separate School District as added territory, which shall spread a legal description of the district’s new boundaries with added territory upon its minutes. It shall be the responsibility of the municipal governing authority having jurisdiction over the territory wherein the Poplarville Separate School District is located to provide residents of the added territory with representation on the school board as authorized under the provisions of Section 37-7-203(1), which shall be consistent with the apportioned population of the existing Poplarville Separate School District and the percentage of the student population from that portion of the former Lumberton Public School District situated in Pearl River County within the added territory of the Poplarville Separate School District as the former district existed on July 1, 2016. The municipal governing authority shall thereafter publish the same in some newspaper of general circulation in 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 school boards of each appropriate school district in the county, the new member districts will thereafter be effective; and
    1. There is hereby created and established an advisory council to be known as the Commission on the Administrative Consolidation of the Lumberton Public School District. The commission shall be composed of eleven (11) members as follows:
      1. The State Superintendent of Education, or his designee, who shall serve as Chairman of the Commission;
      2. The Superintendent of the Lumberton Public School District;
      3. The Superintendent of Education of the Lamar County School District;
      4. The Superintendent of the Poplarville Separate School District;
      5. Two (2) members of the Lamar County Board of Education to be appointed by the Lamar County Board of Education;
      6. One (1) member of the Board of Trustees of the Poplarville Separate School District to be appointed by the Board of Trustees of the Poplarville Separate School District;
      7. One (1) member of the Board of Trustees of the Lumberton Public School District to be appointed by the Board of Trustees of the Lumberton Public School District;
      8. One (1) resident of the area which comprises the Lumberton Public School District to be appointed by the State Superintendent of Public Education;
      9. One (1) resident of the area which comprises the Lamar County School District to be appointed by the Lamar County Board of Supervisors; and
      10. One (1) resident of the area which comprises the Poplarville Separate School District to be appointed by the Pearl River Board of Supervisors.
    2. The Commission on the Administrative Consolidation of the Lumberton Public School District shall meet within thirty (30) days of July 1, 2016, upon the call of the State Superintendent of Education and shall hold hearings and meet as necessary and develop a report to the Legislature, the Governor and the State Board of Education on or before December 1, 2017, with the agreed-upon plan for proceeding with the abolition and dissolving of the Lumberton Public School District, which shall include a reasonable effort to maintain and operate a school in the former Lumberton Public School District by which students desiring may, in the discretion of the parents of such students, attend.
    3. The plan may provide an option for students enrolled in the schools of the Lumberton Public School District on May 1, 2017, and children registered for kindergarten on that date with the Lumberton Public School District may be granted an automatic transfer by the Lamar County Board of Education or the Poplarville School Board, as determined by the agreed-upon plan.
  3. Nothing in this section shall be construed to require the closing or maintenance 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.

HISTORY: Laws, 2016, ch. 463, § 1, eff from and after July 1, 2016.

§ 37-7-104.6. Administrative consolidation of Leflore County and Greenwood Municipal Separate School Districts into new countywide school district designated Greenwood-Leflore School District; procedure.

  1. In Leflore County, Mississippi, in which are located, as of January 1, 2016, two (2) school districts, there shall be an administrative consolidation of those school districts in the county into one (1) new countywide school district to be designated as Greenwood-Leflore School District which shall consist of the territory of the former Leflore County School District and the Greenwood Municipal Separate School District, effective on July 1, 2019. At such time that the administrative consolidation becomes effective, the central administrative office of the Greenwood-Leflore School District shall be current Greenwood Public School District Central Office, located in Greenwood, 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.
    1. On July 1, 2018, the State Board of Education shall serve the local school boards of the Leflore County School District and the Greenwood Municipal Separate School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall require the administrative consolidation of Leflore County School District and the Greenwood Municipal Separate School District on or before July 1, 2019. In the new Greenwood-Leflore 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. 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:
      1. 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;
      2. 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
      3. 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.
    2. 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.
    3. No previous school board member of the former school district that was placed under conservatorship residing in the proper territory shall be eligible for selection to the new Board of Education for the Greenwood-Leflore Consolidated School District.
    4. The State Board of Education shall declare that the territory embraced by Leflore County, Mississippi, shall be the boundary lines for the territory of the new Greenwood-Leflore School District and shall spread a legal description of the new school district on the minutes of its August 2018 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. Any school board member of the former school districts residing in the proper supervisors district shall be eligible for election to the new Board of Education for the Greenwood-Leflore School District unless such person was serving as a member of the board when either district subject to consolidation under this section was placed under conservatorship, which shall render the board member ineligible for election.
    5. Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into the Greenwood-Leflore School District by July 1, 2019, following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.
  4. The successor Greenwood-Leflore Board of Education shall appoint a new Superintendent of Schools for the Greenwood-Leflore School District to be selected no later than July 1, 2019, in the manner provided in Section 37-9-13. The position of Greenwood-Leflore Superintendent of Schools shall be an appointive position. The successor Greenwood-Leflore Board of Education shall also employ central office staff for the Greenwood-Leflore School District no later than July 1, 2019.
    1. On January 1, 2020, following the motion of the State Board of Education to consolidate school districts in Leflore County and the Greenwood Municipal Separate School Districts, the Leflore County and the Greenwood Municipal Separate School Districts and the former school boards of those districts shall be abolished. All real and personal property which is owned or titled in the name of the school district located in such former school districts shall be transferred to the new Greenwood-Leflore Consolidated School District.
    2. The new board of trustees of the Greenwood-Leflore Consolidated School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2019-2020 school year and each school year thereafter.
    3. The new board of trustees for the Greenwood-Leflore Consolidated School District shall appoint the superintendent of schools for the school district. The superintendent of schools for the Greenwood-Leflore Consolidated School District may appoint three (3) assistant superintendents of schools for the district, but in no instance shall the administrative leadership of the Greenwood-Leflore Consolidated School District have more than three (3) assistant superintendents of education. The subsequent superintendent of schools of the consolidated school district shall not be elected, but shall thereafter be appointed by the successor board of trustees in the manner provided in Section 37-9-25. It shall be the responsibility of the successor board of trustees to prepare and approve the budget of the new consolidated district, and the successor board of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation.
    4. Any person or school district aggrieved by an order of the successor newly selected board of trustees of the Greenwood-Leflore 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 Greenwood-Leflore 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.
  6. 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.
  7. The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Leflore County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (6) of Section 25-15-9.
  8. The County Board of Education and the Superintendent of Education of the former Leflore County School District and the local school board and Superintendent of Schools of the Greenwood-Leflore Public 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.

HISTORY: Laws, 2016, ch. 464, § 1, eff from and after July 1, 2016.

§ 37-7-104.7. Administrative consolidation of Holmes County and Durant Public School Districts into new countywide school district designated Holmes County Consolidated School District; procedure.

  1. In Holmes County, Mississippi, in which are located, as of January 1, 2016, two (2) school districts, there shall be an administrative consolidation of all of those school districts in the county into one (1) new countywide school district to be designated as Holmes County Consolidated School District which shall consist of the territory of the former Holmes County School District and the Durant Public School District, effective on July 1, 2018. At such time that the administrative consolidation becomes effective, the central administrative office of the Holmes County Consolidated School District shall be located in Lexington, Mississippi.
  2. Within two (2) years prior to the date of consolidation, or as soon as practicable after July 1, 2016, 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.
    1. On or before July 1, 2017, the State Board of Education shall serve the local school boards of the Holmes County School District and the Durant Public School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of Holmes County School District and the Durant Public School District on or before July 1, 2018. In the new Holmes County Consolidated School District, there shall be a new county board of education elected in a November 2017 special election, which shall be called by the Governor for that purpose. The new county board of education shall be elected and the terms of office established as provided in Section 37-5-7(3). The State Board of Education shall declare that the territory embraced by Holmes County, Mississippi, shall be the boundary lines for the territory of the new Holmes County Consolidated School District and shall spread a legal description of the new school district on the minutes of its August 2017 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. It shall be the responsibility of the board of supervisors of such county to apportion the newly consolidated school district into five (5) new single member board of education election 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 in 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 school boards of each appropriate school district in the county, the new district lines will thereafter be effective for the November 2017 special election.
    2. Any school district affected by the required administrative consolidation in Holmes 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 on July 1 following the November 2017 special election of the new school board members. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into the Holmes County Consolidated School District by July 1, 2018, following the election of the new board of trustees. The affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the election of the new board of trustees.
    1. On July 1, 2018, following the election of the new board of trustees of the Holmes County Consolidated School District, the former county board of education for Holmes County and the former board of trustees of the Durant Public School Districts shall be abolished. All real and personal property which is owned or titled in the name of the school district located in such former school districts shall be transferred to the new Holmes County Consolidated School District.
    2. The new board of trustees of the Holmes County Consolidated School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2018-2019 school year and each school year thereafter.
    3. The new board of trustees for the Holmes County Consolidated School District shall appoint the superintendent of schools for the school district. The superintendent of schools for the Holmes County Consolidated School District may appoint an assistant superintendent of schools for the district, but in no instance shall the administrative leadership of the Holmes County Consolidated School District have more than one (1) assistant superintendent of education. The subsequent superintendent of schools of the consolidated school district shall not be elected, but shall thereafter be appointed by the successor board of trustees in the manner provided in Section 37-9-25. It shall be the responsibility of the successor board of trustees to prepare and approve the budget of the new consolidated district, and the successor board of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation.
    4. Any person or school district aggrieved by an order of the successor newly selected board of trustees of the Holmes County 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 Holmes County 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 Holmes County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (6) of Section 25-15-9.
  7. The County Board of Education and the Superintendent of Education of the former Holmes County School District and the local school board and Superintendent of Schools of the Durant Public 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.

HISTORY: Laws, 2016, ch. 466, § 1, eff from and after July 1, 2016.

§ 37-7-104.8. Administrative consolidation of Chickasaw County and Houston Municipal Separate School Districts into new school district designated Chickasaw County School District; procedure.

  1. In Chickasaw County, Mississippi, in which are located, as of January 1, 2017, three (3) school districts, there shall be an administrative consolidation of two (2) of those school districts in the county as a new school district to be designated as Chickasaw County School District which shall consist of the territory of the former Chickasaw County School District and the Houston Municipal Separate School District, effective on July 1, 2021. At such time that the administrative consolidation becomes effective, the central administrative office of the new Chickasaw County School District shall be located in Houston, Mississippi.
  2. On July 1, 2020, the Superintendent of Schools of the former Houston Municipal Separate School District shall continue to serve in like administrative capacity for the purpose of managing the transition for the consolidation of the former Chickasaw County School District and the Houston Municipal Separate School District. The said Superintendent of Schools shall be responsible for the administration, management and operation of the school district from July 1, 2020, until July 1, 2021, including, but not limited to, the following activities: (a) merging the existing budgets with the budget of the new consolidated school district; (b) nonrenewal of central office staff as necessary; (c) construction of a new salary scale for licensed and nonlicensed employees; (d) supplemental duties of school district employees; (e) assist local officials with school tax assessment; (f) appointment of assistant superintendents for the new district not to exceed three (3); and (g) veto authority over decisions of the former school boards until the new Chickasaw County Board of Education is in place. The said Superintendent of Schools shall cooperate with the State Department of Education, as soon as practicable after July 1, 2017, for the planning and transition of programs, services and alignment of curriculum for the administratively consolidated school districts.
  3. On July 1, 2020, the State Board of Education shall serve the Chickasaw County Board of Education and the Board of Trustees of the Houston Municipal Separate School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall require the administrative consolidation of the Chickasaw County School District and the Houston Municipal Separate School District on or before July 1, 2021.
  4. In the new Chickasaw County School District, there shall be an Interim County Board of Education elected in a November 2020 special election which shall be called by the Governor for that purpose. The State Board of Education shall declare that the following territory shall be the election districts for the Interim Chickasaw County Board of Education, and members shall be qualified electors residing in that district: (a) three (3) members shall be elected at large from the territory of the former Houston School District; and (b) two (2) members shall be elected at large from the territory of the former Chickasaw County School District. Members elected in the November 2020 special election shall serve terms of three (3) years beginning on January 1, 2021. There shall be a new Chickasaw County Board of Education for the Chickasaw County School District, elected on the first Tuesday after the first Monday in November 2023, at the same time and in the same manner as the statewide general election is held and conducted, for that purpose. The new county board of education shall be elected and the terms of office established as provided in Section 37-5-7(5). Any school board member of the former school districts residing in the proper territory shall be eligible for election to the new Chickasaw County Board of Education.
  5. The State Board of Education shall declare that the territory embraced by Chickasaw County, Mississippi, excluding the territory of Okolona Separate School District, shall be the boundary lines for the territory of the new Chickasaw County School District and shall spread a legal description of the new school district on the minutes of its August 2020 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into the Chickasaw School District by July 1, 2021, following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.
  6. The Interim Chickasaw County Board of Education shall conduct a search for a new Superintendent of Schools for the Chickasaw County School District to be selected no later than July 1, 2021, in the manner provided in Section 37-9-13 and the Superintendent of Schools serving on that date may be selected to continue in office. The position of Chickasaw County Superintendent of Schools shall be an appointive position. No superintendent serving in a school district placed under conservatorship shall be eligible for appointment as a superintendent or assistant superintendent in the new Chickasaw County School District. The Interim Chickasaw County Board of Education shall also employ central office staff for the Chickasaw County School District no later than July 1, 2021, or as soon thereafter as is practicable.
  7. On January 1, 2021, following the motion of the State Board of Education to consolidate school districts in Chickasaw County and the Houston Municipal Separate School Districts, the Chickasaw County School District and the Houston Municipal Separate School District and the former school boards of those districts shall be abolished. All real and personal property which is owned or titled in the name of the school district located in such former school districts shall be transferred to the new Chickasaw County School District. The Superintendent of Schools and the County Board of Education of the new Chickasaw County School District shall be responsible for establishing the contracts for teachers, principals, clerical and administrative staff personnel for the 2020-2021 school year and thereafter. It shall be the responsibility of the Superintendent of Schools and the County Board of Education of the new Chickasaw County School District to prepare and approve the budget of the new reorganized district. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation.
  8. From and after July 1, 2021, all outstanding debt of the former Chickasaw County School District and the Houston Municipal Separate School District shall be assumed by and become the debt of the new Chickasaw County School District. Any debt assumed by the Chickasaw County School District secured by a special ad valorem tax shall become secured by and payable from a mandatory, special ad valorem tax which shall be levied on all taxable property in the territory of the former Houston Municipal Separate School District or the former Chickasaw County School District, as the case may be, by the levying authority of the new Chickasaw County School District. It is the intent of the Legislature that any such pledges of the former school districts will remain in effect and that the pledged funds will be available to the new Chickasaw County School District to pay its debt to which the funds are pledged. The Board of Supervisors of Chickasaw County shall be the “levying authority” for the new Chickasaw County School District.
  9. 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.
  10. The State Board of Education, acting through the new Superintendent of Schools, shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Chickasaw County and Houston, Mississippi, pursuant to this section. The consolidated district shall make an election within one (1) year of consolidation concerning the group term life insurance described in Section 25-15-9(7).
  11. For the initial two (2) years following the administrative consolidation required by this section, conditioned on approval by the U.S. Department of Education, the State Department of Education shall grant a waiver of accountability and state assessment requirements to the new Chickasaw County School District for the student population enrolled therein from the former Chickasaw County School District and the Houston Municipal Separate School District, when determining the new consolidated school district accreditation level based on the performance and accountability rating model.

HISTORY: Laws, 2017, ch. 436, § 1, eff from and after July 1, 2017.

§ 37-7-105. Procedure for alteration of district boundaries or consolidation of school districts by school boards; effect of consolidation as to contracts and taxation.

  1. In cases where two (2) or more school boards determine that it is appropriate that their existing boundaries be altered to provide better service to students, each school board shall enter on its minutes the legal description of new district lines and shall publish the order altering such districts in some newspaper published and having a general circulation in such district(s) once each week for three (3) consecutive weeks, which said order shall be duly certified by the president of said school board. If no newspaper be published in said school district, then such order shall be published for the required time in some newspaper having a general circulation therein, and, in addition, a copy of said order shall be posted for the required time at three (3) public places in the school district. The order so published shall contain a provision giving notice that said order shall become final thirty (30) days after the first publication of said notice unless a petition is filed protesting against same within such time. In the event no such petition be filed, the said order shall become final at said time. However, in the event twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of any school district altered by such order shall file a petition with the school board, within thirty (30) days after the first publication of said notice, protesting against the alteration of such district, then an election shall be called and held, on order of the school board, by the county election commission(s), after publication of legal notice of such election, which said election shall be held within thirty (30) days after the first publication of the notice of such election. At such election the question shall be submitted to the qualified electors of the district or districts in which a petition is filed as to whether or not such district or districts shall be altered as provided in the said order of the school board. If a majority of those voting in said election in each district affected and from which a petition is filed shall vote in favor of the order of the school board then such order shall become final. If a majority of those voting in said election in any district from which a petition is filed shall vote against the order of the school board then such order shall be void and of no effect and no further attempt to make the proposed change in such district shall be made for a period of at least two (2) years after the date of said election.
  2. When the orders of all boards adopting the new lines have been entered and are final, all orders shall be submitted to and considered by the State Board of Education as prescribed in Section 37-7-113, Mississippi Code of 1972. If the new lines are approved by the State Board of Education, the new district lines shall be submitted to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines are either precleared by the United States Department of Justice, or approved by the United States District Court, the State Board of Education shall formally declare the new lines as the new boundaries of the school districts.
  3. Should two (2) or more school districts determine that they wish to consolidate, the following actions shall be taken by the districts to perfect this consolidation: (a) Each board shall state its intent to consolidate with the other district or districts by passing a resolution of the board to that effect and spreading it on the minutes of the districts; and (b) each school board shall publish the order consolidating such districts in some newspaper having a general circulation in such district(s) once each week for three (3) consecutive weeks, which said order shall be duly certified by the president of said school board. The order so published shall contain a provision giving notice that said order shall become final thirty (30) days after the first publication of said notice unless a petition is filed protesting against same within such time. In the event no such petition be filed, the said order shall become final on said date. However, in the event twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of any one (1) of the school districts affected by the proposed consolidation shall file a petition with the applicable school board, within thirty (30) days after the first publication of said notice, protesting against the consolidation of such district or districts, then an election shall be called and held in such school districts where petitions were filed, on order of the school board, by the county election commission(s), after publication of legal notice of such election, which said election shall be held within thirty (30) days after the first publication of the notice of such election. At such election the question shall be submitted to the qualified electors of any district or districts in which petitions were filed as to whether or not such district or districts shall be consolidated as provided in the said order of the school boards. If a majority of those voting in said election shall vote in favor of the order of the school boards then such order shall become final. Should less than a majority of the electors of any single school district vote in favor of the adoption of the proposed consolidation, such school district shall not participate in any voluntary consolidation as authorized in this subsection, and the proposed consolidation plan adopted by such districts shall be void.

    After the order of the local school boards becomes final, it shall be submitted to and considered by the State Board of Education. If approved by the State Board of Education, the consolidation shall be submitted by the local school boards to the appropriate federal agencies for approval. After all preclearance has been received, the State Board of Education shall declare the new boundaries of the consolidated school district and all action shall proceed as outlined under law using the new boundaries.

    Upon preclearance of such consolidation, all school boards shall approve a joint resolution for the election of five (5) new board members from single member districts as provided by law. These elections shall be scheduled prior to May 1 of the year in which the consolidation is to become effective. The new consolidated district shall become effective on July 1 of that same year. The superintendent of any district created through consolidation shall be appointed if all of the school districts which are consolidating had previously appointed their superintendents. The superintendent of any district created through consolidation shall be elected if all of the school districts which are consolidating had previously elected their superintendents. In the event two (2) or more school districts consolidating under the provisions of this section shall have previously appointed one or more superintendents and elected the remainder, the superintendent shall be elected or appointed in accordance with the method utilized by the consolidating school district or districts with the larger or largest student populations. The superintendent shall begin work as the superintendent on July 1 of such year when the consolidation becomes effective. The order to consolidate shall invalidate the contracts of the superintendents of the preceding districts and shall terminate the term of the superintendent if that person was elected. The order to consolidate shall invalidate the term of any school board member beyond July 1 of that year whether they are elected or appointed. Any school board member from any school district may be eligible to run for election to the new consolidated school board.

    Each school board shall be responsible for establishing the contracts for teachers and principals for the next school year with the consultation of the successor school board if they have been selected at the time such decisions are to be made. The selection of administrator in the central administration office shall be the responsibility of the successor school board. No existing dates for renewal of contracts shall invalidate the responsibility of the successor school board in taking such action. The successor school board may enter into these contracts at any time following their election, but no later than July 1 of that year. It shall also be the responsibility of the successor school board to prepare and approve the budget of the new district. The successor school board may use staff from the existing districts to prepare the budget. The school board shall have authority to approve the budget prior to the July 1 date and shall follow the time line established for budget preparation under the law. Should either district at the time of consolidation have more liabilities than assets, then the successor school board shall be authorized to levy an ad valorem tax upon the taxable property in the territory of the district where the deficit exists, a tax not to exceed five percent (5%) of the existing tax levy for the sole purpose of reducing the deficit. When the deficit is eliminated, then such tax levy shall be terminated. Any taxes levied to bring about the equalization of funding, to equalize pay scales or levied in the territory of a newly created district where a deficit exists, shall constitute a “new program” for the purposes of ad valorem tax limitations as prescribed in Sections 27-39-321 and 37-57-107, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 53; Laws, 1991, ch. 471, § 2, eff August 14, 1991 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Editor’s Notes —

Laws of 1990, Chapter 589, § 47, amended this section effective July 1, 1990, provided that the Legislature, by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declare that sufficient funds were dedicated and made available for the implementation of Chapter 589. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions were not implemented. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1991, ch. 471, § 2, on August 14, 1991.

State Board of Education generally, see §§37-1-1 et seq.

Federal Aspects—

Section 5 of the Voting Rights Act of 1965, see 42 USCS § 1973c.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 56, 57.

CJS.

78 C.J.S., Schools and School Districts §§ 45-48, 110 et seq.

Law Reviews.

Miller, Who shall rule and govern? Local legislative delegations, racial politics, and the Voting Rights Act. 102 Yale L. J. 105, October 1992.

JUDICIAL DECISIONS

1. In general.

2. Relationship to other laws.

3. —Section 37-7-103.

1. In general.

A public school board had the authority to consolidate schools within its district and to reassign students en masse; the plan was not a “reorganization of the school district” within the meaning of §37-7-105. Section37-7-105 and its petition, publication and referendum procedures do not apply to everything the school board may wish to abolish, alter or reorganize. The statute applies only where the school board “abolishes, alters or reorganizes a school district.” The phrase “school district” imports the geographic boundaries of the district and perhaps the corporate organization or structure thereof. The school board’s plan did not alter the existing structure of the school district, which remained a county-wide district, and did not reorganize corporate structure, and therefore §§37-7-103 and 37-7-105 did not apply. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

2. Relationship to other laws.

The general language of Code 1972 §37-7-605 [repealed], providing that additional territory adjoining a municipal separate school district may be added to any municipal separate school district by the county board of education, presupposes that the county board of education will comply with the requirements of Code 1972 §37-7-105 as to what the county board must do in order to tender “good title” to the territory which it is requesting be added to the municipal separate school district, including the requirement that the county board publish its order altering the district. Strong v. Pearl Municipal Separate School Dist., 350 So. 2d 1388, 1977 Miss. LEXIS 2255 (Miss. 1977).

3. —Section 37-7-103.

Section37-7-105 merely establishes procedural requisites that must be met in carrying out the general grant of authority contained §37-7-103. If, under §37-7-103, the school board decides to “reorganize, change or alter the boundaries” of the district, §37-7-105 requires that it publish its intention to do so and receive petitions from objectors. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

§ 37-7-107. Abolition of school district pursuant to petition filed by electorate.

If a petition signed by two-thirds (2/3) of the qualified electors of an existing school district shall be filed with the school board requesting that such district be abolished, then the school board shall enter an order abolishing such school district. Such order shall become final without publication thereof upon such date as may be fixed by the school board but not later than July 1 next succeeding the date of such order.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 54, eff from and after July 1, 1987.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 56, 57.

CJS.

78 C.J.S., Schools and School Districts §§ 110 et seq.

§ 37-7-109. Annexation of territory to different district or reorganization into new district pursuant to petition filed by electorate; effect upon outstanding bonds or other indebtedness.

If a petition signed by a majority of the qualified electors of specifically described territory of an existing school district shall be filed with the school board requesting that said described territory be taken from such existing district and annexed to an adjacent district, or reorganized into a new school district, the said school board, after consideration thereof, and with the consent and approval of the school board of the district to which such territory is to be annexed, if such be the case, shall have the power and authority, in its discretion, to take such territory from the existing district and annex same to the adjacent district, or to create a new school district of such specifically described territory. However, before doing so, the school board must find and determine that the taking of the territory from the existing school district will not seriously interfere with or impair the efficiency of such school district, and all orders adopted under the provisions of this section shall be invalid unless such finding and determination be made. Any order adopted under the provisions of this section shall become final without publication thereof upon such date as may be fixed by the school board but not later than the first day of July next succeeding the date of such order. The taking of territory from existing school districts under the provisions of this section shall not release the property in such territory from assessment and liability for the payment of the outstanding bonds or other indebtedness of the district from which the territory is taken and it shall be the duty of the board of supervisors to continue to levy taxes on such territory in an amount sufficient to pay such territory’s pro rata part of all outstanding bonds or other indebtedness existing at the time the territory is taken from such district. In addition thereto, the territory involved shall become liable for its pro rata part of the outstanding bonds or other indebtedness of the district to which it is annexed and taxes shall be levied thereon for the payment thereof to the same extent as taxes are levied upon the other territory of such district.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 55, eff from and after July 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

There presently exists no statutory authority by which school board may split an existing district into two or more parts and thus create more school districts; however, electors of city desiring its own district may, pursuant to Section 37-7-109, initiate petition to have it established as separate district. Willis, Jan. 27, 1994, A.G. Op. #94-0029.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 56, 57.

CJS.

78 C.J.S., Schools and School Districts §§ 45-48.

JUDICIAL DECISIONS

1. In general.

Where a municipal separate school district was reconstituted in accordance with the law without any added territory, and thereafter the county school district was abolished and its territory accepted by and annexed to the municipal school district, all in strict accord with the relevant statutes, municipal authorities rather than county authorities were thereafter the proper parties to assess and collect school taxes throughout the county. Winston County v. Woodruff, 187 So. 2d 299, 1966 Miss. LEXIS 1341 (Miss. 1966).

§ 37-7-111. Effect of abolition or alteration of district upon bonds or other indebtedness of district; territory of abolished district to be annexed to another district.

When any school district is abolished or altered under the provisions of this article, the abolition or alteration thereof shall not impair or release the property of such school district from liability for the payment of the bonds or other indebtedness of such district and it shall be the duty of the board of supervisors of said county to levy taxes on the property of said district so abolished or altered from year to year according to the terms of such indebtedness until same shall be fully paid. No existing school district shall be abolished unless the territory comprising such district shall be annexed to another district in the same order abolishing the former district.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 56, eff from and after July 1, 1987.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 53-55.

CJS.

78 C.J.S., Schools and School Districts §§ 109, 111.

JUDICIAL DECISIONS

1. In general.

Where a municipal separate school district was reconstituted in accordance with the law without any added territory, and thereafter the county school district was abolished and its territory accepted by and annexed to the municipal school district, all in strict accord with the relevant statutes, municipal authorities rather than county authorities were thereafter the proper parties to assess and collect school taxes throughout the county. Winston County v. Woodruff, 187 So. 2d 299, 1966 Miss. LEXIS 1341 (Miss. 1966).

§ 37-7-113. Approval of reorganization, abolition or alteration of school district by State Board of Education.

Notwithstanding any of the foregoing provisions, it is hereby expressly provided that no order of the school board reorganizing, abolishing or altering any school district, whether same be taken with or without a petition therefor, shall be final unless and until said proposed reorganization, alteration or abolition shall be submitted to and approved by the State Board of Education. In the event the proposed action shall be disapproved by the State Board of Education, the same shall be void and of no effect. In the event of the filing of any petitions with the school board under the provisions of said sections, the school board shall verify same and make a determination of whether same are signed by the requisite number of qualified electors. The finding of the school board upon such question shall be final and conclusive for the purpose of the submission of said matter to the State Board of Education and the approval or disapproval of the action by said board.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 57, eff from and after July 1, 1987.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Sections 37-7-103, 37-7-113 and 37-7-311 allow a school board to organize its schools so as to serve the best interests of the schools and ultimately the students, and to avoid unnecessary duplication. Where the actions of local school boards do nothing to alter the existing geographical features, boundaries, or corporate structure of the school districts there is no necessity to seek State Board of Education approval. Burnham, February 15, 1995, A.G. Op. #95-0029.

JUDICIAL DECISIONS

1. In general.

Although the county board of education, being the trustees in countywide districts are the ones to organize the schools detailing what grades should be taught there, and designating what pupils should attend, this does not mean that reorganization or rearrangement of the district would not be subject to approval by the state educational finance commission. Board of Educ. v. Wilburn, 223 So. 2d 665, 1969 Miss. LEXIS 1289 (Miss. 1969), overruled, In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

§ 37-7-115. Appeals from school board orders.

Any person aggrieved by an order of the school board adopted under any of the foregoing provisions may appeal therefrom within ten (10) days from the date of the adjournment of the meeting at which such order is entered. Said 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, Mississippi Code of 1972, the provisions of which shall be fully applicable to appeals taken hereunder. The State Board of Education shall not pass upon or approve or disapprove any such order until the time for an appeal therefrom shall have expired, nor shall said board pass upon or approve or disapprove any such order from which an appeal is taken until said appeal shall have been finally determined.

HISTORY: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, ch. 492, § 58, eff from and after July 1, 1987.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 61, 62.

16A Am. Jur. Legal Forms 2d (Rev), Schools, § 229:23 (notice of appeal of change in school district boundaries).

CJS.

78 C.J.S., Schools and School Districts §§ 88-95, 110.

JUDICIAL DECISIONS

1. In general.

Circuit court lacked jurisdiction over a high school’s attempted appeal of an expulsion decision by a school board because the student’s bill of exceptions lacked the signature of the school board president and, as such, the bill of exceptions did not comply with Miss. Code Ann. §§37-7-115 and11-51-75. M.L.R. v. Pontotoc City Sch. Dist. Bd. of Trs., 46 So.3d 874, 2010 Miss. App. LEXIS 597 (Miss. Ct. App. 2010).

§§ 37-7-117 and 37-7-119. Repealed.

Repealed by Laws, 1986, ch. 492, § 59, eff from and after July 1, 1987.

§37-7-117. [Codes, 1942, § 6274-06.5; Laws, 1959, Ex Sess, ch. 21]

§37-7-119. [Codes, 1942, § 6328-96; Laws, 1958, ch. 308, §§ 1-4]

Editor’s Notes —

Former §37-7-117 related to the retroactive nature of alterations to school district boundaries.

Former §37-7-119 related to the validation of school districts as legally existing political subdivisions of the state.

Article 5. Boards of Trustees; Qualifications, Selection and Meetings.

§ 37-7-201. Qualifications for office of trustee.

In order for a person to be eligible to hold the office of trustee of any school district, such person must be a bona fide resident and a qualified elector of such school district, and, in the case of a school district lying in two or more counties, but not including municipal separate school districts, such person must be a bona fide resident and a qualified elector of the territory entitled to such representation on the board.

HISTORY: Codes, 1942, § 6328-07; Laws, 1953, Ex Sess, ch. 12, § 7; Laws, 1964, ch. 391, § 1; Laws, 1966, ch. 409, § 1; Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 400, eff from and after passage (approved June 24, 1968).

OPINIONS OF THE ATTORNEY GENERAL

A qualified individual who is not a resident of a city having a separate school district but who resides in the district may be lawfully appointed school board trustee. White, Apr. 9, 2004, A.G. Op. 04-0149.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 74, 75.

CJS.

78 C.J.S., Schools and School Districts §§ 204, 205, 209, 210.

Practice References.

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

§ 37-7-203. Composition of boards of trustees of municipal separate school districts and certain mayor-council forms of government; qualifications, selection, and terms of office of members of boards.

  1. Except as otherwise provided in subsections (3) and (4) of this section, the boards of trustees of all municipal separate school districts created under this chapter, either with or without added territory, shall consist of five (5) members, each to be chosen for a term of five (5) years, but so chosen that the term of office of one (1) member shall expire each year. In the event the added territory of a municipal separate school district furnishes fifteen percent (15%) or more of the pupils enrolled in the schools of such district, then at least one (1) member of the board of trustees of such school district shall be a resident of the added territory outside the corporate limits. In the event the added territory of a municipal separate school district furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then not more than two (2) members of the board of trustees of such school district shall be residents of the added territory outside the corporate limits. In the event the added territory of a municipal separate school district in a county in which Mississippi Highways 8 and 15 intersect furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then the five (5) members of the board of trustees of such school district shall be elected at large from such school district for a term of five (5) years each except that the two (2) elected trustees presently serving on such board shall continue to serve for their respective terms of office. The three (3) appointed trustees presently serving on such board shall continue to serve until their successors are elected in March of 1975 in the manner provided for in Section 37-7-215. At such election, one (1) trustee shall be elected for a term of two (2) years, one (1) for a term of three (3) years and one (1) for a term of five (5) years. Subsequent terms for each successor trustee shall be for five (5) years. In the event one (1) of two (2) municipal separate school districts located in any county with two (2) judicial districts, District 1 being comprised of Supervisors Districts 1, 2, 4 and 5, and District 2 being comprised of Supervisors District 3, with added territory embraces three (3) full supervisors districts of a county, one (1) trustee shall be elected from each of the three (3) supervisors districts outside the corporate limits of the municipality. In the further event that the territory of a municipal separate school district located in any county with two (2) judicial districts, District 1 being comprised of Supervisors Districts 1, 2, 4 and 5, and District 2 being comprised of Supervisors District 3, with added territory embraces four (4) full supervisors districts in the county, and in any county in which a municipal separate school district embraces the entire county in which Highways 14 and 15 intersect, one (1) trustee shall be elected from each supervisors district.

    Except as otherwise provided herein, the trustees of such a municipal separate school district shall be elected by a majority of the governing authorities of the municipality at the first meeting of the governing authorities held in the month of February of each year, and the term of office of the member so elected shall commence on the first Saturday of March following. In the case of a member of the board of trustees who is required to come from the added territory outside the corporate limits as is above provided, such member of the board of trustees shall be elected by the qualified electors of the school district residing in such added territory outside the corporate limits at the same time and in the same manner as is otherwise provided in this article for the election of trustees of school districts other than municipal separate school districts.

    In the event that a portion of a county school district is reconstituted, in the manner provided by law, into a municipal separate school district with added territory and in the event that the trustees to be elected from the added territory are requested to be elected from separate election districts within the added territory, instead of elected at large, by the Attorney General of the United States as a result of and pursuant to preclearance under Section 5 of the Voting Rights Act of 1965, as amended and extended, and in the event the added territory of a municipal separate school district of a municipality furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then two (2) members of the board of trustees shall be residents of the added territory outside the corporate limits of such municipality and shall be elected from special trustee election districts by the qualified electors thereof as herein provided. The board of trustees of the school district shall apportion the added territory into two (2) special trustee election districts as nearly as possible according to population and other factors heretofore pronounced by the courts. The board of trustees of the school district shall thereafter publish the same in a newspaper of general circulation within that school district for at least two (2) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees of the school district, the new district lines shall thereafter be effective. Any person elected from the new trustee election districts constituted herein shall be elected in the manner provided for in Section 37-7-215 for a term of five (5) years. Any vacancy in the office of a trustee elected from such trustee election district, whether occasioned by redistricting or by other cause, shall be filled by appointment of the governing authorities of the municipality, provided that the person so appointed shall serve only until the next general election following his appointment, at which time a person shall be elected for the remainder of the unexpired term in the manner provided in Section 37-7-215.

    In any county organizing a countywide municipal separate school district after January 1, 1965, the trustees thereof to be elected from outside the municipality, such trustees shall be elected by the board of supervisors of such county, and the superintendent of such school district shall have authority to pay out and distribute the funds of the district. In the event a municipal separate school district should occupy territory in a county other than that in which the municipality is located and fifteen percent (15%) or more of the pupils enrolled in the schools of such district shall come from the territory of the district in the county other than that in which the municipality is located, the territory of such county in which the municipality is not located shall be entitled to one (1) member on the board of trustees of such school district. The trustee shall be a resident of the territory of that part of the district lying in the county in which the municipality is not located and shall be elected by the qualified electors of the territory of such county at the same time and in the same manner as is provided for the election of trustees of school districts other than municipal separate school districts having territory in two (2) or more counties.

    All vacancies shall be filled for the unexpired terms by appointment of the governing authorities of the municipality; except that in the case of the trustees coming from the added territory outside the corporate limits, the person so appointed shall serve only until the next general election following his appointment, at which time a person shall be elected for the remainder of the unexpired term in the manner otherwise provided herein.

    No person who is a member of such governing body, or who is an employee of the municipality, or who is a member of the county board of education, or who is a trustee of any public, private or sectarian school or college located in the county, inclusive of the municipal separate school district, or who is a teacher in or a trustee of the school district, shall be eligible for appointment to the board of trustees.

  2. In counties of less than fifteen thousand (15,000) people having a municipal separate school district with added territory which embraces all the territory of a county, one or more trustees of the school district shall be nominated from each supervisors district upon petition of fifty (50) qualified electors of that supervisors district, or twenty percent (20%) of the qualified electors of such district, whichever number shall be smaller. One (1) trustee must be elected from each supervisors district of the county. In such counties embraced entirely by a municipal separate school district, there shall be no county board of education after the formation of such district, and the county superintendent of education shall act as superintendent of schools of the district and shall be appointed by the board of trustees of that district, and the provisions of subsection (1) of this section and the first paragraph of Section 37-7-211 shall not apply to such districts.
  3. In municipalities designated as having a mayor-council form of government under Chapter 8, Title 21, Mississippi Code of 1972, and having a population in excess of one hundred thousand (100,000) according to the 2000 federal decennial census, the boards of trustees of the municipal separate school district located in the municipality may, if authorized by ordinance of the municipal governing authority, consist of seven (7) members residing in each of the seven (7) wards in the municipality, to be appointed by the mayor and confirmed by the city council as follows: (a) each board member shall reside in the ward from which he is appointed; (b) members serving on March 31, 2010, shall continue to serve until a new term commences and new members shall be selected from wards not currently represented on the board; (c) one (1) of the two (2) additional appointments shall serve a term of five (5) years and one (1) for a term of four (4) years, with all subsequent appointments for a five-year term; and (d) each new appointment shall be made by the mayor and confirmed by the city council of the municipality at the first meeting of the governing authorities held in the month of June following March 31, 2010, and thereafter each year, and the term of office of each member so selected shall commence on the first Saturday of July following.
    1. Beginning in 2017, in any municipal separate school district that is traversed by the Escatawpa River and in which Interstate Highway 10 and Mississippi Highway 63 intersect, the board of trustees of the municipal separate school district shall consist of five (5) members, each to be elected for a term of four (4) years in the manner provided in this subsection. Within forty-five (45) days after July 1, 2017, the municipal governing authority shall apportion the municipal separate school district, including any added territory outside the corporate limits, into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before August 8, 2017. The municipal governing authority shall place upon its minutes the boundaries determined for the new five (5) trustee election districts and shall publish the same in a newspaper of general circulation within the school district for at least three (3) consecutive weeks. After having given notice of publication and recording the same upon the minutes of the municipal governing authority, the new district lines shall be effective.
    2. On the first Tuesday after the first Monday in November 2017, and every four (4) years thereafter, an election shall be held in the municipal separate school district for local school board members from trustee election districts 1, 3 and 5 in the same manner and at the same time as the general municipal election is held and conducted, for the purpose of electing the board of trustees of the municipal separate school district. All members of the board of trustees elected pursuant to this paragraph (b) shall take office on the first Monday of January immediately following the date of their election. However, in order to provide for an orderly transition, the term of each member of the board of trustees serving on July 1, 2017, which otherwise would expire after the first Monday in July 2018, shall expire on the first Monday of January 2018. If no individual qualifies for the elective office of school district trustee, the trustee for that specific trustee district shall be filled by appointment of the municipal governing authority; however, the person so appointed to fill the vacancy may serve only until the first Monday in January 2019, at which time the trustee elected pursuant to this subsection shall take office for the remainder of the unexpired initial term.

      From and after January 1, 2018, any vacancy on the board of trustees shall be filled by appointment by the remaining members of the board of trustees within sixty (60) days after the vacancy occurs. The appointee must be selected from the qualified electors of the trustee election district in which the vacancy occurs. The appointee shall serve until the first Monday of January succeeding the next general municipal election, at which election a member from that trustee election district shall be elected for a full term.

    3. On the first Tuesday after the first Monday in November 2018, and every four (4) years thereafter, an election shall be held in the municipal separate school district for local school board members from trustee election districts 2 and 4 in the same manner and at the same time as the Congressional mid-term election is held and conducted, for the purpose of electing the board of trustees of the municipal separate school district. All members of the board of trustees elected pursuant to this paragraph (c) shall take office on the first Monday of January immediately following the date of their election. However, in order to provide for an orderly transition, the term of each member of the board of trustees serving on July 1, 2018, which otherwise would expire after the first Monday in July 2018, shall expire on the first Monday of January 2019. If no individual qualifies for the elective office of school district trustee, the trustee for that specific trustee district shall be filled by appointment of the municipal governing authority; however, the person so appointed to fill the vacancy may serve only until the first Monday in January 2020, at which time the trustee elected pursuant to this subsection shall take office for the remainder of the unexpired initial term.

      From and after July 1, 2020, any vacancy on the board of trustees shall be filled by appointment by the remaining members of the board of trustees within sixty (60) days after the vacancy occurs. The appointee must be selected from the qualified electors of the trustee election district in which the vacancy occurs. The appointee shall serve until the first Monday of July succeeding the next general municipal election, at which election a member from that trustee election district shall be elected for a full term.

HISTORY: Codes, 1942, §§ 6238-07, 6328-21; Laws, 1953, Ex Sess, ch. 12, § 7; ch. 17, § 1; Laws, 1956, ch. 273; Laws, 1964, ch. 391, § 1; Laws, 1966, ch. 409, § 1; Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 400; Laws, 1975, ch. 306; Laws, 1985, ch. 509, § 1; Laws, 2002, ch. 598, § 3; Laws, 2009, ch. 470, § 2; Laws, 2010, ch. 454, § 1; Laws, 2017, ch. 436, § 4, eff from and after July 1, 2017.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987.

The United States Attorney General, by letter dated July 22, 2002, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2002, ch. 598 § 3.

Laws of 2009, ch. 470, §§ 6 and 7 provide:

“SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2009, whichever is later.”

By letter dated August 28, 2009, the United States Attorney General interposed no objection to the change in the general election date provided for in ch. 470, Laws of 2009, and this section reflects that change, effective August 28, 2009.

As for the proposed changes from a plurality vote to a majority vote requirement for county school board members, for trustees for certain municipal separate school districts and for trustees for special municipal school districts, and the requirement that a runoff election be held three weeks after the election if no candidate received a majority, the U.S. Attorney General requested additional information from the state. After review of the information provided by the state, the U.S. Attorney General concluded that the state had not met its burden of showing that the proposed changes had neither a discriminatory purpose nor a discriminatory effect, and by letter dated March 24, 2010, objected to the proposed change from plurality to majority vote and the runoff requirement provided for in Chapter 470, Laws of 2009.

Amendment Notes —

The 2002 amendment, in the third paragraph of (1), substituted “the board of trustees of the school district” for “the governing authorities of such municipality” twice, and substituted “the board of trustees of the school district” for “the governing authorities.”

The 2009 amendment, in (1), deleted “the provisions of Article 1 of” preceding “this chapter” in the first sentence of the first paragraph, and substituted “next general election” for “first Saturday of March” in the last sentence of the third and fifth paragraphs; rewrote (2); and made minor stylistic changes throughout.

The 2010 amendment added the exception in (1); and added (3).

The 2017 amendment, in the first sentence of (1), inserted “and (4)” and made a related change; inserted “federal” following “2000” in the first sentence of (3); and added (4).

Cross References —

Eligibility of county electorate to participate in election of county superintendent, see §37-5-71.

Election of trustees elected under provisions of subsection (1) of this section, see §37-7-209 and §§37-7-211 through37-7-219.

Filing of petition of candidacy and affidavit of eligibility under this section, see §37-7-211.

Selection of boards of trustees in certain special municipal county-wide school districts, see §37-7-703.

Subsection (2) of this section, regarding a municipal separate school district embracing an entire county in counties of less than 15,000 population, governing the selection of district school superintendent, see §37-9-13.

Federal Aspects—

Provisions of Section 5 of the Voting Rights Act of 1965, see 42 USCS § 1973c.

OPINIONS OF THE ATTORNEY GENERAL

School board vacancy would be filled by appointing qualified elector to serve until first Saturday in March, at which time election to fill remainder of term would be conducted in accordance with Miss. Code Section 37-7-203. Foxworth, Apr. 21, 1993, A.G. Op. #93-0188.

The authority to make an appointment to fill a vacancy in a municipal school district with added territory lies with the city council – the mayor and board of aldermen – and not the mayor acting individually. Tisdale, Feb. 3, 2000, A.G. Op. #2000-0025.

The statute does not, on its face, preclude the appointment of members from added territory consisting of less than 15%, although such appointment is not mandatory. Smith, June 23, 2000, A.G. Op. #2000-0288.

Once appointed, a trustee of a municipal separate school district serves for a term of five years and can only be removed pursuant to a specific statutory provision. Brahan, Apr. 27, 2001, A.G. Op. #01-0239.

A qualified individual who is not a resident of a city having a separate school district but who resides in the district may be lawfully appointed school board trustee. White, Apr. 9, 2004, A.G. Op. 04-0149.

A candidate for Trustee of a Municipal Separate School District must meet all of the mandatory statutory requirements in order to qualify, including a properly notarized affidavit filed by 5:00 p.m. on the qualifying deadline, as required by Miss. Code Ann. §37-7-211. If only one person properly qualifies for the office, no election or notice of election is necessary and the person properly qualified shall, if otherwise qualified, be declared elected without opposition. Gregory, February 1, 2007, A.G. Op. #07-00057, 2007 Miss. AG LEXIS 4.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 73 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 204, 205, 209, 210, 213, 214.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

1. In general.

The Mississippi courts had the power to decide whether § 5 of the Voting Rights Act applied to the change in election procedures sought by respondents, and must withhold further implementation of the disputed change until the parties demonstrate compliance with § 5. Both the language and purposes of the Act refute the notion that a state court asked to implement a change in the State’s voting laws cannot inquire whether the change is subject to § 5 but must ignore that circumstance and enter a decree violating federal law. Section 14(b) of the Act, which provides that no court other than the District Court for the District of Columbia shall have jurisdiction to enter a declaratory judgment pursuant to § 5 governs only declaratory judgments approving proposed voting procedure changes. And nothing in the provisions of § 5, requiring an action under that section to be heard by a three-judge federal district court, or in the provisions of § 12(f) of the Act, giving federal district courts jurisdiction of proceedings under that section, negates the presumption, that, at least when the issue arises collaterally, state courts have the power to decide whether a proposed change in election procedures requires preclearance under § 5. Granting state courts such power helps to insure compliance with the preclearance scheme. Hathorn v. Lovorn, 457 U.S. 255, 102 S. Ct. 2421, 72 L. Ed. 2d 824, 1982 U.S. LEXIS 125 (U.S. 1982).

2. Constitutionality.

That part of the statute providing for the selection and term of trustees of consolidated school districts that reads “in which Highways 14 and 15 intersect” was declared unconstitutional and such offensive language would be stricken from the statute; the remaining portion of the statute was declared constitutional. Lovorn v. Hathorn, 365 So. 2d 947, 1978 Miss. LEXIS 2430 (Miss. 1978), cert. denied, 441 U.S. 946, 99 S. Ct. 2167, 60 L. Ed. 2d 1049, 1979 U.S. LEXIS 1857 (U.S. 1979).

§ 37-7-204. Appointment of interim member to fill vacancy in board of trustees for countywide municipal separate school district.

In the event that a vacancy occurs in the office of any elected trustee of a countywide municipal separate school district, and the next regular school board election at which the vacancy may be filled is less than one (1) year from the date of the resignation, the school board of the district may, in its discretion, take action to appoint an interim board member to fill the vacancy until a duly qualified successor takes office. The interim board member shall serve until such time as the successor board member is duly elected to fill the unexpired term, pursuant to an election held at the next regularly scheduled school board election held in the county.

HISTORY: Laws, 1995, ch. 425, § 1, eff from and after August 25, 1995 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 425, § 1.

OPINIONS OF THE ATTORNEY GENERAL

A school board member may be appointed only if a vacancy exists, and a vacancy does not exist until the resigning or vacating member has departed office, so the departing member is not entitled to vote on a successor appointment. Johnson, Aug. 8, 1997, A.G. Op. #97-0227.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 72 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 255, 271-277.

§ 37-7-205. Repealed.

Repealed by Laws, 1987, ch 307, § 47, eff from and after March 3, 1987.

[Codes, 1942, § 6328-07; Laws, 1953, Ex Sess, ch. 12, § 7; Laws, 1964, ch. 391, § 1; Laws, 1966, ch. 409, § 1; Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 400]

Editor’s Notes —

Former §37-7-205 permitted a county board of education to serve as trustees of county-wide school districts.

§ 37-7-207. Selection and term of trustees of consolidated districts.

  1. All school districts reconstituted or created under the provisions of Article 1 of this chapter, and which lie wholly within one (1) county, but not including municipal separate and countywide districts, shall be governed by a board of five (5) trustees. The first board of trustees of such districts shall be appointed by the county board of education, and the original appointments shall be so made that one (1) trustee shall be appointed to serve until the first Saturday of March following such appointments, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer, and one (1) for four (4) years longer. After such original appointments, the trustees of such school districts shall be elected by the qualified electors of such school districts in the manner provided for in Sections 37-7-223 through 37-7-229, with each trustee to be elected for a term of five (5) years. The five (5) members of the board of trustees of such consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The board of trustees of any such consolidated school district shall apportion the consolidated school district into five (5) special trustee election districts. The board of trustees of such school district shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees shall thereafter publish the same in a newspaper of general circulation within said school district 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 trustees, said new district lines shall thereafter be effective.

    On the first Tuesday after the first Monday in November, in any year in which any consolidated school district shall elect to utilize the authority to create single member election districts, an election shall be held in each such district in this state for the purpose of electing the board of trustees of such district. At said election the member of the said board from District One shall be elected for a term of one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of five (5) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each. Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229. All members of the said board of trustees shall take office on the first Monday of January following the date of their election. All vacancies which may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately. Said appointee shall be selected from the qualified electors of the district in which the vacancy occurs. In the event the school district is under conservatorship and no members of the board of trustees remain in office, the Governor shall call a special election to fill the vacancies and the said election will be conducted by the county election commission.

  2. All school districts reconstituted and created under the provisions of Article 1 of this chapter, which embrace territory in two (2) or more counties, but not including municipal separate school districts, shall be governed by a board of five (5) trustees. In making the original appointments, the several county boards of education shall appoint the trustee or trustees to which the territory in such county is entitled, and, by agreement between the county boards concerned, one (1) person shall be appointed to serve until the first Saturday of March following, one (1) for one (1) year longer, one (1) for two (2) years longer, one (1) for three (3) years longer and one (1) for four (4) years longer. Thereafter, such trustees shall be elected as is provided for in Sections 37-7-223 through 37-7-229, for a term of five (5) years. The five (5) members of the board of trustees of such line consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. The existing board of trustees of such line consolidated school district shall apportion the line consolidated school district into five (5) special trustee election districts. The board of trustees shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of trustees shall thereafter publish the same in a newspaper of general circulation within said school district 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 trustees, said new district lines shall thereafter be effective. Provided, however, that in any line consolidated school district encompassing two (2) or more counties created pursuant to Laws, 1953, Extraordinary Session, Chapter 12, Section 8, in which, as a condition precedent to the creation of said district, each county belonging thereto was contractually guaranteed to always have at least one (1) representative on said board, in order that said condition precedent may be honored and guaranteed, in any year in which the board of trustees of such line consolidated school district does not have at least one (1) member from each county or part thereof forming such district, the board of trustees in such district shall be governed by a board of a sufficient number of trustees to fulfill this guarantee, five (5) of whom shall be elected from the five (5) special trustee election districts which shall be as nearly equal as possible and one (1) member trustee appointed at large from each county not having representation on the elected board. In such cases, the board of supervisors of each county shall make written agreement to guarantee the manner of appointment of at least one (1) representative from each county in the district, placing such written agreement on the minutes of each board of supervisors in each county.

    On the first Tuesday after the first Monday in November, in any year in which any line consolidated school district shall elect to utilize the authority to create single member election districts, an election shall be held in each such district in this state for the purpose of electing the board of trustees of such district. At said election the member of the said board from District One shall be elected for a term of one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of five (5) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each. Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229. All members of the said board of trustees shall take office on the first Monday of January following the date of their election. In all elections, the trustee elected shall be a resident and qualified elector of the district entitled to the representation upon the board, and he shall be elected only by the qualified electors of such district. All vacancies which may occur during a term of office shall be filled by appointment of the consolidated line school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as the trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately. In the event the school district is under conservatorship and no members of the board of trustees remain in office, the Governor shall call a special election to fill the vacancies and the said election will be conducted by the county election commission.

HISTORY: Codes, 1942, § 6328-07; Laws, 1953, Ex Sess, ch. 12, § 7; Laws, 1964, ch. 391, § 1; Laws, 1966, ch. 409, § 1; Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 400; Laws, 1981, ch. 409, § 1; Laws, 1988, ch. 523, § 1; Laws, 1990, ch. 567, § 1; Laws, 2002, ch. 598, § 4; Laws, 2013, ch. 331, § 3; Laws, 2013, ch. 363, § 3, eff July 16, 2013 (the date of the United States Attorney General’s response to the submission of this section under Section 5 of the Voting Rights Act of 1965).

Editor’s Notes —

This section was amended by two bills in 2013. The effective date of each of the two bills that amended this section, Chapter 331 (House Bill No. 975) and Chapter 363 (Senate Bill No. 2779), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bills were approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 331 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated July 9, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 331 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 331, so Chapter 331 became effective on the date of the response letter from the United States Attorney General, July 9, 2013.

Chapter 363 was not submitted before the Shelby County decision, but the Mississippi Attorney General’s Office submitted Chapter 363 to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated July 16, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 363 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 363, so Chapter 363 became effective from and after July 16, 2013, the date of the United States Attorney General’s response letter. Because that date is later than the date of the response letter for Chapter 331, the version of this section in Chapter 363 is the controlling version of this section.

As set out above, this section reflects the amendments to the section by Chapter 363.

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987.

For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Laws of 1953, Extraordinary Session, Chapter 12, Section 8, referred to in this section, and codified as §37-7-101, was repealed by Laws of 1986, chapter 492, § 59, effective from and after July 1, 1987.

Laws of 1990, chapter 567, § 1, amended §37-7-207, effective from and after such time as Laws of 1990, chapter 567, § 1, was effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Laws of 2002, chapter 598, § 4, subsequently amended both the version of §37-7-207 in force until Laws of 1990, chapter 567, § 1, was effectuated under Section 5 of the Voting Rights Act of 1965 and the version effective from and after the date Laws of 1990, chapter 567, § 1, was effectuated under Section 5 of the Voting Rights Act of 1965. By letter dated July 22, 2002, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of the section by Laws of 2002, chapter 598, § 4. However, as of September 1, 2004, Laws of 1990, chapter 567, § 1, had not been effectuated under Section 5 of the Voting Rights Act of 1965. Consequently, the version of § 37-7-207 that was to become effective from and after the date Laws of 1990, chapter 567, § 1, was effectuated under Section 5 of the Voting Rights Act of 1965, has been omitted from the Code at the direction of Co-Counsel of the Joint Legislative Committee on Compilation, Revision and Publication of the Legislature.

Amendment Notes —

The 2002 amendment rewrote (1) and (2) in both versions.

The 2013 amendment (ch. 331), added the last sentence of the second paragraph of (1); and added (3).

The 2013 amendment (ch. 363), added the last sentences of the second paragraphs of (1) and (2).

OPINIONS OF THE ATTORNEY GENERAL

Appointment must be made to fill vacancy on school board within reasonable period of time; only court of competent jurisdiction can make adjudication as to what constitutes reasonable period of time. Minor, July 22, 1992, A.G. Op. #92-0545.

Mississippi Code Annotated Section 37-7-207 clearly and specifically requires county board of supervisors to affirmatively act to apportion consolidated school district into five special trustee election districts upon request of board of trustees of school district. Riddell, Jan. 25, 1994, A.G. Op. #93-1008.

If only one candidate qualifies by the deadline for accepting the petition and affidavit for a trustee candidate in a municipal separate school district, then there will not be an election and the single qualified candidate should be declared elected without opposition and should take office immediately. Fair, February 12, 1999, A.G. Op. #99-0057.

In the absence of a court order to the contrary, neither a school board nor a county board of supervisors may postpone an election that is set by statute. Rounsavall, Oct. 5, 2001, A.G. Op. #01-0622.

Under this section, one board of supervisors may not unilaterally make an appointment in the absence of an agreement; it is incumbent upon the counties that are affected to come to an agreement, but that agreement should be limited to the “manner” of the appointment (how nominations are to be made, nominee selection criteria, by whom the appointment is to be made, etc.) and should not attempt to limit the applicability of the statute. Clements, Oct. 2, 2002, A.G. Op. #02-0553.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 73, 76 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 211-214.

JUDICIAL DECISIONS

1. In general.

2. Attending school in another district.

1. In general.

While school boards should not be allowed to operate indefinitely with less than 5 members, boards must be given a reasonable amount of time in which to find a suitable candidate; thus, a 4-member school board had the authority to approve a bond election and authorize the issuance of the bonds at a meeting which took place only 10 days after the fifth board member resigned. Shipman v. North Panola Consol. Sch. Dist., 641 So. 2d 1106, 1994 Miss. LEXIS 372 (Miss. 1994).

2. Attending school in another district.

Students who live in one school district organized under Ch 12, Laws of 1953, Ex. Session [Code 1942, §§ 6328-01 et seq.], may not attend school in another school district without the consent and approval of the board of trustees of the district wherein such students reside. Hinze v. Winston County Board of Education, 233 Miss. 867, 103 So. 2d 353, 1958 Miss. LEXIS 450 (Miss. 1958).

§ 37-7-208. Authorization to expend funds to cover cost and expenses of litigation relating to and implementation of single member school board trustee election districts.

The board of trustees of any consolidated school district may pay from non-minimum program funds the cost and expense of litigation involved by or resulting from the creation of or litigation to create single member school board trustee election districts, and pay from non-minimum program funds the cost or expense to implement any plan, decree or reorganization as approved by the court. Said payments by the board of trustees shall be deemed a “new program” under the provisions of Section 37-57-107, Mississippi Code of 1972, and any additional millage levied for such purpose and the revenue generated therefrom shall be excluded from the tax increase limitation prescribed in Sections 37-57-105 and 37-57-107. The board of supervisors of any county in which there is located such consolidated school district may, in its discretion, contribute out of county general funds to the cost and expense of such litigation and/or the cost of implementing such redistricting plan.

HISTORY: Laws, 1988, ch. 523, § 2, eff from and after March 1, 1989 (the date the United States Attorney General interposed no objection to the addition of this section).

§ 37-7-209. Election of trustees generally.

All elections of trustees who are elected under the provisions of subsection (1) of Section 37-7-203 shall be held and conducted in the manner and at the time provided for in Sections 37-7-211 through 37-7-219.

HISTORY: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1981, ch. 409, § 2, eff from and after July 31, 1981 (the date the United States Attorney General interposed no objection to the amendment of this section).

Cross References —

Alternate method for election of trustees of certain school districts, see §§37-7-221 through37-7-229.

Applicability of this section to election of consolidated or consolidated line district trustees, see §37-7-221.

Selection of trustees in certain special municipal separate school districts, see §§37-7-703 through37-7-717.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 219-236.

§ 37-7-211. Filing of petition and affidavit by candidate for office of trustee.

  1. The name of any qualified elector who is otherwise eligible under the provisions of subsection (1) of Section 37-7-203 who shall desire to be a candidate for the office of trustee must qualify in the following manner in order to be allowed to be considered for election. By 5:00 p.m. no more than ninety (90) days and not less than sixty (60) days before the election, he shall file with the county election commissioners a petition signed by not less than fifty (50) qualified electors of the area represented by the office which he seeks, either for a full term or an unexpired term, as the case may be, and an affidavit by the candidate offering for election stating his qualifications under the terms of the section. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. The petition shall contain an affidavit certifying that all signatures are the personal signatures of each person whose name appears on the petition and that each person is a qualified elector.
  2. Unless the petition and affidavit required in subsection (1) of this section are filed by 5:00 p.m. not less than sixty (60) days prior to the election, the name of the candidate shall not be considered in the election, and votes cast for any person who has failed to qualify shall not be counted in the election.
  3. If after the time for candidates to file the petition and affidavit provided for in this section there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.

HISTORY: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1977, ch. 425, § 1; Laws, 1981, ch. 409, § 3; Laws, 1982, ch. 356, § 1; Laws, 2000, ch. 592, § 17; Laws, 2012, ch. 516, § 1; Laws, 2014, ch. 422, § 1, eff from and after July 1, 2014.

Editor’s Notes —

The United States Attorney General, by letter dated July 28, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2000, ch. 592, § 17.

By letter dated December 7, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 516, Laws of 2012.

Amendment Notes —

The 2000 amendment inserted “By 5:00 p.m.” at the beginning of the second sentence in the first paragraph; and inserted “by 5:00 p.m.” in the second paragraph.

The 2012 amendment added the subsection designations; rewrote the first sentence in (1); in (2), substituted “petition and affidavit required in subsection (1) of this section is filed” for “petition and affidavit required above shall be filed” and “sixty (60) days” for “forty (40) days”; and made a minor stylistic change.

The 2014 amendment, in (1), substituted “no more than ninety (90) days and not less than” for “at least” and “fifty (50)” for “twenty-five (25),” and added the third sentence; and in (2), substituted “are” for “is” in the first sentence.

Cross References —

Inapplicability of the first paragraph of this section to counties of less than 15,000 people having a municipal separate school district with added territory which embraces all the territory of a county, see §37-7-203.

Applicability of this section to election of consolidated or consolidated line district trustees, see §37-7-221.

OPINIONS OF THE ATTORNEY GENERAL

Only school board members who are to be elected through the electoral process must meet the requirements set forth in the statute; these requirements do not apply to persons appointed to hold such office. Huddleston, May 15, 1998, A.G. Op. #98-0256.

A candidate for Trustee of a Municipal Separate School District must meet all of the mandatory statutory requirements in order to qualify, including a properly notarized affidavit filed by 5:00 p.m. on the qualifying deadline, as required by Miss. Code Ann. §37-7-211. If only one person properly qualifies for the office, no election or notice of election is necessary and the person properly qualified shall, if otherwise qualified, be declared elected without opposition. Gregory, February 1, 2007, A.G. Op. #07-00057, 2007 Miss. AG LEXIS 4.

§ 37-7-213. Repealed.

Repealed by Laws, 2013, ch. 516, § 5, eff from and after December 7, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the repeal of this section).

§37-7-213. [Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1977, ch. 410, § 1; Laws, 1981, ch. 409, § 4, eff from and after July 31, 1981 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Righs Act of 1965 to the amendment of this section).]

Editor’s Notes —

Former §37-7-213 related to notice of election of school board trustees.

By letter dated December 7, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the repeal of this section by Chapter 516, Laws of 2012.

§ 37-7-215. Time of election and runoff election.

All such elections shall be held on the first Tuesday after the first Monday in November of each year and in the same manner as general state and county elections are held and conducted. In the event a runoff is necessary the runoff shall be held three (3) weeks thereafter.

HISTORY: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1978, ch. 469, § 1; Laws, 2009, ch. 470, § 4; Laws, 2012, ch. 516, § 2, eff December 7, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

Laws of 2009, ch. 470, §§ 6 and 7 provide:

“SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2009, whichever is later.”

By letter dated August 28, 2009, the United States Attorney General interposed no objection to the change in the general election date provided for in Chapter 470, Laws of 2009. As for the proposed changes from a plurality vote to a majority vote requirement for county school board members, for trustees for certain municipal separate school districts and for trustees for special municipal school districts, and the requirement that a runoff election be held three weeks after the election if no candidate received a majority, the U.S. Attorney General requested additional information from the state. After review of the information provided by the state, the U.S. Attorney General concluded that the state had not met its burden of showing that the proposed changes had neither a discriminatory purpose nor a discriminatory effect, and by letter dated March 24, 2010, objected to the proposed change from plurality to majority vote and the runoff requirement provided for in Chapter 470, Laws of 2009.

By letter dated December 7, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 516, Laws of 2012.

Amendment Notes —

The 2009 amendment purported to rewrite the section. However, Section 4 of Chapter 470, Laws of 2009, did not receive preclearance under Section 5 of the Voting Rights Act, and the amendments to this section by that act were never given effect.

The 2012 amendment rewrote the section.

Cross References —

Election of trustees from the added territory of certain municipal separate school districts, see §37-7-203.

Method of conducting election, see §37-7-217.

Applicability of this section to election of consolidated or consolidated line district trustees, see §37-7-221.

OPINIONS OF THE ATTORNEY GENERAL

With regard to the election of trustees of municipal separate school districts with added territory, clarifying legislation or additional preclearance of the trustee election procedures proposed by Chapter 470, Laws of 2009 (HB 877) is required to give effect to the Chapter 470 amendments, and until such time as additional language is precleared or clarifying legislation is enacted, trustee elections shall proceed as reflected in Sections 37-7-215 and 37-7-217 prior to the enactment of Chapter 470. Atkinson, December 18, 2009, A.G. Op. 09-00700, 2009 Miss. AG LEXIS 428.

§ 37-7-217. Conduct of election; certification of results; runoffs.

  1. The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms.
  2. The qualified electors of each school district operating under Section 37-7-215 shall vote on the date specified in that section and at the special trustee election districts.
  3. A person elected shall assume the duties of his office for the full term on the first day of January if the election is for the full term. A person elected to an unexpired term shall assume office immediately.
  4. The county election commissioners shall forthwith certify the results of the election to the superintendent of the municipal separate or special municipal separate school district, as the case may be, which certificate shall be delivered to such superintendent within five (5) days following the first election.
  5. If a person does not receive a majority of the votes cast at the election, a runoff shall be held between the two (2) persons receiving the highest number of votes at the first election.

HISTORY: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1978, ch. 469, § 2; Laws, 1981, ch. 409, § 5; Laws, 2009, ch. 470, § 5; Laws, 2012, ch. 516, § 3, eff December 7, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

Laws of 2009, ch. 470, §§ 6 and 7 provide:

“SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2009, whichever is later.”

By letter dated August 28, 2009, the United States Attorney General interposed no objection to the change in the general election date provided for in Chapter 470, Laws of 2009. As for the proposed changes from a plurality vote to a majority vote requirement for county school board members, for trustees for certain municipal separate school districts and for trustees for special municipal school districts, and the requirement that a runoff election be held three weeks after the election if no candidate received a majority, the U.S. Attorney General requested additional information from the state. After review of the information provided by the state, the U.S. Attorney General concluded that the state had not met its burden of showing that the proposed changes had neither a discriminatory purpose nor a discriminatory effect, and by letter dated March 24, 2010, objected to the proposed change from plurality to majority vote and the runoff requirement provided for in Chapter 470, Laws of 2009.

By letter dated December 7, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 516, Laws of 2012.

Amendment Notes —

The 2009 amendment purported to rewrite the section. However, Section 5 of Chapter 470, Laws of 2009, did not receive preclearance under Section 5 of the Voting Rights Act, and the amendments to this section by that act were never given effect.

The 2012 amendment rewrote the section.

Cross References —

Applicability of this section to election of consolidated line district trustees, see §37-7-221.

OPINIONS OF THE ATTORNEY GENERAL

Statute contains provisions governing conduct of election and provides that qualified electors of school district will meet, organize, and elect trustees; there is no statutory provision for compensation of individuals who conduct this particular type of election. Gex, Feb. 7, 1990, A.G. Op. #90-0088.

With regard to the election of trustees of municipal separate school districts with added territory, clarifying legislation or additional preclearance of the trustee election procedures proposed by Chapter 470, Laws of 2009 (HB 877) is required to give effect to the Chapter 470 amendments, and until such time as additional language is precleared or clarifying legislation is enacted, trustee elections shall proceed as reflected in Sections 37-7-215 and 37-7-217 prior to the enactment of Chapter 470. Atkinson, December 18, 2009, A.G. Op. 09-00700, 2009 Miss. AG LEXIS 428.

§ 37-7-219. Preparation of list of qualified electors.

  1. For the purpose of holding such an election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district who are eligible to participate in the election. The list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.
  2. In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in the precinct and who are eligible to participate in the election. The election commissioners shall furnish to the election managers in the precinct separate ballots and separate ballot boxes and separate voting lists for each school district.
  3. For each day spent in carrying out the provisions of Sections 37-7-211 through 37-7-219, the county election commissioners shall be paid at the rate prescribed by law.

HISTORY: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 2012, ch. 516, § 4, eff December 7, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

By letter dated December 7, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 516, Laws of 2012.

Amendment Notes —

The 2012 amendment rewrote (1); and added (2) and (3).

Cross References —

Applicability of this section to election of consolidated or consolidated line district trustees, see §37-7-221.

OPINIONS OF THE ATTORNEY GENERAL

Any expenses involved in preparing and printing the ballots and the preparation of the list of qualified electors in connection with an election and a run-off for the trustee for that part of a school district that fell outside the city limits was required to be borne by the school district; however, there was no authority for the compensation of individuals who conducted this particular type of election. Freeland, IV, Apr. 19, 2002, A.G. Op. #02-0187.

§ 37-7-221. Election of consolidated or consolidated line school district trustees; procedure generally.

The election of consolidated or consolidated line school district trustees shall be held in the manner provided for in Sections 37-7-223 through 37-7-229 rather than the method now provided by Sections 37-7-209 through 37-7-219.

HISTORY: Codes, 1942, §§ 6328-11.3, 6328-11.4; Laws, 1960, ch. 304, §§ 1, 2; Laws, 1981, ch. 409, § 6, eff from and after July 31, 1981 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Cross References —

Election of trustees of school districts generally, see §§37-7-209 through37-7-229.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 56, 57.

CJS.

78 C.J.S., Schools and School Districts §§ 219-236.

§ 37-7-223. Election of consolidated or consolidated line school district trustees; time and manner of election.

All elections of consolidated or consolidated line school district trustees shall be held on the first Tuesday after the first Monday in November of each year in the same manner as general state and county elections are held and conducted.

HISTORY: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 1981, ch. 409, § 7, eff from and after July 31, 1981 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Cross References —

Applicability of this section to election of trustees of consolidated or consolidated line school districts, see §§37-7-207,37-7-221.

§ 37-7-225. Election of consolidated or consolidated line school district trustees; filing of petition of nomination by candidate.

The county election commissioners shall place the name of any person eligible to hold the office of trustee on the ballot used in the election, provided that such candidate shall have filed with the county registrar, not more than ninety (90) days and by 5:00 p.m. not less than sixty (60) days prior to the date of such election, a petition of nomination signed by not less than fifty (50) qualified electors of the school district. Where there are less than one hundred (100) qualified electors in said district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such school district. If such person be a candidate for an unexpired term, he shall indicate the term for which he is a candidate in such petition; otherwise he shall be deemed to be a candidate for a full term.

If after the time for candidates to file the petition of nomination provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.

HISTORY: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 1977, ch. 425, § 2; Laws, 1982, ch. 356, § 2; Laws, 1989, ch. 392, § 1; Laws, 2000, ch. 592, § 18, eff from and after July 28, 2000, the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section.

Editor’s Notes —

The United States Attorney General, by letter dated July 28, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2000, ch. 592, § 18.

Amendment Notes —

The 2000 amendment, in the first paragraph, substituted “the county registrar” for “said election commissioners,” and inserted “by 5:00 p.m.”

Cross References —

Applicability of this section to election of trustees of consolidated or consolidated line school districts, see §§37-7-207,37-7-221.

§ 37-7-227. Election of consolidated or consolidated line school district trustees; ballot; determination of results; runoffs.

  1. The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms. The candidate who receives a majority of the votes cast, either for a full term or for an unexpired term or terms, as indicated on the ballot, shall be declared elected, and the person or persons elected to a full term shall assume the duties of his office on the first day of January of the year following such election. The person or persons elected to an unexpired term(s) shall assume office immediately. If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner three (3) weeks after the election between the two (2) candidates receiving the highest number of votes upon the first ballot.
  2. Notwithstanding any other provision of law, if an election for school board trustees occurs on a Tuesday, during a general election, any runoff for such election shall occur three (3) weeks after the election.

HISTORY: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 1981, ch. 409, § 8; Laws, 2008, ch. 505, § 1, eff July 21, 2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

On July 21, 2008, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2008, ch. 505.

Amendment Notes —

The 2008 amendment substituted “three (3) weeks after the election” for “on the third Tuesday after the first Monday in November following such election” near the end of (1); added (2); and made minor stylistic changes.

Cross References —

Applicability of this section to election of trustees of consolidated or consolidated line school districts, see §§37-7-207,37-7-221.

§ 37-7-229. Election of consolidated or consolidated line school district trustees; preparation of list of qualified electors; compensation of election commissioners.

For the purpose of holding such election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district in which such election is to be held who are eligible to participate in the election. The list shall be furnished to the poll managers in each precinct, together with the ballots and other election supplies.

In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in the precinct and who are eligible to participate in the election. The election commissioners shall furnish to the poll managers in the precinct separate ballots and separate ballot boxes and separate voting lists for each school district.

For each day spent in carrying out the provisions of Sections 37-7-225 through 37-7-229 the county election commissioners shall be paid at the rate prescribed by law.

HISTORY: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 2017, ch. 441, § 186, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “poll managers” for “election managers” once in the first paragraph and once in the second paragraph; inserted “(2)” near the beginning of the second paragraph; and made minor stylistic changes.

Cross References —

Applicability of this section to election of trustees of consolidated or consolidated line school districts, see §§37-7-207,37-7-221.

OPINIONS OF THE ATTORNEY GENERAL

This section does require that the election commissioners of each county prepare separate lists of the qualified electors of each of the single-member election districts for each county election precinct containing part of the school district. Eskridge, August 16, 1996, A.G. Op. #96-0390.

§§ 37-7-231 through 37-7-235. Repealed.

Repealed by Laws, 1986, ch. 492, § 45, eff from and after July 1, 1987.

§37-7-231. [Codes, 1942, § 6328-22; Laws, 1953, Ex Sess, ch. 17, § 2]

§37-7-233. [Codes, 1942, § 6328-23; Laws, 1953, Ex Sess, ch. 17, § 3]

§37-7-235. [Codes, 1942, § 6328-23.5; Laws, 1964, ch. 418]

Editor’s Notes —

Former §37-7-231 related to the organization of the board of trustees of school districts.

Former §37-7-233 provided for meetings of boards of trustees of municipal separate school districts and consolidated school districts.

Former §37-7-235 provided for reimbursement of travel expenses for members of the board of trustees of municipal separate school districts.

Article 7. Boards of Trustees; General Powers and Duties.

§ 37-7-301. General powers and duties.

The school boards of all school districts shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:

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;

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;

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;

To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;

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 school 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;

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;

To support, within reasonable limits, the superintendent, principal and teachers where necessary for the proper discipline of the school;

To exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such 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 such disease;

To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37;

To see that all necessary utilities and services are provided in the schools at all times when same are needed;

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 said board;

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;

To maintain and operate all of the schools under their control for such length of time during the year as may be required;

To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;

To make orders directed to the superintendent of schools 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 such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise. The local school board 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 superintendent of schools to be ratified by the board at the next regularly scheduled meeting after payment has been made;

To select all school district personnel in the manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board;

To provide athletic programs and other school activities and to regulate the establishment and operation of such programs and activities;

To join, in their discretion, any association of school boards and other public school-related organizations, and to pay from local funds other than minimum foundation funds, any membership dues;

To expend local school activity funds, or other available school district funds, other than minimum education program funds, for the purposes prescribed under this paragraph. “Activity funds” shall mean all funds received by school officials in all school districts paid or collected to participate in any school activity, such 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 such 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 local school governing board, the organization’s function shall be 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 local school governing 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 which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently 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 local school governing board shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The local school governing board shall provide (i) that such school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts, or (ii) that such school activity funds shall be maintained and expended by the superintendent of schools in a central depository approved by the board. The local school governing board shall provide that such 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;

To enter into an energy performance contract, energy services contract, a shared savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14;

To maintain accounts and issue pay certificates on school food service bank accounts;

(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 nonminimum program sources. The school board of the school district 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 school 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 prior to the date upon which the school board is to act on the question of leasing a school building. If no petition requesting an election is filed prior to such 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 prior to said 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 shall be filed with the school board requesting that an election be called on the question, then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing the school board to lease a school building. Such 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 school board. If at least three-fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of the leasing of a school building, then the school 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 such lease shall be either the amount of the lowest and best bid accepted by the school 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;

If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the school boards having control may be held but no action taken shall be binding on any such school district 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 school boards of school districts 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;

To employ all noninstructional and noncertificated employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the superintendent of schools;

To employ and fix the duties and compensation of such legal counsel as deemed necessary;

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;

To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers;

To acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. Whenever the purchase price for such real property is greater than Fifty Thousand Dollars ($50,000.00), the school board shall not purchase the property for an amount exceeding the fair market value of such 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 shall be unable to agree with the owner of any such real property in connection with any such project, the board shall have the power and authority to acquire any such real property by condemnation proceedings pursuant to Section 11-27-1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is hereby conferred upon and vested in said board. Provided further, that the local school board 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; provided, 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 such authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land which is subject to an existing lease shall be burdened by any such easement except by consent of the lessee or unless the school district shall acquire the unexpired leasehold interest affected by the easement;

To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;

Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13;

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 school board, or to allow more efficient utilization of limited resources for providing services to the public;

To provide for in-service training for employees of the district;

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 which 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;

To conduct fund-raising activities on behalf of the school district that the local school board, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that:

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

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 school 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;

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 school board;

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;

To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;

To exercise such powers as may be reasonably necessary to carry out the provisions of this section;

To expend funds for the services of nonprofit arts organizations or other such nonprofit organizations who provide performances or other services for the students of the school district;

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);

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 such 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;

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;

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, local school boards are encouraged to conduct independent reviews of the management and efficiency of schools and school districts. Such management and efficiency reviews shall provide state and local officials and the public with the following:

An assessment of a school district’s governance and organizational structure;

An assessment of the school district’s financial and personnel management;

An assessment of revenue levels and sources;

An assessment of facilities utilization, planning and maintenance;

An assessment of food services, transportation and safety/security systems;

An assessment of instructional and administrative technology;

A review of the instructional management and the efficiency and effectiveness of existing instructional programs; and

Recommended methods for increasing efficiency and effectiveness in providing educational services to the public;

To enter into agreements with other local school boards 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;

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 school board may coordinate with volunteer teachers from local community organizations, including, but not limited to, the following: United States Department of Agriculture Rural Development, United States Department of Housing and Urban Development, Junior Achievement, bankers and other nonprofit organizations. Nothing in this paragraph shall be construed as to require school boards to implement a financial literacy program;

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 school board may utilize any source of available revenue to fund the voluntary program. 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;

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:

Withhold all or any part (as agreed by the school board) of any monies which such 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

Pay the same over to any financial institution, trustee or other obligee, as directed in writing by the school board, to satisfy all or part of such obligation of the school district.

The school board may make such 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 such 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 such agreement from the amounts due the local school board and shall continue to pay the same over to such 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 such school district or the statutory limitations on debt maturities, and shall not grant any extra authority to impose, levy or collect a tax which is not otherwise expressly provided for, and shall not be construed to apply to sixteenth section public school trust land;

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;

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;

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;

To partner with entities, organizations and corporations for the purpose of benefiting the school district;

To borrow funds from the Rural Economic Development Authority for the maintenance of school buildings;

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 such early childhood education programs. Such programs shall not conflict with the Early Learning Collaborative Act of 2013;

To issue and provide for the use of procurement cards by school board members, superintendents and licensed school personnel consistent with the rules and regulations of the Mississippi Department of Finance and Administration under Section 31-7-9; and

To conduct an annual comprehensive evaluation of the superintendent of schools 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.

HISTORY: Codes, 1942, § 6328-24; Laws, 1953, Ex Sess, ch. 28, § 2; Laws, 1970, ch. 373, § 1; Laws, 1971, ch. 340, § 1; Laws, 1982, ch. 466, § 1; Laws, 1985, ch. 466, § 1; Laws, 1985, ch. 493, § 3; Laws, 1986, ch. 415, § 3; Laws, 1986, ch. 433, § 18; Laws, 1986, ch. 492, § 9; Laws, 1987, ch. 307, § 4; Laws, 1989, ch. 585, § 6; Laws, 1990, ch. 535, § 4; Laws, 1993, ch. 549, § 1; Laws, 1993, ch. 562, § 1; Laws, 1995, ch. 515, § 1; Laws, 1995, ch. 344, § 3; Laws, 1995, ch. 426, § 2; Laws, 1996, ch. 437, § 1; Laws, 2000, ch. 370, § 4; Laws, 2000, ch. 559, § 1; Laws, 2004, ch. 408, § 2; Laws, 2004, ch. 485, § 1; Laws, 2004, ch. 563, § 1; Laws, 2005, ch. 394, § 1; Laws, 2005, ch. 540, § 2; Laws, 2006, ch. 390, § 1; Laws, 2006, ch. 417, § 14; Laws, 2007, ch. 416, § 2; Laws, 2009, ch. 317, § 1; reenacted without change, Laws, 2009, ch. 345, § 7; Laws, 2010, ch. 488, § 5; Laws, 2012, ch. 490, § 1; Laws, 2012, ch. 543, § 2; Laws, 2013, ch. 493, § 3; Laws, 2014, ch. 481, § 3, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 1 of ch. 317, Laws of 2009, effective from and after July 1, 2009 (approved March 9, 2009), amended this section. Section 7 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 1 of ch. 317, Laws of 2009, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Section 4 of ch. 370, Laws of 2000, effective from and after July 1, 2000 (approved April 14, 2000), amended this section. Section 1 of ch. 559, Laws of 2000, effective from and after July 1, 2000 (approved May 20, 2000), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the June 29, 2005 meeting of the Committee.

Section 2 of ch. 408 Laws of 2004, effective from and after June 30, 2004 (approved April 26, 2004), amended this section. Section 1 of ch. 485, Laws of 2004, effective from and after July 1, 2004 (approved May 1, 2004), also amended this section. Section 1 of ch. 563, Laws of 2004 effective from and after July 1, 2004 (approved May 14, 2004), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 563, Laws of 2004, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (qq). “Section 37-7-345” was substituted for “Section 1 of Senate Bill No. 3016, 2004 Regular Session” at the end of the first sentence.

Section 2 of ch. 540 Laws of 2005, effective from and after passage (approved April 20, 2005), amended this section. Section 1 of ch. 394, Laws of 2005, effective July 1, 2005 (approved March 16, 2005), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the June 29, 2005 meeting of the Committee.

Section 1 of ch. 390, Laws of 2006, effective from and after July 1, 2006 (approved March 13, 2006), amended this section. Section 14 of ch. 417, Laws of 2006, effective from and after July 1, 2006 (approved March 15, 2006), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the May 31, 2006 meeting of the Committee.

Section 2 of ch. 543, Laws of 2012, effective from and after July 1, 2012 (approved May 22, 2012), amended this section. Section 1 of ch. 490, Laws of 2012, effective July 1, 2012 (approved April 26, 2012), amended this section. As set out above, this section reflects the language of Section 2 of ch. 543, Laws of 2012, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date supersedes all other amendments to the same section approved on an earlier date.

Editor’s Notes —

Laws of 1989, ch. 585, § 9, provides as follows:

“SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.”

Laws of 1990, ch. 588, § 7, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990 declare that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, such funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions were not implemented. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Laws of 1996, ch. 437, § 2, provides as follows:

“SECTION 2. Any actions taken by school officials prior to the effective date of this act which are specifically authorized herein, are hereby ratified, approved and confirmed.”

Amendment Notes —

The first 2000 amendment (ch. 370) deleted “administrative superintendent ” following “superintendent ” in (g); deleted “provided ” following “contagious diseases ” in (h); deleted “or administrative superintendent ” following “superintendent of schools ” in (o); substituted “certified general appraisers licensed by the State of Mississippi ” for “members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers ” in the eighth sentence of (v)(i), and deleted “(v)(i) ” following “this item ” in the last sentence; deleted “hereinabove ” following “procedure ” in the first sentence of (v)(ii); deleted “or the administrative superintendent ” at the end of (w); in (aa), inserted the present second sentence, in the present fourth sentence, deleted “Provided further, that ” at the beginning, and deleted “provided ” preceding “however ”; in (ff), deleted “The school boards of all school districts ” at the beginning and substituted “to provide ” for “may provide ”; and made other minor changes.

The second 2000 amendment (ch. 559) rewrote (e); deleted “administrative superintendent ” following “superintendent ” in (g); deleted “or administrative superintendent ” following “superintendent of schools ” in (o); substituted “certified general appraisers licensed by the State of Mississippi ” for “members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers ” in the eighth sentence of (v)(i); deleted “or the administrative superintendent ” at the end of (w); inserted the second sentence of (aa); and in (ff), deleted “The school boards of all school districts ” at the beginning, and substituted “to provide ” for “may provide.”

The first 2004 amendment (ch. 408) substituted “(i) ” for“(a) ” and “(ii) ” for “(b) ” in the third-to-last sentence of (s); added (mm) and (nn); and made minor stylistic changes.

The second 2004 amendment (ch. 485), added (mm); and made other minor changes.

The third 2004 amendment (ch. 563) redesignated clauses (a) and (b) as clauses (i) and (ii) in (s); and added (mm) through (ss).

The first 2005 amendment (ch. 394) added the last sentence in (o).

The second 2005 amendment (ch. 540) added (tt) through (vv).

The first 2006 amendment (ch. 390), in (v)(i), substituted “paragraph (v)(i)” for “item (v)” near the beginning of the next-to-last sentence, and substituted “paragraph (v)(i)” for “item (v)(i)” in the last sentence; in (v)(ii), substituted “paragraph (v)(i)” for “item (v)(i)” in the first and second sentences; in (uu), substituted “paragraph (uu)” for “item (uu)” in the second sentence; added (ww) and (xx); and made minor stylistic changes.

The second 2006 amendment (ch. 417), substituted “The State Department of Education” for “The State Auditor” at the beginning of the last sentence in (s); in (v)(i), substituted “as used in paragraph (v)(i)” for “as used in item (v)” in the next-to-last sentence and “as used in this paragraph” for “as used in this item” in the last sentence; deleted the former last two sentences of (ee), which read: “Until June 30, 1994, the school boards may designate two (2) days of the minimum school term, as defined in Section 37-19-1 for employee in-service training for implementation of the new statewide testing system as developed by the State Board of Education. Such designation shall be subject to approval by the State Board of Education pursuant to uniform rules and regulations”; in (uu), substituted “This paragraph (uu)” for “This subsection (uu)” in the next-to-last sentence; added (ww), (xx) and (yy); and made minor stylistic changes.

The 2007 amendment extended the date of the repealer in (qq) from July 1, 2007, until July 1, 2010.

The first 2009 amendment (ch. 317), in (ss), deleted “full-day” preceding “prekindergarten program” in the first sentence, and substituted “any source of available revenue” for “nonstate source special funds, grants, donations or gifts” in the second sentence; added (zz); and made minor stylistic changes.

The second 2009 amendment (ch. 345) reenacted this section without change.

The 2010 amendment deleted the undesignated paragraph following (qq), which read: “This paragraph shall repeal on July 1, 2010.”

The first 2012 amendment (ch. 490), substituted “Department of Revenue” for “State Tax Commission” throughout (tt); added (aaa); and made minor stylistic changes throughout.

The second 2012 amendment (ch. 543), substituted “Department of Revenue” for “State Tax Commission” throughout (tt); and added (aaa) and (bbb) and made minor punctuation changes.

The 2013 amendment added the last sentence in (ss); and substituted “2013” for “2007” at the end of (zz).

The 2014 amendment, in (t), substituted “To enter into an energy performance contract, energy services contract” for “To contract, on” and deleted “not to exceed ten (10) years” from the end; deleted “Mississippi Code of 1972” from the end of (vv); and made minor stylistic changes.

Cross References —

Cooperation in carrying out provisions regarding job development and training, see §7-1-365.

Power of the state department of audit to audit the accounts of any school district, including activity funds, see §7-7-211.

Public contracts for energy efficiency services, see §31-7-14.

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Provisions providing that all public school districts have a common system of administration after July 1, 1987, see §§37-6-1 et seq.

Emergency School Leasing Authority Act of 1986, see §§37-7-351 through37-7-359.

Power of boards of trustees of school districts to require physical examinations of school employees, see §37-11-17.

School district’s discipline plan, and recovery of damages from parent for child’s destructive acts against school property, see §37-11-53.

Code of student conduct, see §37-11-55.

Inclusion of immunization information in pupils’ permanent records, see §37-15-1.

Establishment of graduation standards, see §37-16-7.

Authority of State Board of Education as to school districts declared to be in a state of emergency, see §37-17-13.

Early Learning Collaborative Act of 2013, see §37-21-51.

Establishment and maintenance of drivers’ education courses by school boards, see §37-25-3.

Letting of contracts and making of purchases by boards of trustees for school equipment and supplies, see §§37-39-1 et seq.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this section, see §37-61-33.

Conditions for closing schools by boards of trustees, see §§37-65-101 et seq.

Mississippi Adequate Education Program created, see §§37-151-1 et seq.

Mississippi Critical Teacher Shortage Act, see §§37-159-1 et seq.

Prohibition against attendance of school by unvaccinated children, see §41-23-37.

Application of Energy Management Law to property of public school districts, see §57-39-103.

Roads, driveways and parking areas on school district property, and expenditure of funds for their construction and upkeep, see §65-7-74.

Federal Aspects—

No Child Left Behind Act of 2001, P.L. 107-110, 115 Stat. 1425, see 20 USCS §§ 6301 et seq.

OPINIONS OF THE ATTORNEY GENERAL

School board is not authorized to enter into an owner financed purchase agreement for the purchase of land. Bailey, Jan. 7, 1992, A.G. Op. #91-0959.

School board attorney may be compensated for all legal services contracted for and performed including legal services in conjunction with bond issues, subject to statutory fee limitations. King, August 5, 1992, A.G. Op. #92-0553.

Local public school districts have necessary implied authority to purchase contracts for liability insurance if they determine such is in best interest of districts. Watkins, Sept. 10, 1992, A.G. Op. #92-0731.

School board could not purchase utility vehicle to be operated by employee of State Forestry Commission in performance of forestry services for school district. Badon, Oct. 14, 1992, A.G. Op. #92-0788.

School board may, pursuant to this section, set reasonable regulations for governance of schools including permitting of solicitation, as in case of various music supply companies presenting their products to new band members; this solicitation must be in connection with school-sponsored program, and parents or children who so request should be allowed to view products of any business which provides product, if only that business is given access to school; to permit solicitation by businesses for products unrelated to school-sponsored course or event may be violation of Constitution and may impair efficient operation of school. Young, Feb. 3, 1993, A.G. Op. #93-0070.

Statute allows school district to employ counsel as it deems necessary to represent it in any action at law; however, it does not authorize payment of fees for attorney employed by and representing private group in action to which district is not party; such would be violation of Article 4, Section 66 of Mississippi Constitution of 1890 Andrews Oct. 29, 1993, A.G. Op. #93-0777.

In regard to personnel matters, Sections 37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37-9-105 and 37-9-59, with the exception of the step-aside provisions of 37-9-17, require the recommendation of the superintendent before the board may act upon the employment of non-instructional employees and certificated employees. Hand, February 1, 1995, A.G. Op. #95-0008.

Travel expenses of school board members are governed by subsection (o) of this section and §37-6-13 and a school board may approve travel expenses of their membership without the superintendent’s recommendation. Hand, February 1, 1995, A.G. Op. #95-0008.

Travel expenses of non-school board personnel requires the approval of the school board pursuant to Section 37-9-14(7) and subsection (o) of this section. Hand, February 1, 1995, A.G. Op. #95-0008.

Subsection (w) of this section authorizes the school board to employ registered lobbyists to represent the board’s interest before the Mississippi Legislature and its committees if the superintendent or administrative superintendent recommends it, and the school board finds that such action is necessary to the carrying out of a lawful school board function. Barrett, July 27, 1995, A.G. Op. #95-0493.

Subsection (dd) of this section for school districts and Section 21-17-5, the home rule authority for municipalities, provide specific authority for the school district and the city to enter into the Interlocal Agreement for the provision of printing services by the school district to the city, provided adequate consideration is received in return. Cochran, December 20, 1995, A.G. Op. #95-0730.

Subsection (aa) of this section includes the power to lease property such as a parking lot for use by an existing school building upon the requisite findings that the property is necessary and desirable in connection with the operation of the school building. Caves, November 1, 1996, A.G. Op. #96-0709.

A county board of supervisors does not have the power to lease real property from a school district for the purpose of subsequently subleasing the property to citizens of the county to be used as a community recreational facility. Lamar, July 18, 1997, A.G. Op. #97-0429.

A public school district is authorized to enter into a contract for Medicaid reimbursement billing services, and such contract may provide for compensation at a rate determined by the district board to be reasonable and commensurate with the services provided. Turner, July 25, 1997, A.G. Op. #97-0430.

A school board may contract with an investment advisor to provide services and pay a fixed, percentage fee based upon the assets managed by the advisor so long as the board finds that the fee is reasonable and commensurate with the services provided. Turner, August 28, 1998, A.G. Op. #98-0475.

A school district and a city may enter into an interlocal agreement for the provision of traffic control, although the duty to enforce traffic regulations lies with the police department and it can not withhold its services solely because of the lack of such an agreement. Noble, January 15, 1999, A.G. Op. #98-0714.

A school district is authorized to purchase property or exercise the right of eminent domain. Bryant, January 15, 1999, A.G. Op. #98-0725.

If property is subject to a present lease with the term expiring in the future, the school district may acquire the property subject to the lease. Bryant, January 15, 1999, A.G. Op. #98-0725.

Assuming that a drug testing program meets the constitutional standards established in Vernonia School Dist. 47J v. Acton, 115 S. Ct. 2386 (1995), and there are factual findings on the board minutes in accord with these standards, then the school board has the authority to pay for the cost of such a program out of maintenance funds. Wallace, January 29, 1999, A.G. Op. #98-0803.

If a mandatory school uniform rule furthers a substantial, legitimate interest of the school district, as determined by the school board, then it is within the discretion of a school board, with proper notice, to prescribe the discipline to be administered for the violation of the rule or regulation; assuming that the child is financially able to purchase the required uniform, a school district may administer, subject to procedural due process, appropriate disciplinary measures for refusal to comply with the school rule, including suspension or expulsion; however, long term out-of-school suspension or expulsion for violation of a school uniform policy is not permitted. Smith, June 11, 1999, A.G. Op. #99-0274.

At athletic and student recognition banquets, meals may be provided by the school board for students, parents, and employees of the district. Bryant, July 30, 1999, A.G. Op. #99-0380.

Both the GECIC and the GCCF are organizations to which a school board may pay dues, and once dues are paid into a private organization, the funds are no longer public funds and are no longer restricted by the laws governing state agencies’ investments and expenditures. Dukes, August 20, 1999, A.G. Op. #99-0397.

A school board may, with proper notice, adopt a rule wherein further property belonging to the school may be withheld from a student who has lost, destroyed, or damaged school property entrusted to him or her until such time as the student or parents reimburse the school for the property. Chaney, Jr., Jan. 28, 2000, A.G. Op. #99-0723.

Subsection (s) discusses two separate issues related to activity funds; the first issue is the “necessary expenses or travel costs . . . incurred by students and their chaperons,” and the second issue is “any commodities, equipment . . . which may become the personal property of individuals.” Bryant, May 19, 2000, A.G. Op. #2000-0186.

The term “individuals,” as used in subsection (s), refers to the students of the local school district. Bryant, May 19, 2000, A.G. Op. #2000-0186.

Subsection (aa) allows a school board to acquire real property, so long as no amount is paid for interest or financing of the purchase. Mitchell, June 9, 2000, A.G. Op. #2000-0266.

Organizations may be permitted to utilize school facilities without charge for rent or utilities, as long as the school board makes a finding that the organization’s use of the property is beneficial to the official or extracurricular programs of the school. Compretta, July 28, 2000, A.G. Op. #2000-0425.

A school board is authorized to expend funds for the purpose of renovating and adding on to the office of the superintendent of education if such is reasonably necessary for the performance of duties. Gex, Oct. 6, 2000, A.G. Op. #2000-0555.

The school board of a county school district does not have authority to employ or re-employ a non-instructional employee if the superintendent does not recommend the employee to the board. Boyles, Mar. 2, 2001, A.G. Op. #01-0116.

A school board can adopt a policy which addresses non-employees, as long as the policy is consistent with all laws and State Board of Education regulations, and a school district may, in the exercise of its authority to provide a safe and secure environment for its students, prohibit or otherwise restrict a convicted felon from working with students on campus. Tutor, Mar. 20, 2001, A.G. Op. #01-0688.

A school district may contract with noninstructional and noncertified employees in accordance with the fluctuating workweek scheme as defined by the federal Fair Labor Standards Act. Adams, Sept. 28, 2001, A.G. Op. #01-0601.

A school board may set the salary for any superintendent, principal, or licensed/certificated employee at the amount the board deems appropriate. Mayfield, July 19, 2002, A.G. Op. #02-0291.

Allowing independent contractors to establish concession areas on school property during extracurricular events constitutes the granting of a license for which it would require the approval of the school board and the assessment of a reasonable fee, which could be in the form of a negotiated percentage of all sales of food and beverages at the events. Adams, Sept. 27, 2002, A.G. Op. #02-0508.

Even if there was an error in crediting experience at the time a school district hired an employee, the district and the employee agreed upon an amount for salary and the employee was paid that salary and is not due any back pay. Logan, Nov. 8, 2002, A.G. Op. #02-0617.

The school board must be allowed to reject or approve all claims before pay certificates are issued by the superintendent of education; however, pay certificates may be issued by the superintendent without prior approval of the school board on the payment of specific claims in accordance with the exceptions set out in subsection 37-9-14(7). Henderson, Dec. 6, 2002, A.G. Op. #02-0658.

Where a school district and long-term substitute teacher agreed upon a specific daily amount of compensation and she was paid that amount, even if this was an error in that other employees serving in the same position received a higher daily pay rate, she was not due any back pay under the circumstances. Varas, Dec. 13, 2002, A.G. Op. #02-0706.

So long as a school district’s employees are not already contracted and paid to participate in training sessions and have not performed the service of attending the sessions, Article 4, Section 96 of the Mississippi Constitution does not prohibit the district from contracting with these employees to attend the sessions. Adams, Jan. 10, 2003, A.G. Op. #02-0717.

If a graduation policy furthers a substantial, legitimate interest of the school district, as determined by the school board, then it is within the authority of the school board to adopt such graduation policy. Adams, June 13, 2003, A.G. Op. 03-0257.

Considering the absence of any state law to the contrary, a school board has the inherent authority to establish its own policy regarding the setting and amending of its agenda as well as the adoption of rules of parliamentary procedure pursuant to its authority under this section. Adams, June 20, 2003, A.G. Op. 03-0282.

A school board is authorized to pay for additions to the superintendent’s office building which is owned by the county if the county approves the modifications to and construction upon its property. Spears, July 18, 2003, A.G. Op. 03-0319.

Whether a meeting of the Congressional Black Caucus Political and Educational Leadership Institute is educational is a factual question which cannot be answered by way of an Attorney General’s opinion; however, if the school board makes a determination, consistent with fact and subject to review by the State Auditor or a court of competent jurisdiction, that it is an educational meeting then it may approve the expenditure of funds for the attendance of members, as long as the requirements of Section 37-6-13 and subsection (o) of this section have been met. Swanson, July 7, 2003, A.G. Op. 03-0330.

No statutory authority can be found which would permit school employees to search a student vehicle that is parked on a city street, to designate parking on a city street or to control traffic flow of a city street; however, a school district and a city may enter into an interlocal agreement for the provision of traffic control, and city and county law enforcement agencies are authorized to contract with school districts for the provision of police protection. Taylor, July 7, 2003, A.G. Op. 03-0334.

Although school districts are empowered to construct school buildings and related facilities and to construct necessary utility services, no authority can be found for a district to provide services to a private entity. Harrell, Jan. 6, 2004, A.G. Op. 03-0628.

Use of public school buildings pursuant to subsection (k) of this section should not interfere with the school’s routine or extra-curricular use of the building. Adams, Jan. 30, 2004, A.G. Op. 03-0704.

A school district may require compensation for use of a school facility. Adams, Jan. 30, 2004, A.G. Op. 03-0704.

While a school has the authority to impose disciplinary punishment against a student who damages school property (or to seek reimbursement from the student’s parents), a school should not act in a manner that imposes an academic punishment on the student. Adams, Jan. 23, 2004, A.G. Op. 03-0553.

Subject to any lawfully adopted policies or preexisting contractual obligations, a school board in its discretion may reassign a nonlicensed employee to a position with lesser duties and responsibilities and may also reduce the salary of the employee. Smith, Mar. 19, 2004, A.G. Op. 04-0114.

A school district building use policy must be applied equally to all parties requesting use of the school gymnasium or any other school building; to do otherwise, may have a discriminatory effect on other individuals or groups desiring to use school facilities. Thus, the Parent Teacher Association must abide by the district policy including the provision that requires insurance to be obtained. Jones, Apr. 30, 2004, A.G. Op. 04-0167.

Dues payments by public school districts to associations such as the Mississippi School Superintendents Association, or Mississippi School Board Associations may be paid from local funds. Chaney, June 14, 2004, A.G. Op. 04-0228.

Subsection (gg) of this section authorizes a school board to receive a commission, rebate or fee from a school photographer pursuant to a contract with a photographer for the sale of school pictures as long as a disclosure statement advising that a portion of the proceeds of the sales shall be contributed to the student activity fund is given to students and their parents. Johnson, June 18, 2004, A.G. Op. 04-0236.

There is no specific statutory authority for a school board to dismiss non-licensed employees on its own initiative. That authority has been granted specifically to the superintendent in §37-9-14 (2)(y). Rhodes, Nov. 4, 2004, A.G. Op. 04-0509.

The purchase of fixtures and equipment constituting fixtures as part of the acquisition of a tract of land and existing truck terminal building shop for use as a school district’s bus terminal can be acquired pursuant to subsection (aa) of this section without regard to general bid procedures. Nettles, Nov. 15, 2004, A.G. Op. 04-0490.

A leadership book for teacher use and cell phone service for use by coaches and/or teachers when traveling on school functions may be paid with activity funds if the school board deems the expenses beneficial to the official or extracurricular programs of the district. No authority can be found for expenditure of activity funds for membership dues for a principal to belong to a school-related organization. Compton, July 22, 2005, A.G. Op. 05-0283.

A county school district board has the authority to accept a donation of funds from a non-profit organization for the purpose of constructing an indoor batting facility. Foster, July 29, 2005, A.G. Op. 05-0373.

No statutory provisions are known, other than the conflict of interest laws, that would prevent a school board from purchasing real property from the regular school board attorney, as long as the purchase is made in accordance with Section 37-7-301. Johnson, Oct. 7, 2005, A.G. Op. 05-0473.

A school board may require a Health Certificate to be obtained by all new employees as a condition to employment. Mayfield, Dec. 9, 2005, A.G. Op. 05-0572.

A school board would have the authority to pay for the cost of a portrait to be placed at a high school and the cost of having a mural painted on a wall at the school to honor former students upon making a finding that the expenditures are reasonable and necessary and for the support and operation of its schools and the educational benefit of its students and funds are available. Compton, Apr. 28, 2006, A.G. Op. 06-0144.

There is no authority which grants special privileges to a school district employee who also serves as a public official. Mayfield, Apr. 28, 2006, A.G. Op. 06-0121.

A school board has authority to lease property from the U.S. Army Corps of Engineers; this response does not change for leasing unimproved real property. Walker, July 11, 2006, A.G. Op. 06-0226.

For purposes of application of the separation of powers doctrine, a local school board is an officer exercising powers in the executive branch of government. Bounds, July 27, 2006, A.G. Op. 06-0276.

A school district has the authority to have a student tested for suspicion of using drugs without first securing the parent’s or guardian’s permission. Montgomery, Aug. 20, 2006, A.G. Op. 06-0513.

Each school district in adopting board regulations pertaining to the use of school facilities for the purpose of conducting public meetings must take into consideration federal constitutional standards as well as current federal statutes. Roach, Aug. 25, 2006, A.G. Op. 06-0362.

A school board may adopt a policy prohibiting the use of the name of the school district for student functions located off campus where all students are not invited. Roach, Aug. 25, 2006, A.G. Op. 06-0362.

The school board has authority to impose disciplinary action for conduct committed at a school-related activity or event or for conduct occurring on property other than school property or at a school-related event. Roach, Aug. 25, 2006, A.G. Op. 06-0362.

A local school board is authorized to acquire, in its own name by purchase, real property consisting of a building located thereon to be used for administrative purposes by the superintendent and central office staff as well as providing additional meeting rooms for school board meetings, provided the requirements of Section 37-7-301(aa) are met. Maples, Sept. 29, 2006, A.G. Op. 06-0469.

A school board has authority to authorize the payment of Hepatitis B vaccines for all school district employees who may be exposed to blood borne pathogens. Smith, Oct. 20, 2006, A.G. Op. 06-0522.

Lease of school facilities to a church for worship services by the Board of Trustees is permissible under Miss. Code Ann. §37-7-301, so long as the use is allowed under a reasonable and nondiscriminatory policy prescribed by the Board and applied in a reasonable and nondiscriminatory manner, and so long as the church complies with the Board’s Building Use Policy. Henderson, February 2, 2007, A.G. Op. #07-00017, 2007 Miss. AG LEXIS 7.

A school board may employ legal counsel other than the Board Attorney only by a majority vote of a quorum present in a properly noticed and open meeting of the board, and must officially hire an attorney before sharing any confidential personnel records. Reasons for non-renewal of a superintendent’s contract and any settlement offers must be approved and recorded in the minutes at an official meeting of the board. All policies, actions, and decisions of the school board must be reasonable and necessary to meet the educational needs of the district’s children. Foreman, March 30, 2007, A.G. Op. #07-00119, 2007 Miss. AG LEXIS 71.

Purchase of athletic equipment and travel expenses of students and chaperones for school-related extracurricular clubs and teams are allowable expenditures of activity funds derived from athletic events. If the local school board deems the expenses beneficial to the extracurricular programs and students of the district, it may authorize the expenditures pursuant to Miss. Code Ann. §37-7-301(s). Caudill, March 30, 2007, A.G. Op. #07-00122, 2007 Miss. AG LEXIS 76.

RESEARCH REFERENCES

ALR.

Use of public school premises for religious purposes during nonschool time. 79 A.L.R.2d 1148.

Physical or mental illness as basis of dismissal of students from school, college, or university. 17 A.L.R.4th 519.

Validity, construction, and effect of provision releasing school from liability for injuries to students caused by interscholastic and other extracurricular activities. 85 A.L.R.4th 344.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Validity of regulation by public-school authorities as to clothes or personal appearance of pupils. 58 A.L.R.5th 1.

Validity and construction of public school regulation of student distribution of religious documents at school. 136 A.L.R. Fed. 551.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 25 et seq.

16A Am. Jur. Legal Forms 2d (Rev), Schools § 229:77 (resolution adopting policies, rules and regulations for district).

CJS.

78 C.J.S., Schools and School Districts §§ 287-289, 291, 292 et seq.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

1984 Mississippi Supreme Court Review – Corporate, Contract and Commercial Law. 55 Miss L. J. 65, March, 1985.

1985 Mississippi Supreme Court Review – Administrative Law. 55 Miss. L. J. 735, December 1985.

Aids in the Classroom. 58 Miss. L. J. 349, Fall 1988.

Practice References.

Mississippi School Laws Annotated (Michie).

IDEA Reauthorized (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

2. Employment.

3. Expenditures.

4. Student rights and discipline.

5. Suit for damages.

6. Miscellaneous.

1. In general.

School district’s acts of constructing and maintaining a theater set, where an independent contractor fell through a hole in a catwalk above a high school stage, fell under the governmental function. Calonkey v. Amory Sch. Dist., 163 So.3d 940, 2014 Miss. App. LEXIS 499 (Miss. Ct. App. 2014), cert. denied, 163 So.3d 301, 2015 Miss. LEXIS 238 (Miss. 2015).

Where plaintiff parent sued defendant school district in state court alleging her child was sexually assaulted at school and obtained a judgment under the Mississippi Tort Claims Act, her later claims in federal court were properly held as barred due to res judicata; while school districts’ sources of funding under Miss. Code Ann. §§37-45-21,37-47-1 et seq.,37-57-1,37-59-3, and37-151-7 were equally divided between local school districts and the state under Miss. Code Ann. §§11-46-7,11-46-16(2), and §11-46-17(2), any judgment against the school district would be paid through the Tort Claims Fund and excess liability insurance, and thus, the school district was not considered an arm of the state entitled to Eleventh Amendment immunity. Black v. N. Panola Sch. Dist., 461 F.3d 584, 2006 U.S. App. LEXIS 21259 (5th Cir. Miss. 2006).

In the construction and erection of elementary and junior high schools and the preparation of school grounds, trustees of the city municipal separate school district were exercising power conferred upon them by the Constitution and the legislature, and were not agents of the city. Harrell v. Jackson, 229 Miss. 815, 92 So. 2d 240, 1957 Miss. LEXIS 329 (Miss. 1957).

2. Employment.

A school board has the authority to employ and fix the duties and compensation of non-instructional personnel. Yarbrough v. Camphor, 645 So. 2d 867, 1994 Miss. LEXIS 450 (Miss. 1994).

Where the minutes showed that the board of trustees of a school district at a meeting for the purpose of choosing teachers for the following school term selected petitioner, along with others, as teachers, and that the board would require teachers without degrees to take summer work towards them, but did not indicate that this provision was a condition precedent or subsequent to the employment contract of the teachers so elected, failure of petitioner to attend summer school did not automatically invalidate her contract, and the board of trustees could only remove her under the provisions of § 26, chapter 20, Laws of 1953, extraordinary session [Miss. Code Ann. §37-9-59]. Cheatham v. Smith, 229 Miss. 803, 92 So. 2d 203, 1957 Miss. LEXIS 328 (Miss. 1957).

3. Expenditures.

A school board’s posting of a performance bond for the benefit of a private construction company in connection with its job training program was an illegal expenditure; by posting a performance bond as guarantor for a private company, the school board far exceeded its statutory authority to conduct vocational education training, and therefore personal liability for the illegal expenditure would be imposed on board members. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

A school board’s expenditures of $21,548.92 to pay campaign workers to promote passage of a bond referendum for new school buildings and $945.03 for lunch for poll workers on election day constituted illegal expenditures since a school district is without explicit or implicit statutory authority to expend taxpayer funds in a promotional effort for the passage of a bond referendum; neither §§37-59-1 et seq., which are devoted to school bonds and obligations, nor subsection (d) of this section, which empowers local school districts to construct schools, authorize a school board to spend public funds to promote passage of a bond issue, and therefore board members who voted affirmatively for the advertising budget from which the expenditures were made would be personally liable for the illegal expenditures. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

4. Student rights and discipline.

Where disciplinary proceedings were commenced against a student for violating his school’s policy that prohibited students from carrying weapons, the school board did not err in delegating authority to the superintendent to determine whether the object was a knife under school policy and state law. Miss. Code Ann. §37-7-301(e) authorized the school board to delegate authority to the superintendent to make a determination as to whether the seized instrument was a weapon, so long as the school board made the final determination regarding discipline. Hinds County Sch. Dist. Bd. v. R.B., 10 So.3d 387, 2008 Miss. LEXIS 606 (Miss. 2008).

School district’s alcohol policy was not facially overbroad as applied to conduct of student who admitted consuming alcohol before entering school property to attend school athletic function; policy validly applied to student’s conduct, district was constitutionally permitted to proscribe consumption of alcohol within limits, and policy was susceptible to narrowing interpretation. Board of Trustees v. T.H. by & Through T.H. (In the Interest of T.H.), 681 So. 2d 110, 1996 Miss. LEXIS 492 (Miss. 1996).

High school principal’s deletion from school-sponsored student newspaper of pages containing articles he reasonably considered objectionable did not violate student’s First Amendment rights. Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592, 1988 U.S. LEXIS 310 (U.S. 1988).

A denial of a list of witnesses does not always amount to a prejudicial denial of due process, particularly where student witnesses in a school disciplinary proceeding are involved, since a school board has not been given the power of subpoena. However, school boards should be especially sensitive to the right of students to know the complete nature of the charges, especially where charges of misconduct are denied and proof is based solely on testimony of other students. Although confrontation may not be an absolute necessity – or even advisable – in every case, written statements should ordinarily be provided. Findings of fact should be made, especially where there are multiple allegations. School boards should take note that although courts should not become involved in running schools, expulsion and suspension are severe sanctions requiring solemn attention to a pupil’s rights. Jones v. Board of Trustees, 524 So. 2d 968, 1988 Miss. LEXIS 189 (Miss. 1988).

A high school sophomore who, along with a schoolmate, drank 2 or 3 sips of beer at her home before leaving for school, was denied procedural due process when, despite there being no school board rule prohibiting the drinking of beer by students at home, the school board took away all her school credits for the semester as punishment for drinking the beer, and, again, where procedures for a de novo hearing before the school board were ignored. Warren County Bd. of Education v. Wilkinson, 500 So. 2d 455, 1986 Miss. LEXIS 2789 (Miss. 1986).

As matter of state substantive due process, school board’s disciplinary rule or scheme is constitutionally enforceable where, fairly viewed, it furthers substantial legitimate interest of school district; authority vested in school boards consistent with constitutional limitation includes substantial discretion with respect to administration of punishment to student who violates school rule. Clinton Municipal Separate School Dist. v. Byrd, 477 So. 2d 237, 1985 Miss. LEXIS 2204 (Miss. 1985).

A rule promulgated by a school principal, pursuant to authority delegated to the principal by the board of trustees to decide whether “a student’s hair is too long,” that male students should not wear their hair longer than two inches above the eyebrows, had a rational basis to prevent disruption of the atmosphere of learning and was not an improper invasion of family privacy. Shows v. Freeman, 230 So. 2d 63, 1969 Miss. LEXIS 1262 (Miss. 1969).

5. Suit for damages.

School district was not entitled to discretionary immunity from liability for injuries caused by a protruding conduit in the district’s parking lot because Miss. Code Ann. §37-7-301(d) imposed a ministerial duty on the district to repair the hazard. Natchez-Adams Sch. Dist. v. Bruce, 168 So.3d 1181, 2015 Miss. App. LEXIS 231 (Miss. Ct. App.), cert. denied, 166 So.3d 38, 2015 Miss. LEXIS 334 (Miss. 2015).

School district was not entitled to summary judgment finding the district immune from liability for a student’s injury, under Miss. Code Ann. §11-46-9(1)(d), because the district had a ministerial duty under Miss. Code Ann. §37-7-301(d) to ensure a divider which fell and struck the student was properly replaced and secured. K.N. v. Moss Point Sch. Dist., 167 So.3d 1280, 2014 Miss. App. LEXIS 659 (Miss. Ct. App. 2014), cert. denied, 168 So.3d 962, 2015 Miss. LEXIS 359 (Miss. 2015).

A school district was expressly and impliedly, both by statute and case law, authorized to file and pursue a claim for damages resulting from the alleged faulty construction of a school building against the contractor, the architect, the bonding company, the subcontractors, and the furnishers of building materials, under §11-45-11, since the district had responsibility for the erection, repairing and equipping of school facilities pursuant to §37-7-619 [repealed], and since §7-5-1 did not require that the action be brought by the Attorney General, in that the subject matter of the allegations was an isolated contract and its alleged breach resulting in a defective school roof, which was hardly a matter of state-wide interest. Grenada Municipal Separate School Dist. v. Jesco, Inc., 449 So. 2d 226, 1984 Miss. LEXIS 1707 (Miss. 1984).

A municipal separate school district may bring suit for alleged damages resulting from the alleged faulty construction of a district’s school building against the contractor, the architect, the bonding company, the sub-contractors, and the furnishers of building materials. Grenada Municipal Separate School Dist. v. Jesco, Inc., 449 So. 2d 226, 1984 Miss. LEXIS 1707 (Miss. 1984).

6. Miscellaneous.

Because a decedent was not invited to use a school district bus parking lot, he was a trespasser, and when he left the lot to attempt to cross a public road, he relinquished that status. Thus, the district owed the decedent no duty under Miss. Code Ann. §§37-9-69 and37-7-301 when he stepped off district property and was struck by an oncoming motorist while crossing the road. Gammel v. Tate County Sch. Dist., 995 So. 2d 853, 2008 Miss. App. LEXIS 691 (Miss. Ct. App. 2008).

Youth court had jurisdiction to order reenrollment of student suspended for violation of school district’s alcohol policy. Board of Trustees v. T.H. by & Through T.H. (In the Interest of T.H.), 681 So. 2d 110, 1996 Miss. LEXIS 492 (Miss. 1996).

A public school board had the authority to consolidate schools within its district and to reassign students en masse; the plan was not a “reorganization of the school district” within the meaning of §37-7-105. Section37-7-105 and its petition, publication and referendum procedures do not apply to everything the school board may wish to abolish, alter or reorganize. The statute applies only where the school board “abolishes, alters or reorganizes a school district.” The phrase “school district” imports the geographic boundaries of the district and perhaps the corporate organization or structure thereof. The school board’s plan did not alter the existing structure of the school district, which remained a county-wide district, and did not reorganize corporate structure, and therefore §§37-7-103 and 37-7-105 did not apply. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

Notice procedure set forth in Leasing Act [Miss. Code Ann. §37-7-301] is constitutionally adequate, since it is reasonably calculated, under all circumstances, to apprise interested parties of pendency of action and afford them opportunity to present objections. Cox v. Jackson Municipal Separate School Dist., 503 So. 2d 265, 1987 Miss. LEXIS 2355 (Miss. 1987).

§ 37-7-301.1. Local school districts granted home rule.

The school board of a school district may adopt any orders, resolutions or ordinances with respect to school district affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi. Except as otherwise provided in this section, the powers granted to the school boards in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi. Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize a school board to: (a) levy taxes of any kind or increase the levy of any authorized tax; (b) issue bonds of any kind; or (c) enter into collective bargaining agreements.

HISTORY: Laws, 2006, ch. 417, § 1; Laws, 2006, ch. 504, § 5; reenacted without change, Laws, 2009, ch. 345, § 8, eff from and after June 30, 2009.

Editor’s Notes —

Laws of 2006, ch. 417, § 1, effective from and after July 1, 2006 (approved March 15, 2006), contained identical language to this section and also was directed to be codified as Section 37-7-301.1. The version contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here because it is the latest expression of legislative intent, as determined by the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Laws of 2006, ch. 504, § 1(1), codified as §37-161-1(1), provides as follows:

“SECTION 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

This section was reenacted without change by Laws of 2009, ch. 345, § 8, effective from and after June 30, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

Cross References —

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

§ 37-7-302. Borrowing of funds for removal of asbestos.

The board of trustees of any school district shall be authorized to borrow such funds as may be reasonable and necessary from the federal government, the State of Mississippi or any political subdivision or entity thereof, or any other governmental agency, from any individual, partnership, nonprofit corporation or private for-profit corporation, to aid such school districts in asbestos removal, to be repaid out of any non-minimum program funds; provided, however, that the grant of authority shall in no way be construed to require said boards of trustees to remove asbestos material or substances from any facilities under their control, nor shall there be any liability to said school districts or boards for the failure to so remove such asbestos materials. All indebtedness incurred under the provisions of this section shall be evidenced by the negotiable notes or certificates of indebtedness of the school district on whose behalf the money is borrowed. Said notes or certificates of indebtedness of the school district on whose behalf the money is borrowed shall be signed by the president of the school board and superintendent of schools of such school district. Such notes or certificates of indebtedness shall not bear a greater overall maximum interest rate to maturity than the rates now or hereafter authorized under the provisions of Section 19-9-19. No such notes or certificates of indebtedness shall be issued and sold for less than par and accrued interest. All notes or certificates of indebtedness shall mature in approximately equal installments of principal and interest over a period not to exceed twenty (20) years from the dates of the issuance thereof. Principal and interest shall be payable in such manner as may be determined by the school board. Such notes or certificates of indebtedness shall be issued in such form and in such denominations as may be determined by the school board and same may be made payable at the office of any bank or trust company selected by the school board and, in such case, funds for the payment of principal and interest due thereon shall be provided in the same manner provided by law for the payment of the principal and interest due on bonds issued by the taxing districts of this state.

HISTORY: Laws, 1989, ch. 585, § 7, effective April 25, 1989 (became law without the Governor’s signature).

Editor’s Notes —

Laws of 1989, ch. 585, § 9, provides as follows:

“SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.”

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this section, see §37-61-33.

Accreditation and certification of persons involved in identifying, evaluating and abating the hazard of asbestos-containing material in public and private elementary and secondary school buildings, see §§37-138-1 et seq.

§ 37-7-303. Obtaining of insurance on school property; workers’ compensation insurance.

  1. The school board of any school district may insure motor vehicles for any hazard that the board may choose, and shall insure the school buildings, equipment and other school property of the district against any and all hazards that the board may deem necessary to provide insurance against. In addition, the local school board of any school district shall purchase and maintain business property insurance and business personal property insurance on all school district-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The school district is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The school district is authorized to enter into agreements with the Department of Finance and Administration, other local school districts, community/junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration. Such school board shall be authorized to contract for such insurance for a term of not exceeding five (5) years and to obligate the district for the payment of the premiums thereon. When necessary, the school board is authorized and empowered, in its discretion, to borrow money payable in annual installments for a period of not exceeding five (5) years at a rate of interest not exceeding eight percent (8%) per annum to provide funds to pay such insurance premiums. The money so borrowed and the interest thereon shall be payable from any school funds of the district other than minimum education program funds. The school boards of school districts are further authorized and empowered, in all cases where same may be necessary, to bring and maintain suits and other actions in any court of competent jurisdiction for the purpose of collecting the proceeds of insurance policies issued upon the property of such school district.
  2. Two (2) or more school districts, together with other educational entities or agencies, may agree to pool their liabilities to participate in a group workers’ compensation program. The governing authorities of any school board or other educational entity or agency may authorize the organization and operation of, or the participation in such a group self-insurance program with other school boards and educational entities or agencies, subject to the requirements of Section 71-3-5. The Workers’ Compensation Commission shall approve such group self-insurance programs subject to uniform rules and regulations as may be adopted by the commission applicable to all groups.

HISTORY: Codes, 1942, § 6328-26; Laws, 1953, Ex Sess, ch. 17, § 6; Laws, 1960, ch. 370; Laws, 1986, ch. 492, § 10; Laws, 1993, ch. 562, § 2; Laws, 2005, 5th Ex Sess, ch. 24, § 4, eff from and after passage (approved Oct. 24, 2005.).

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 24, rewrote (1).

Cross References —

Placing of insurance on county property by county board of supervisors, see §19-7-7.

Liability insurance to cover official actions of public school boards of education, see §37-7-319.

Giving of rewards in cases of destruction of state-supported school buildings, see §83-1-35.

OPINIONS OF THE ATTORNEY GENERAL

Individual school district acting alone which desires to participate in liability pool is not required to advertise for bids; liability coverage provided by Mississippi Public Entity Workers’ Compensation pool is not subject to provisions of 37-7-303(2). Wallace, Oct. 2, 1992, A.G. Op. #92-0749.

A school district has the authority to participate in the Mississippi Municipal Workers’ Compensation Group, a liability pool created for participation by various political subdivisions, as long as it was created pursuant to Section 71-3-5. Seal, Aug. 29, 2003, A.G. Op. 03-0415.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 99.

§ 37-7-304. Repealed.

Repealed by its own terms by Laws, 1992, ch. 491 § 15, eff from and after October 1, 1993.

[Laws, 1973, ch. 477, § 1; Repealed, Laws, 1984, ch. 495, § 36, and Laws, 1984, 1st Ex Sess, ch. 8, § 3; Laws, 1985, ch. 474, § 41; Laws, 1986, ch. 438, § 13; Laws, 1986, ch. 492, § 11; Laws, 1987, ch. 483, § 18; Laws, 1988, ch. 442, § 15; Laws, 1989, ch. 537, § 14; Laws, 1990, ch. 518, § 15; Laws, 1991, ch. 618, § 14; Laws, 1992, ch. 491 § 15]

Editor’s Notes —

Former §37-7-304 related to obtaining of liability insurance on vehicles.

§ 37-7-305. Leasing of lands for minerals.

The school board of any school district is hereby authorized and empowered, in its discretion, to lease lands owned by the school district, or any land the title to which is in the school board of the district in their trust capacity, for oil, gas and mineral exploration and development upon such terms and conditions and for such considerations as the school board, in its discretion, shall deem proper and advisable. However, no oil, gas or mineral lease shall be for a primary term of more than ten (10) years and said lease or leases shall provide for annual rentals of not less than One Dollar ($1.00) per acre and shall provide for royalties of not less than three-sixteenths (3/16ths) of all oil, gas and other minerals produced, including sulphur. Every such lease so executed shall empower the lessee to enter upon the premises leased and to explore and develop such premises for oil or gas, or either, or for such other minerals as may be included in the terms of said lease, and to do all things necessary or expedient for the production or preservation of any such products. All rentals, royalties or other revenue payable under any lease executed under the provisions of this section shall be paid to and collected by the school board of the school district and shall be deposited in the school district fund and used and expended in the same manner and subject to the same restrictions as provided by law in the case of other money on deposit in such fund. All leases executed pursuant to this section shall inure to the benefit of the lessee named therein and his heirs or assigns and in case the lessee be a corporation, to such lessee and its assigns. Said leases shall specifically provide that no damages shall be permitted to existing school buildings or facilities thereto.

HISTORY: Codes, 1942, § 6328-27; Laws, 1953, Ex Sess, ch. 17, § 7; Laws, 1986, ch. 492, § 12, eff from and after July 1, 1987.

Cross References —

Oil, gas and mineral leases of lands belonging to agricultural high schools, see §37-27-29.

Oil, gas and mineral leases of land belonging to junior colleges, see §37-29-73.

Agreements for co-operative development and operation of certain common accumulations of oil and gas under leases by public officers, see §53-3-51.

OPINIONS OF THE ATTORNEY GENERAL

This section controlled with regard to a lease of oil, gas and mineral rights in nonsixteenth section lands owned by a school district; however, the school board was charged with securing fair market value in the bonus paid and rental charged for the lease in order to avoid a donation of state lands in violation of Article 4, Section 95, Mississippi Constitution of 1890. Caves, March 12, 1999, A.G. Op. #99-0110.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 110 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 761, 763.

§ 37-7-306. Training and education requirements.

  1. Every school board member selected after July 1, 2002, shall have a high school diploma or its equivalent.
  2. Every school board member selected after July 1, 1993, shall be required to complete a basic course of training and education for local school board members, in order for board members to carry out their duties more effectively and be exposed to new ideas involving school restructuring. Such basic course of training shall be conducted by the Mississippi School Boards Association. Upon completion of the basic course of training, the Mississippi School Boards Association shall file a certificate of completion for the school board member with the office of the local school board. In the event that a board member fails to complete such training within six (6) months of his selection, such board member shall no longer be qualified to serve and shall be removed from office.
  3. In addition to meeting the requirements of subsection (2) of this section, after taking office, each school board member shall be required to file annually in the office of the school board a certificate of completion of a course of continuing education conducted by the Mississippi School Boards Association. In addition, those board members required to attend the additional training as provided in Section 37-3-4(5)(c) shall be required to comply with the annual certification provided herein for such additional training.
  4. Every school board member selected after July 1, 2002, shall spend at least one (1) full day in a school in the district they represent, without compensation.
  5. Upon the failure of any local school board member to file with the school board the certificate of completion of the basic or continuing course of training as provided in subsection (2) or (3) of this section, or the additional training as required in Section 37-3-4(5)(c), the school board member shall be removed from office by the Attorney General. In the event of a medical or other catastrophic hardship that prevents such school board member from obtaining the required training or filing such certificate, as may be defined by the Board of Directors of the Mississippi School Boards Association by rule and regulation, an additional period of three (3) months may be allowed to satisfy the requirements of subsection (2) or (3).

HISTORY: Laws, 1991, ch. 502, § 11; Laws, 1993, ch. 562, § 3; Laws, 1998, ch. 564, § 2; Laws, 2000, ch. 533, § 7; Laws, 2000, ch. 610, §§ 5, 7; Laws, 2002, ch. 611, § 5; Laws, 2006, ch. 334, § 2; Laws, 2006, ch. 335, § 2; Laws, 2008, ch. 338, § 2, eff from and after July 1, 2008.

Joint Legislative Committee Note —

Section 2 of ch. 334, Laws of 2006, effective from and after July 1, 2006 (approved March 9, 2006), amended this section. Section 2 of ch. 335, Laws of 2006, effective from and after July 1, 2006 (approved March 13, 2006), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 335, Laws of 2006, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1991, ch. 502, § 11, on July 9, 1991.

On July 13, 1998, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1998, ch. 564, § 2.

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the amendments to this section made by Laws of 2000, ch. 533, § 7. This section is set out above as amended by Laws of 2000, ch. 610, § 5.

The United States Attorney General, by letter dated July 28, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2000, ch. 610, § 5.

Amendment Notes —

The first 2000 amendment (ch. 533) added present (1) and (4) and redesignated the remaining subsections accordingly; substituted “subsection (2) ” for “subsection (1) ” in (3) and (5); and added “by the Attorney General ” at the end of (5).

The second 2000 amendment (ch. 610) repealed the amendments to the section made by Laws, 2000, ch. 533, § 7; added present (1) and (4) and redesignated the remaining subsections accordingly; added “the community/junior colleges, the state institutions of higher learning or other organizations approved by the State Board of Education ” at the end of present (3); and rewrote present (5).

The 2002 amendment, in (2), deleted “or six (6) months from April 15, 1993” following “within six (6) months of his selection”; and in (3), deleted “the community/junior colleges, the state institutions of higher learning or other organizations approved by the State Board of Education” following “Mississippi School Boards Association.”

The first 2006 amendment (ch. 334), in (2), rewrote the second sentence, and substituted “Mississippi School Boards Association” for “School Executive Management Institute” in the third sentence; and in the last sentence of (5), substituted “Board of Directors of the Mississippi School Boards Association” for “State Board of Education.”

The second 2006 amendment (ch. 335), made the same changes as those in Laws of 2006, ch. 334, § 2.

The 2008 amendment added the last sentence of (3); and inserted “or the additional training as required in Section 37-3-4(5)(c) in the first sentence of (5).

OPINIONS OF THE ATTORNEY GENERAL

Training is a prerequisite to taking office as a local school board member. Thompson, Oct. 30, 1991, A.G. Op. #91-0795.

Individual need not comply with filing requirements as a prerequisite to qualifying as a candidate; however, if the individual has not previously filed the required certificate of completion with the circuit clerk, he would be required to do so in order to be eligible to be sworn into office or exercise any functions of the office. Hart, Feb. 20, 1992, A.G. Op. #91-0105.

If newly appointed school board member fails to file certificate of training within six months from commencement of term of office, vacancy will be declared. Gex, March 4, 1992, A.G. Op. #92-0151.

Candidate must possess high school diploma or GED equivalent before he enters duties of office but is not required to have same to qualify as candidate. Union County Election Commission, Sept. 30, 1992, A.G. Op. #92-0779.

Specific language of Miss. Code Section 37-7-306 (1) provides that prerequisite requirement of high school education or GED equivalent only applies to individuals elected to school board for full term; therefore, individual elected to serve only remainder of term is not subject to this requirement. Jones, May 26, 1993, A.G. Op. #93-0368.

School board member selected under statute with term of office commencing January 1, 1993 who had not received training by June 31, 1993 would not be removed from office because pursuant to House Bill 1441 [Laws of 1993, ch. 562, § 3], period for training was reset to begin April 15, 1993 and therefore such an individual would have six months from April 15 in which to obtain the required training. Bradley, July 29, 1993, A.G. Op. #93-0530.

Most agricultural high schools have been subsumed into community college systems which administer them; therefore, members of community college board who operate agricultural high school are not required to attend training sessions required for school board members of local school districts; only agricultural high school operated by board of trustees independent of community college would be required to meet training requirements of Section 37-7-306. Bradley Sept. 9, 1993, A.G. Op. #93-0643.

School board members must receive six hours of continuing education training during the 2004-2005 school year. Chaney, Aug. 6, 2004, A.G. Op. 04-0334.

The Mississippi School Boards Association has the authority to charge an amount equal to the actual cost of training for continuing education for school board members. Chaney, Aug. 6, 2004, A.G. Op. 04-0334.

§ 37-7-307. Regulation of leaves for licensed and nonlicensed employees; employment of substitute teachers; donations of leave to other employees; accumulated leave; conversion of certain vacation days to sick leave; definitions [Effective until July 1, 2019].

  1. For purposes of this section, the term “licensed employee” means any employee of a public school district required to hold a valid license by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.
  2. The school board of a school district shall establish by rules and regulations a policy of sick leave with pay for licensed employees and teacher assistants employed in the school district, and such policy shall include the following minimum provisions for sick and emergency leave with pay:
    1. Each licensed employee and teacher assistant, at the beginning of each school year, shall be credited with a minimum sick leave allowance, with pay, of seven (7) days for absences caused by illness or physical disability of the employee during that school year.
    2. Any unused portion of the total sick leave allowance shall be carried over to the next school year and credited to such licensed employee and teacher assistant if the licensed employee or teacher assistant remains employed in the same school district. In the event any public school licensed employee or teacher assistant transfers from one public school district in Mississippi to another, any unused portion of the total sick leave allowance credited to such licensed employee or teacher assistant shall be credited to such licensed employee or teacher assistant in the computation of unused leave for retirement purposes under Section 25-11-109. Accumulation of sick leave allowed under this section shall be unlimited.
    3. No deduction from the pay of such licensed employee or teacher assistant may be made because of absence of such licensed employee or teacher assistant caused by illness or physical disability of the licensed employee or teacher assistant until after all sick leave allowance credited to such licensed employee or teacher assistant has been used.
    4. For the first ten (10) days of absence of a licensed employee because of illness or physical disability, in any school year, in excess of the sick leave allowance credited to such licensed employee, there shall be deducted from the pay of such licensed employee the established substitute amount of licensed employee compensation paid in that local school district, necessitated because of the absence of the licensed employee as a result of illness or physical disability. In lieu of deducting the established substitute amount from the pay of such licensed employee, the policy may allow the licensed employee to receive full pay for the first ten (10) days of absence because of illness or physical disability, in any school year, in excess of the sick leave allowance credited to such licensed employee. Thereafter, the regular pay of such absent licensed employee shall be suspended and withheld in its entirety for any period of absence because of illness or physical disability during that school year.
    1. Beginning with the school year 1983-1984, each licensed employee at the beginning of each school year shall be credited with a minimum personal leave allowance, with pay, of two (2) days for absences caused by personal reasons during that school year. Effective for the 2010-2011 and 2011-2012 school years, licensed employees shall be credited with an additional one-half (1/2) day of personal leave for every day the licensed employee is furloughed without pay as provided in Section 37-7-308. Except as otherwise provided in paragraph (b) of this subsection, such personal leave shall not be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday. Personal leave may be used for professional purposes, including absences caused by attendance of such licensed employee at a seminar, class, training program, professional association or other functions designed for educators. No deduction from the pay of such licensed employee may be made because of absence of such licensed employee caused by personal reasons until after all personal leave allowance credited to such licensed employee has been used. However, the superintendent of a school district, in his discretion, may allow a licensed employee personal leave in addition to any minimum personal leave allowance, under the condition that there shall be deducted from the salary of such licensed employee the actual amount of any compensation paid to any person as a substitute, necessitated because of the absence of the licensed employee. Any unused portion of the total personal leave allowance up to five (5) days shall be carried over to the next school year and credited to such licensed employee if the licensed employee remains employed in the same school district. Any personal leave allowed for a furlough day shall not be carried over to the next school year.
    2. Notwithstanding the restrictions on the use of personal leave prescribed under paragraph (a) of this subsection, a licensed employee may use personal leave as follows:
      1. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, an immediate family member of the employee is being deployed for military service.
      2. Personal leave may be taken on a day previous to a holiday or a day after a holiday if an employee of a school district has either a minimum of ten (10) years experience as an employee of that school district or a minimum of thirty (30) days of unused accumulated leave that has been earned while employed in that school district.
      3. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, the employee has been summoned to appear for jury duty or as a witness in court.
  4. Beginning with the school year 1992-1993, each licensed employee shall be credited with a professional leave allowance, with pay, for each day of absence caused by reason of such employee’s statutorily required membership and attendance at a regular or special meeting held within the State of Mississippi of the State Board of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, the Commission on School Accreditation, the Mississippi Authority for Educational Television, the meetings of the state textbook rating committees or other meetings authorized by local school board policy.
  5. Upon retirement from employment, each licensed and nonlicensed employee shall be paid for not more than thirty (30) days of unused accumulated leave earned while employed by the school district in which the employee is last employed. Such payment for licensed employees shall be made by the school district at a rate equal to the amount paid to substitute teachers and for nonlicensed employees, the payment shall be made by the school district at a rate equal to the federal minimum wage. The payment shall be treated in the same manner for retirement purposes as a lump-sum payment for personal leave as provided in Section 25-11-103(e). Any remaining lawfully credited unused leave, for which payment has not been made, shall be certified to the Public Employees’ Retirement System in the same manner and subject to the same limitations as otherwise provided by law for unused leave. No payment for unused accumulated leave may be made to either a licensed or nonlicensed employee at termination or separation from service for any purpose other than for the purpose of retirement.
  6. The school board may adopt rules and regulations which will reasonably aid to implement the policy of sick and personal leave, including, but not limited to, rules and regulations having the following general effect:
    1. Requiring the absent employee to furnish the certificate of a physician or dentist or other medical practitioner as to the illness of the absent licensed employee, where the absence is for four (4) or more consecutive school days, or for two (2) consecutive school days immediately preceding or following a nonschool day;
    2. Providing penalties, by way of full deduction from salary, or entry on the work record of the employee, or other appropriate penalties, for any materially false statement by the employee as to the cause of absence;
    3. Forfeiture of accumulated or future sick leave, if the absence of the employee is caused by optional dental or medical treatment or surgery which could, without medical risk, have been provided, furnished or performed at a time when school was not in session;
    4. Enlarging, increasing or providing greater sick or personal leave allowances than the minimum standards established by this section in the discretion of the school board of each school district.
  7. School boards may include in their budgets provisions for the payment of substitute employees, necessitated because of the absence of regular licensed employees. All such substitute employees shall be paid wholly from district funds, except as otherwise provided for long-term substitute teachers in Section 37-19-20. Such school boards, in their discretion, also may pay, from district funds other than adequate education program funds, the whole or any part of the salaries of all employees granted leaves for the purpose of special studies or training.
  8. The school board may further adopt rules and regulations which will reasonably implement such leave policies for all other nonlicensed and hourly paid school employees as the board deems appropriate. Effective for the 2010-2011 and 2011-2012 school years, nonlicensed employees shall be credited with an additional one-half (1/2) day of personal leave for every day the nonlicensed employee is furloughed without pay as provided in Section 37-7-308.
  9. Vacation leave granted to either licensed or nonlicensed employees shall be synonymous with personal leave. Unused vacation or personal leave accumulated by licensed employees in excess of the maximum five (5) days which may be carried over from one year to the next may be converted to sick leave. The annual conversion of unused vacation or personal leave to sick days for licensed or unlicensed employees shall not exceed the allowable number of personal leave days as provided in Section 25-3-93. The annual total number of converted unused vacation and/or personal days added to the annual unused sick days for any employee shall not exceed the combined allowable number of days per year provided in Sections 25-3-93 and 25-3-95. Local school board policies that provide for vacation, personal and sick leave for employees shall not exceed the provisions for leave as provided in Sections 25-3-93 and 25-3-95. Any personal or vacation leave previously converted to sick leave under a lawfully adopted policy before May 1, 2004, or such personal or vacation leave accumulated and available for use prior to May 1, 2004, under a lawfully adopted policy but converted to sick leave after May 1, 2004, shall be recognized as accrued leave by the local school district and available for use by the employee. The leave converted under a lawfully adopted policy prior to May 1, 2004, or such personal and vacation leave accumulated and available for use as of May 1, 2004, which was subsequently converted to sick leave may be certified to the Public Employees’ Retirement System upon termination of employment and any such leave previously converted and certified to the Public Employees’ Retirement System shall be recognized.
    1. For the purposes of this subsection, the following words and phrases shall have the meaning ascribed in this paragraph unless the context requires otherwise:
      1. “Catastrophic injury or illness” means a life-threatening injury or illness of an employee or a member of an employee’s immediate family that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the local school district for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic.
      2. “Immediate family” means spouse, parent, stepparent, sibling, child or stepchild.
    2. Any school district employee may donate a portion of his or her unused accumulated personal leave or sick leave to another employee of the same school district who is suffering from a catastrophic injury or illness or who has a member of his or her immediate family suffering from a catastrophic injury or illness, in accordance with the following:
      1. The employee donating the leave (the “donor employee”) shall designate the employee who is to receive the leave (the “recipient employee”) and the amount of unused accumulated personal leave and sick leave that is to be donated, and shall notify the school district superintendent or his designee of his or her designation.
      2. The maximum amount of unused accumulated personal leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of personal leave remaining, and the maximum amount of unused accumulated sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the unused accumulated sick leave of the donor employee.
      3. An employee must have exhausted all of his or her available leave before he or she will be eligible to receive any leave donated by another employee. Eligibility for donated leave shall be based upon review and approval by the donor employee’s supervisor.
      4. Before an employee may receive donated leave, he or she must provide the school district superintendent or his designee with a physician’s statement that states that the illness meets the catastrophic criteria established under this section, the beginning date of the catastrophic injury or illness, a description of the injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work.
      5. Before an employee may receive donated leave, the superintendent of education of the school district shall appoint a review committee to approve or disapprove the said donations of leave, including the determination that the illness is catastrophic within the meaning of this section.
      6. If the total amount of leave that is donated to any employee is not used by the recipient employee, the whole days of donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees.
      7. Donated leave shall not be used in lieu of disability retirement.

HISTORY: Codes, 1942, § 6328-28; Laws, 1953, Ex Sess, ch. 17, § 8; Laws, 1978, ch. 513, § 1, 1982, ch. 491; Laws, 1986, ch. 492, § 13; Laws, 1986, ch. 493; Laws, 1987, ch. 307, § 5, 1992, ch. 450, § 1; Laws, 1994, ch. 623, § 1; Laws, 1995, ch. 586, § 1; Laws, 1996, ch. 548, § 1; Laws, 1998, ch. 580, § 1; Laws, 1999, ch. 561, § 2; Laws, 2003, ch. 458, § 1; Laws, 2003, ch. 546, § 1; Laws, 2004, ch. 480, § 1; Laws, 2005, ch. 354, § 1; Laws, 2010, ch. 486, § 3; Laws, 2012, ch. 463, § 1; Laws, 2012, ch. 543, § 7; Laws, 2015, ch. 341, § 1, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 1 of ch. 458, Laws of 2003, effective July 1, 2003 (approved March 23, 2003), amended this section. Section 1 of ch. 546, Laws of 2003, effective July 1, 2003 (approved April 22, 2003), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 546, Laws of 2003, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in the fourth sentence of (a), substituting “May 1, 2004” for “the effective date of Senate Bill No. 2297, 2004 Regular Session.”

Section 7 of ch. 543, Laws of 2012, effective from and after July 1, 2012 (approved May 22, 2012), amended this section. Section 1 of ch. 463, Laws of 2012, effective July 1, 2012 (approved April 23, 2012), also amended this section. As set out above, this section reflects the language of Section 7 of ch. 543, Laws of 2012, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date supersedes all other amendments to the same section approved on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. In (10)(b)(v), the word “within” was substituted for “with.” The Joint Committee ratified the correction at its August 16, 2012, meeting.

Editor’s Notes —

Section 37-19-20 referred to in (7) was repealed by Laws of 2002, ch. 551 § 6, effective from and after July 1, 2002.

Amendment Notes —

The 1999 amendment inserted “except as otherwise provided for long-term substitute teachers in Section 37-19-20” in (7).

The first 2003 amendment (ch. 458) added “and teacher assistants” and “or teacher assistant” throughout the section; in (3) added last sentence.

The second 2003 amendment (ch. 546) rewrote the section.

The 2004 amendment rewrote the section to include teacher assistants, payment of accumulated leave for retirement, conversion of some vacation days to sick leave and expansion of the definition of catastrophic illness.

The 2005 amendment added “unless on such days an immediate family member of the employee is being deployed for military service” at the end of the first sentence of (3); rewrote (9) to revise the determination of the annual conversion of unused vacation or personal leave to sick leave for licensed or unlicensed school employees, and to recognize leave accumulated under previous policy; and substituted “local school district” for “state” in (10)(a)(i).

The 2010 amendment, in (3), added the second and last sentences; and added the last sentence in (8).

The first 2012 amendment (ch. 463), added the second sentence in (2); and made minor stylistic changes.

The second 2012 amendment (ch. 543), in (2)(d), substituted “shall be deducted” for “may be deducted” in the first sentence, inserted the second sentence, and substituted “shall be suspended” for “may be suspended” in the last sentence; deleted “or another” following “same” in the introductory paragraph of (10)(b); inserted “that the illness meets the catastrophic criteria established under this section” in (10)(b)(iv); and added (10)(b)(v) and redesignated former (10)(b)(v) and (vi) and (10)(b)(vi) and (vii), respectively.

The 2015 amendment, in the third sentence of (3)(a), added the exception at the beginning, and deleted “unless on such days an immediate family member of the employee is being deployed for military service” from the end; and added (3)(b).

Cross References —

Public Employees’ Retirement System generally, see §§25-11-101 et seq.

Substitute-teaching by retired school teachers over seventy years of age, see §25-11-127.

Mississippi State Board of Education generally, see §§37-1-1 et seq.

Commission on Teacher and Administrator Education, Certification and Licensure and Development created, see §37-3-2.

Commission on School Accreditation created, see §37-17-3.

Mississippi authority for educational television generally, see §§37-63-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Since the Constitution requires a full-time school teacher be a member of the State board of education, there should be no impediment to this service. It follows that the local school board should use its discretion to allow the teacher chosen as much freedom as possible to carry out the duties and responsibilities of this position. Davis, Oct. 31, 1991, A.G. Op. #91-0815.

No penalty should attach itself directly or indirectly to the appointee to this constitutional board. Davis, Oct. 31, 1991, A.G. Op. #91-0815.

School district may establish a procedure whereby an individual teacher may petition the school board for a grant of additional sick leave due to exceptional circumstances. Ellis, May 8, 1992, A.G. Op. #92-0342.

Sick leave is personal to teacher and there appears to be no method authorizing transfer of sick leave from one employee to another, although pursuant to Section 37-7-307 subsection (5)(d) district may establish procedure wherein an individual teacher may petition board for grant of additional sick leave under exceptional circumstances. Atkinson, Feb. 3, 1994, A.G. Op. #94-0040.

Any unused leave for which payment is not received will be applied to creditable service in accordance with Section 25-11-103(h). Such authorization would be effective for payment of unused leave to the person designated by such employee for this purpose, or, in the absence of such designation, to the beneficiary of such employee, or to the estate, in the event of the death of the employee prior to retirement. Walker, May 11, 1995, A.G. Op. #95-0319.

The statute allows leave to be donated for catastrophic injury or illness, but does not allow for the donation of leave in the event of death. Bordis, October 16, 1998, A.G. Op. #98-0562.

The estate of a deceased employee may not donate unused accumulated sick leave or personal leave to another district employee. Bordis, October 16, 1998, A.G. Op. #98-0562.

“Immediate family,” as defined in subsection (9)(ii) does not include a grandchild. Bordis, October 16, 1998, A.G. Op. #98-0562.

Although there is no authority to establish a scholarship program within the Jackson Public School District to reimburse teachers one-half of the tuition cost of gaining certification in library science, the authority granted in subsection (7) of this section could be used to help effect such purpose. Sargent, April 2, 1999, A.G. Op. #99-0122.

Because this section does not differentiate between sick leave or personal leave, an employee may, upon retirement from employment, be paid for up to 30 days total sick and/or personal leave; this payment can be made only in cases where the employee makes a complete severance of employment in state service and makes application for retirement benefits following separation. Cartier, June 4, 1999, A.G. Op. #99-0244.

A county school district did not have authority to pay a teacher for unused accumulated leave as the statute in effect at the time the teacher resigned did not provide for payment of unused accumulated leave to certificated employees. Chaney, Jr., May 1, 2000, A.G. Op. #2000-0191.

A school board cannot pay a retiring licensed employee at the employee’s daily rate of pay rather than the substitute teacher rate of pay. McAlpin, July 14, 2000, A.G. Op. #2000-0354.

A county school district may enact a policy that allows an employee two days leave in the following year if the employee has perfect attendance in the previous year. Ball, Nov. 19, 2000, A.G. Op. #2000-0650.

The statute applies to administrative/supervisory employees of the school district, as these employees must either be classified as licensed or non-licensed employees. Harral, June 21, 2002, A.G. Op. #02-0236.

Whether to permit pro-rata, incremental deductions of leave is within the discretion of the school district board and exercise of that discretion should be evidenced by the board in it’s rules and regulations implementing sick and personal leave policies. Smith, Nov. 15, 2002, A.G. Op. #02-0615.

A school board cannot pay a retiring administrator at the board’s substitute administrator rate of pay rather than the substitute teacher rate of pay. Marro, July 7, 2003, A.G. Op. 03-0335.

If a school district has a policy which provides for an individual to be paid for any accrued leave upon death or termination of employment, the district may make payment for that unused, uncompensated leave to the employee upon termination of employment, and, in the event of the death, such payment may be made to the person designated by such employee prior to employee’s death. Adams, Oct. 3, 2003, A.G. Op. 03-0468.

Subdivision (6)(d) of this section provides the authority to a school board to adopt a policy which would allow for the payment of unused accrued personal or sick leave to employees who leave service for reasons other than retirement. While subsection (5) limits the rate of pay for the lump sum payment upon retirement to either the substitute teacher rate of pay or the federal minimum wage, any policy adopted by local school boards for employees leaving service for reasons other than retirement would not be so limited, and could allow employees to receive a lump sum payment calculated at their regular rate of pay, and for any number of days as determined by the school board. This opinion clarifies Adams, Oct. 3, 2003, A.G. Op. 03-0468. Ready, Mar. 26, 2004, A.G. Op. 03-0644.

Subsection (6) of this section authorizes expansion of sick and personal leave allowances, but does not grant any authority to local school districts to create any additional types of leave. Further, only sick and personal leave are certifiable to PERS for creditable service upon retirement. Opinion clarifies Adams, Oct. 3, 2003, A.G. Op. 03-0468. Ready, Mar. 26, 2004, A.G. Op. 03-0644.

The specific limitation of subsection (3) of this section detailing how much time may be carried over and under what circumstances it may be carried over is controlling. Opinion clarifies Adams, Oct. 3, 2003, A.G. Op. 03-0468. Ready, Mar. 26, 2004, A.G. Op. 03-0644.

No authority exists for a school district to enact a policy authorizing employees to convert accumulated personal leave to sick leave for purposes of certification to PERS for additional service credit. Opinion clarifies Adams, Oct. 3, 2003, A.G. Op. 03-0468. Ready, Mar. 26, 2004, A.G. Op. 03-0644.

The board of trustees of a local school district must make a determination on a case-by-case basis as to whether an employee’s particular illness is a condition which meets the statutory definition of “catastrophic injury or illness.” Cox, July 22, 2005, A.G. Op. 05-0499.

As a result of the 2005 amendment to Section 37-7-307, a school district may not maintain its existing leave policy that exceeds the combined personal and sick leave policy for state employees. The amendment supercedes McAlpin, July 31, 1995, A.G. Op. 95-0405. Chaney, Aug. 12, 2005, A.G. Op. 05-0367.

A school board policy that grants a “bonus” day of personal leave for perfect attendance for both licensed and non-licensed employees is permissible under Section 37-7-307 and would not violate Miss. Const. Art. 4, § 96, as long as the extra leave does not cause the total amount of leave granted to the employees to exceed the limitations of Section 37-7-307(9). Jacks, Dec. 27, 2005, A.G. Op. 05-0600.

A school district may implement a leave policy which pays part-time hourly employees for leave taken in recognition of a federal holiday if the holidays granted do not exceed those permitted by the state and if the policy is applied consistently to all part-time hourly employees. Chaney, Feb. 2, 2006, A.G. Op. 04-0646.

A serious and complicated pregnancy that totally incapacitates an employee from work may be determined to be “catastrophic illness,” as defined by Section 37-7-307(10)(a)(I). Elliot, Feb. 10, 2006, A.G. Op. 06-0032.

RESEARCH REFERENCES

ALR.

Who is eligible employee under § 101(2) of family and medical leave act (29 U.S.C.S. § 2611(2)). 166 A.L.R. Fed. 569.

Adequacy of notice to employer of need for leave under Federal Family and Medical Leave Act of 1993. 184 A.L.R. Fed. 171.

Am. Jur.

67B Am. Jur. 2d, Schools § 200.

16A Am. Jur. Legal Forms 2d, Schools §§ 229:253 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 461, 522, 531.

§ 37-7-307. Regulation of leaves for licensed and nonlicensed employees; employment of substitute teachers; donations of leave to other employees; accumulated leave; conversion of certain vacation days to sick leave; definitions [Effective July 1, 2019; Effective until July 1, 2019].

  1. For purposes of this section, the term “licensed employee” means any employee of a public school district required to hold a valid license by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.
  2. The school board of a school district shall establish by rules and regulations a policy of sick leave with pay for licensed employees and teacher assistants employed in the school district, and such policy shall include the following minimum provisions for sick and emergency leave with pay:
    1. Each licensed employee and teacher assistant, at the beginning of each school year, shall be credited with a minimum sick leave allowance, with pay, of seven (7) days for absences caused by illness or physical disability of the employee during that school year.
    2. Any unused portion of the total sick leave allowance shall be carried over to the next school year and credited to such licensed employee and teacher assistant if the licensed employee or teacher assistant remains employed in the same school district. In the event any public school licensed employee or teacher assistant transfers from one public school district in Mississippi to another, any unused portion of the total sick leave allowance credited to such licensed employee or teacher assistant shall be credited to such licensed employee or teacher assistant in the computation of unused leave for retirement purposes under Section 25-11-109. Accumulation of sick leave allowed under this section shall be unlimited.
    3. No deduction from the pay of such licensed employee or teacher assistant may be made because of absence of such licensed employee or teacher assistant caused by illness or physical disability of the licensed employee or teacher assistant until after all sick leave allowance credited to such licensed employee or teacher assistant has been used.
    4. For the first ten (10) days of absence of a licensed employee because of illness or physical disability, in any school year, in excess of the sick leave allowance credited to such licensed employee, there shall be deducted from the pay of such licensed employee the established substitute amount of licensed employee compensation paid in that local school district, necessitated because of the absence of the licensed employee as a result of illness or physical disability. In lieu of deducting the established substitute amount from the pay of such licensed employee, the policy may allow the licensed employee to receive full pay for the first ten (10) days of absence because of illness or physical disability, in any school year, in excess of the sick leave allowance credited to such licensed employee. Thereafter, the regular pay of such absent licensed employee shall be suspended and withheld in its entirety for any period of absence because of illness or physical disability during that school year.
    1. Beginning with the school year 1983-1984, each licensed employee at the beginning of each school year shall be credited with a minimum personal leave allowance, with pay, of two (2) days for absences caused by personal reasons during that school year. Effective for the 2010-2011 and 2011-2012 school years, licensed employees shall be credited with an additional one-half (1/2) day of personal leave for every day the licensed employee is furloughed without pay as provided in Section 37-7-308. Except as otherwise provided in paragraph (b) of this subsection, such personal leave shall not be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday. Personal leave may be used for professional purposes, including absences caused by attendance of such licensed employee at a seminar, class, training program, professional association or other functions designed for educators. No deduction from the pay of such licensed employee may be made because of absence of such licensed employee caused by personal reasons until after all personal leave allowance credited to such licensed employee has been used. However, the superintendent of a school district, in his discretion, may allow a licensed employee personal leave in addition to any minimum personal leave allowance, under the condition that there shall be deducted from the salary of such licensed employee the actual amount of any compensation paid to any person as a substitute, necessitated because of the absence of the licensed employee. Any unused portion of the total personal leave allowance up to five (5) days shall be carried over to the next school year and credited to such licensed employee if the licensed employee remains employed in the same school district. Any personal leave allowed for a furlough day shall not be carried over to the next school year.
    2. Notwithstanding the restrictions on the use of personal leave prescribed under paragraph (a) of this subsection, a licensed employee may use personal leave as follows:
      1. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, an immediate family member of the employee is being deployed for military service.
      2. Personal leave may be taken on a day previous to a holiday or a day after a holiday if an employee of a school district has either a minimum of ten (10) years’ experience as an employee of that school district or a minimum of thirty (30) days of unused accumulated leave that has been earned while employed in that school district.
      3. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, the employee has been summoned to appear for jury duty or as a witness in court.
      4. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, an immediate family member of the employee dies or funeral services are held. Any day of the three (3) bereavement days may be used at the discretion of the teacher, and are not required to be taken in consecutive succession.

      For the purpose of this subsection (3), the term “immediate family member” means spouse, parent, stepparent, child orstepchild,grandparent or sibling, including a stepbrother or stepsister.

  4. Beginning with the school year 1992-1993, each licensed employee shall be credited with a professional leave allowance, with pay, for each day of absence caused by reason of such employee’s statutorily required membership and attendance at a regular or special meeting held within the State of Mississippi of the State Board of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, the Commission on School Accreditation, the Mississippi Authority for Educational Television, the meetings of the state textbook rating committees or other meetings authorized by local school board policy.
  5. Upon retirement from employment, each licensed and nonlicensed employee shall be paid for not more than thirty (30) days of unused accumulated leave earned while employed by the school district in which the employee is last employed. Such payment for licensed employees shall be made by the school district at a rate equal to the amount paid to substitute teachers and for nonlicensed employees, the payment shall be made by the school district at a rate equal to the federal minimum wage. The payment shall be treated in the same manner for retirement purposes as a lump-sum payment for personal leave as provided in Section 25-11-103(e). Any remaining lawfully credited unused leave, for which payment has not been made, shall be certified to the Public Employees’ Retirement System in the same manner and subject to the same limitations as otherwise provided by law for unused leave. No payment for unused accumulated leave may be made to either a licensed or nonlicensed employee at termination or separation from service for any purpose other than for the purpose of retirement.
  6. The school board may adopt rules and regulations which will reasonably aid to implement the policy of sick and personal leave, including, but not limited to, rules and regulations having the following general effect:
    1. Requiring the absent employee to furnish the certificate of a physician or dentist or other medical practitioner as to the illness of the absent licensed employee, where the absence is for four (4) or more consecutive school days, or for two (2) consecutive school days immediately preceding or following a nonschool day;
    2. Providing penalties, by way of full deduction from salary, or entry on the work record of the employee, or other appropriate penalties, for any materially false statement by the employee as to the cause of absence;
    3. Forfeiture of accumulated or future sick leave, if the absence of the employee is caused by optional dental or medical treatment or surgery which could, without medical risk, have been provided, furnished or performed at a time when school was not in session;
    4. Enlarging, increasing or providing greater sick or personal leave allowances than the minimum standards established by this section in the discretion of the school board of each school district.
  7. School boards may include in their budgets provisions for the payment of substitute employees, necessitated because of the absence of regular licensed employees. All such substitute employees shall be paid wholly from district funds, except as otherwise provided for long-term substitute teachers in Section 37-19-20. Such school boards, in their discretion, also may pay, from district funds other than adequate education program funds, the whole or any part of the salaries of all employees granted leaves for the purpose of special studies or training.
  8. The school board may further adopt rules and regulations which will reasonably implement such leave policies for all other nonlicensed and hourly paid school employees as the board deems appropriate. Effective for the 2010-2011 and 2011-2012 school years, nonlicensed employees shall be credited with an additional one-half (1/2) day of personal leave for every day the nonlicensed employee is furloughed without pay as provided in Section 37-7-308.
  9. Vacation leave granted to either licensed or nonlicensed employees shall be synonymous with personal leave. Unused vacation or personal leave accumulated by licensed employees in excess of the maximum five (5) days which may be carried over from one year to the next may be converted to sick leave. The annual conversion of unused vacation or personal leave to sick days for licensed or unlicensed employees shall not exceed the allowable number of personal leave days as provided in Section 25-3-93. The annual total number of converted unused vacation and/or personal days added to the annual unused sick days for any employee shall not exceed the combined allowable number of days per year provided in Sections 25-3-93 and 25-3-95. Local school board policies that provide for vacation, personal and sick leave for employees shall not exceed the provisions for leave as provided in Sections 25-3-93 and 25-3-95. Any personal or vacation leave previously converted to sick leave under a lawfully adopted policy before May 1, 2004, or such personal or vacation leave accumulated and available for use prior to May 1, 2004, under a lawfully adopted policy but converted to sick leave after May 1, 2004, shall be recognized as accrued leave by the local school district and available for use by the employee. The leave converted under a lawfully adopted policy prior to May 1, 2004, or such personal and vacation leave accumulated and available for use as of May 1, 2004, which was subsequently converted to sick leave may be certified to the Public Employees’ Retirement System upon termination of employment and any such leave previously converted and certified to the Public Employees’ Retirement System shall be recognized.
    1. For the purposes of this subsection, the following words and phrases shall have the meaning ascribed in this paragraph unless the context requires otherwise:
      1. “Catastrophic injury or illness” means a life-threatening injury or illness of an employee or a member of an employee’s immediate family that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the local school district for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic.
      2. “Immediate family” means spouse, parent, stepparent, sibling, child or stepchild, grandparent, stepbrother or stepsister.
    2. Any school district employee may donate a portion of his or her unused accumulated personal leave or sick leave to another employee of the same school district who is suffering from a catastrophic injury or illness or who has a member of his or her immediate family suffering from a catastrophic injury or illness, in accordance with the following:

      History. Codes, 1942, § 6328-28; Laws, 1953, Ex Sess, ch. 17, § 8; Laws, 1978, ch. 513, § 1, 1982, ch. 491; Laws, 1986, ch. 492, § 13; Laws, 1986, ch. 493; Laws, 1987, ch. 307, § 5, 1992, ch. 450, § 1; Laws, 1994, ch. 623, § 1; Laws, 1995, ch. 586, § 1; Laws, 1996, ch. 548, § 1; Laws, 1998, ch. 580, § 1; Laws, 1999, ch. 561, § 2; Laws, 2003, ch. 458, § 1; Laws, 2003, ch. 546, § 1; Laws, 2004, ch. 480, § 1; Laws, 2005, ch. 354, § 1; Laws, 2010, ch. 486, § 3; Laws, 2012, ch. 463, § 1; Laws, 2012, ch. 543, § 7; Laws, 2015, ch. 341, § 1, eff from and after July 1, 2015; Laws, 2019, ch. 307, § 1, eff from and after July 1, 2019.

      1. The employee donating the leave (the “donor employee”) shall designate the employee who is to receive the leave (the “recipient employee”) and the amount of unused accumulated personal leave and sick leave that is to be donated, and shall notify the school district superintendent or his designee of his or her designation.
      2. The maximum amount of unused accumulated personal leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of personal leave remaining, and the maximum amount of unused accumulated sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the unused accumulated sick leave of the donor employee.
      3. An employee must have exhausted all of his or her available leave before he or she will be eligible to receive any leave donated by another employee. Eligibility for donated leave shall be based upon review and approval by the donor employee’s supervisor.
      4. Before an employee may receive donated leave, he or she must provide the school district superintendent or his designee with a physician’s statement that states that the illness meets the catastrophic criteria established under this section, the beginning date of the catastrophic injury or illness, a description of the injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work.
      5. Before an employee may receive donated leave, the superintendent of education of the school district shall appoint a review committee to approve or disapprove the said donations of leave, including the determination that the illness is catastrophic within the meaning of this section.
      6. If the total amount of leave that is donated to any employee is not used by the recipient employee, the whole days of donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees.
      7. Donated leave shall not be used in lieu of disability retirement.
      8. Each licensed employee and teacher assistant, at the beginning of each school year, shall be credited with a minimum sick leave allowance, with pay, of seven (7) days for absences caused by illness or physical disability of the employee during that school year.
      9. Any unused portion of the total sick leave allowance shall be carried over to the next school year and credited to such licensed employee and teacher assistant if the licensed employee or teacher assistant remains employed in the same school district. In the event any public school licensed employee or teacher assistant transfers from one public school district in Mississippi to another, any unused portion of the total sick leave allowance credited to such licensed employee or teacher assistant shall be credited to such licensed employee or teacher assistant in the computation of unused leave for retirement purposes under Section 25-11-109. Accumulation of sick leave allowed under this section shall be unlimited.
    3. No deduction from the pay of such licensed employee or teacher assistant may be made because of absence of such licensed employee or teacher assistant caused by illness or physical disability of the licensed employee or teacher assistant until after all sick leave allowance credited to such licensed employee or teacher assistant has been used.
    4. For the first ten (10) days of absence of a licensed employee because of illness or physical disability, in any school year, in excess of the sick leave allowance credited to such licensed employee, there shall be deducted from the pay of such licensed employee the established substitute amount of licensed employee compensation paid in that local school district, necessitated because of the absence of the licensed employee as a result of illness or physical disability. In lieu of deducting the established substitute amount from the pay of such licensed employee, the policy may allow the licensed employee to receive full pay for the first ten (10) days of absence because of illness or physical disability, in any school year, in excess of the sick leave allowance credited to such licensed employee. Thereafter, the regular pay of such absent licensed employee shall be suspended and withheld in its entirety for any period of absence because of illness or physical disability during that school year.

      (a) Beginning with the school year 1983-1984, each licensed employee at the beginning of each school year shall be credited with a minimum personal leave allowance, with pay, of two (2) days for absences caused by personal reasons during that school year. Effective for the 2010-2011 and 2011-2012 school years, licensed employees shall be credited with an additional one-half (1/2) day of personal leave for every day the licensed employee is furloughed without pay as provided in Section 37-7-308. Except as otherwise provided in paragraph (b) of this subsection, such personal leave shall not be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday. Personal leave may be used for professional purposes, including absences caused by attendance of such licensed employee at a seminar, class, training program, professional association or other functions designed for educators. No deduction from the pay of such licensed employee may be made because of absence of such licensed employee caused by personal reasons until after all personal leave allowance credited to such licensed employee has been used. However, the superintendent of a school district, in his discretion, may allow a licensed employee personal leave in addition to any minimum personal leave allowance, under the condition that there shall be deducted from the salary of such licensed employee the actual amount of any compensation paid to any person as a substitute, necessitated because of the absence of the licensed employee. Any unused portion of the total personal leave allowance up to five (5) days shall be carried over to the next school year and credited to such licensed employee if the licensed employee remains employed in the same school district. Any personal leave allowed for a furlough day shall not be carried over to the next school year.

      1. Notwithstanding the restrictions on the use of personal leave prescribed under paragraph (a) of this subsection, a licensed employee may use personal leave as follows:
      2. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, an immediate family member of the employee is being deployed for military service.
      3. Personal leave may be taken on a day previous to a holiday or a day after a holiday if an employee of a school district has either a minimum of ten (10) years’ experience as an employee of that school district or a minimum of thirty (30) days of unused accumulated leave that has been earned while employed in that school district.
      4. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, the employee has been summoned to appear for jury duty or as a witness in court.
      5. Requiring the absent employee to furnish the certificate of a physician or dentist or other medical practitioner as to the illness of the absent licensed employee, where the absence is for four (4) or more consecutive school days, or for two (2) consecutive school days immediately preceding or following a nonschool day;
      6. Providing penalties, by way of full deduction from salary, or entry on the work record of the employee, or other appropriate penalties, for any materially false statement by the employee as to the cause of absence;
      7. Forfeiture of accumulated or future sick leave, if the absence of the employee is caused by optional dental or medical treatment or surgery which could, without medical risk, have been provided, furnished or performed at a time when school was not in session;
      8. Enlarging, increasing or providing greater sick or personal leave allowances than the minimum standards established by this section in the discretion of the school board of each school district.
      9. “Catastrophic injury or illness” means a life-threatening injury or illness of an employee or a member of an employee’s immediate family that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the local school district for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic.
      10. “Immediate family” means spouse, parent, stepparent, sibling, child or stepchild.
      11. Any school district employee may donate a portion of his or her unused accumulated personal leave or sick leave to another employee of the same school district who is suffering from a catastrophic injury or illness or who has a member of his or her immediate family suffering from a catastrophic injury or illness, in accordance with the following:
      12. The employee donating the leave (the “donor employee”) shall designate the employee who is to receive the leave (the “recipient employee”) and the amount of unused accumulated personal leave and sick leave that is to be donated, and shall notify the school district superintendent or his designee of his or her designation.
      13. The maximum amount of unused accumulated personal leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of personal leave remaining, and the maximum amount of unused accumulated sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the unused accumulated sick leave of the donor employee.
      14. An employee must have exhausted all of his or her available leave before he or she will be eligible to receive any leave donated by another employee. Eligibility for donated leave shall be based upon review and approval by the donor employee’s supervisor.
      15. Before an employee may receive donated leave, he or she must provide the school district superintendent or his designee with a physician’s statement that states that the illness meets the catastrophic criteria established under this section, the beginning date of the catastrophic injury or illness, a description of the injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work.
      16. Before an employee may receive donated leave, the superintendent of education of the school district shall appoint a review committee to approve or disapprove the said donations of leave, including the determination that the illness is catastrophic within the meaning of this section.
      17. If the total amount of leave that is donated to any employee is not used by the recipient employee, the whole days of donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees.
      18. Donated leave shall not be used in lieu of disability retirement.
  11. Effective January 1, 2020, the provisions of this section shall be fully applicable to any licensed employee of the Mississippi School of the Arts (MSA).

§ 37-7-307. Regulation of leaves for licensed and nonlicensed employees; employment of substitute teachers; donations of leave to other employees; accumulated leave; conversion of certain vacation days to sick leave; definitions [Effective July 1, 2019].

For purposes of this section, the term “licensed employee” means any employee of a public school district required to hold a valid license by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.

The school board of a school district shall establish by rules and regulations a policy of sick leave with pay for licensed employees and teacher assistants employed in the school district, and such policy shall include the following minimum provisions for sick and emergency leave with pay:

Beginning with the school year 1992-1993, each licensed employee shall be credited with a professional leave allowance, with pay, for each day of absence caused by reason of such employee’s statutorily required membership and attendance at a regular or special meeting held within the State of Mississippi of the State Board of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, the Commission on School Accreditation, the Mississippi Authority for Educational Television, the meetings of the state textbook rating committees or other meetings authorized by local school board policy.

Upon retirement from employment, each licensed and nonlicensed employee shall be paid for not more than thirty (30) days of unused accumulated leave earned while employed by the school district in which the employee is last employed. Such payment for licensed employees shall be made by the school district at a rate equal to the amount paid to substitute teachers and for nonlicensed employees, the payment shall be made by the school district at a rate equal to the federal minimum wage. The payment shall be treated in the same manner for retirement purposes as a lump-sum payment for personal leave as provided in Section 25-11-103(e). Any remaining lawfully credited unused leave, for which payment has not been made, shall be certified to the Public Employees’ Retirement System in the same manner and subject to the same limitations as otherwise provided by law for unused leave. No payment for unused accumulated leave may be made to either a licensed or nonlicensed employee at termination or separation from service for any purpose other than for the purpose of retirement.

The school board may adopt rules and regulations which will reasonably aid to implement the policy of sick and personal leave, including, but not limited to, rules and regulations having the following general effect:

School boards may include in their budgets provisions for the payment of substitute employees, necessitated because of the absence of regular licensed employees. All such substitute employees shall be paid wholly from district funds, except as otherwise provided for long-term substitute teachers in Section 37-19-20. Such school boards, in their discretion, also may pay, from district funds other than adequate education program funds, the whole or any part of the salaries of all employees granted leaves for the purpose of special studies or training.

The school board may further adopt rules and regulations which will reasonably implement such leave policies for all other nonlicensed and hourly paid school employees as the board deems appropriate. Effective for the 2010-2011 and 2011-2012 school years, nonlicensed employees shall be credited with an additional one-half (1/2) day of personal leave for every day the nonlicensed employee is furloughed without pay as provided in Section 37-7-308.

Vacation leave granted to either licensed or nonlicensed employees shall be synonymous with personal leave. Unused vacation or personal leave accumulated by licensed employees in excess of the maximum five (5) days which may be carried over from one year to the next may be converted to sick leave. The annual conversion of unused vacation or personal leave to sick days for licensed or unlicensed employees shall not exceed the allowable number of personal leave days as provided in Section 25-3-93. The annual total number of converted unused vacation and/or personal days added to the annual unused sick days for any employee shall not exceed the combined allowable number of days per year provided in Sections 25-3-93 and 25-3-95. Local school board policies that provide for vacation, personal and sick leave for employees shall not exceed the provisions for leave as provided in Sections 25-3-93 and 25-3-95. Any personal or vacation leave previously converted to sick leave under a lawfully adopted policy before May 1, 2004, or such personal or vacation leave accumulated and available for use prior to May 1, 2004, under a lawfully adopted policy but converted to sick leave after May 1, 2004, shall be recognized as accrued leave by the local school district and available for use by the employee. The leave converted under a lawfully adopted policy prior to May 1, 2004, or such personal and vacation leave accumulated and available for use as of May 1, 2004, which was subsequently converted to sick leave may be certified to the Public Employees’ Retirement System upon termination of employment and any such leave previously converted and certified to the Public Employees’ Retirement System shall be recognized.

(a) For the purposes of this subsection, the following words and phrases shall have the meaning ascribed in this paragraph unless the context requires otherwise:

HISTORY: Codes, 1942, § 6328-28; Laws, 1953, Ex Sess, ch. 17, § 8; Laws, 1978, ch. 513, § 1, 1982, ch. 491; Laws, 1986, ch. 492, § 13; Laws, 1986, ch. 493; Laws, 1987, ch. 307, § 5, 1992, ch. 450, § 1; Laws, 1994, ch. 623, § 1; Laws, 1995, ch. 586, § 1; Laws, 1996, ch. 548, § 1; Laws, 1998, ch. 580, § 1; Laws, 1999, ch. 561, § 2; Laws, 2003, ch. 458, § 1; Laws, 2003, ch. 546, § 1; Laws, 2004, ch. 480, § 1; Laws, 2005, ch. 354, § 1; Laws, 2010, ch. 486, § 3; Laws, 2012, ch. 463, § 1; Laws, 2012, ch. 543, § 7; Laws, 2015, ch. 341, § 1, eff from and after July 1, 2015; Laws, 2019, ch. 432, § 5, eff from and after July 1, 2019.

§ 37-7-308. Repealed.

Repealed by operation of law, effective July 1, 2012.

§37-7-308. [Laws, 2010, ch. 486, § 2, eff from and after passage (approved Apr. 7, 2010.)]

Editor’s Notes —

Former §37-7-308 related to the furlough of instruction, noninstructional and administrative employees.

§ 37-7-309. Repealed.

Repealed by Laws, 1986, ch. 492, § 46, eff from and after July 1, 1987.

[Codes, 1942, § 6328-30; Laws, 1953, Ex Sess, ch. 17, § 10]

Editor’s Notes —

Former §37-7-309 provided for expenditure of school district funds for incidentals.

§ 37-7-311. Organization of school.

The school board shall organize a school so as to avoid unnecessary duplication and shall determine what grades shall be taught at each school and shall have the power to specify attendance areas and to designate the school each pupil shall attend.

HISTORY: Codes, 1942, § 6328-31; Laws, 1953, Ex Sess, ch. 17, § 11; Laws, 1986, ch. 492, § 14, eff from and after July 1, 1987.

Cross References —

Abolition, reorganization or alteration of district by school board, see §§37-7-103,37-7-105.

OPINIONS OF THE ATTORNEY GENERAL

Sections 37-7-103, 37-7-113 and 37-7-311 allow a school board to organize its schools so as to serve the best interests of the schools and ultimately the students, and to avoid unnecessary duplication. Where the actions of local school boards do nothing to alter the existing geographical features, boundaries, or corporate structure of the school districts there is no necessity to seek State Board of Education approval. Burnham, February 15, 1995, A.G. Op. #95-0029.

JUDICIAL DECISIONS

1. In general.

2. Consolidation of schools; transfer of students.

3. Appeal.

4. Miscellaneous.

1. In general.

The grant to county boards of education of power to organize and establish schools does not confer judicial or quasi-judicial power, but the power granted is purely administrative and legislative. County Board of Education v. Smith, 239 Miss. 53, 121 So. 2d 139, 1960 Miss. LEXIS 266 (Miss. 1960).

2. Consolidation of schools; transfer of students.

A public school board had the authority to consolidate schools within its district and to reassign students en masse; the plan was not a “reorganization of the school district” within the meaning of §37-7-105. Section37-7-105 and its petition, publication and referendum procedures do not apply to everything the school board may wish to abolish, alter or reorganize. The statute applies only where the school board “abolishes, alters or reorganizes a school district.” The phrase “school district” imports the geographic boundaries of the district and perhaps the corporate organization or structure thereof. The school board’s plan did not alter the existing structure of the school district, which remained a county-wide district, and did not reorganize corporate structure, and therefore §§37-7-103 and 37-7-105 did not apply. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

It was not the intention of the legislature by this section [Code 1942, § 6328-31] to mean that the board of trustees may transfer students en masse from one school or attendance center to another, for where there is a transfer of pupils other than on an individual basis it would prevent uniformity by permitting the center losing pupils to keep all the money allocated to it. Board of Educ. v. Wilburn, 223 So. 2d 665, 1969 Miss. LEXIS 1289 (Miss. 1969), overruled, In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

3. Appeal.

Courts on appeal from a determination of a county board of education are limited to the question whether the action of the board is supported by substantial evidence or is arbitrary or capricious, or transcends its power, or violates some statutory or constitutional right of an interested party. County Board of Education v. Smith, 239 Miss. 53, 121 So. 2d 139, 1960 Miss. LEXIS 266 (Miss. 1960).

4. Miscellaneous.

Students who live in one school district organized under Ch 12, Laws of 1953, Ex Session former [Miss. Code Ann. §§37-7-1 et seq], may not attend school in another school district without the consent and approval of the board of trustees of the district wherein such students reside. Hinze v. Winston County Board of Education, 233 Miss. 867, 103 So. 2d 353, 1958 Miss. LEXIS 450 (Miss. 1958).

§ 37-7-313. Repealed.

Repealed by Laws, 1986, ch. 492, § 46, eff from and after July 1, 1987.

[Codes, 1942, §§ 6328-06, 6328-74; Laws, 1953, Ex Sess, ch. 12, § 6; Laws, 1956, ch. 266, § 4; Laws, 1959, Ex Sess, ch. 29, 2; Laws, 1960, ch. 301, § 3; Laws, 1968, ch. 386.]

Editor’s Notes —

Former §37-7-313 authorized for contracts for attendance and transportation of pupils at schools operated by other school districts.

§ 37-7-315. Designation of school buildings and attendance centers.

In creating school districts under the provisions of Article 1 of this chapter, it shall not be necessary that the school board, in the order creating such districts, specify or designate the location of the school houses or attendance centers therein, and existing school buildings shall be retained as places of attendance until changed in the manner hereinafter set forth. Where any existing facilities or buildings shall not be used as attendance centers, the school board may utilize such facilities and buildings in connection with any related school activity which said school board may deem advisable.

The school board of any school district shall have the power and authority to designate the locations for school buildings and attendance centers in the school district subject to its jurisdiction and to change, alter or abolish the location of such school buildings and attendance centers from time to time as may be required by the educational needs of such school district. Where students from three (3) or more school districts are in attendance at one (1) attendance center by order of the respective school boards of the school districts, the use of the attendance center shall not be changed, altered or abolished except upon order of a majority of each of the school boards of the school districts from which pupils have been in attendance at the attendance center for the scholastic year; any acts, decisions, orders or resolutions by the school board of any such school district in conflict with this provision shall be null and void. If any change or alteration of the location of a school building or attendance center shall involve the construction of new school facilities, or the making of additions to, or the major repair, alteration or renovation of existing facilities, then such change or alteration shall not be effective until same shall have been submitted to and approved by the State Board of Education. There may be located and established in any school district as many school buildings and attendance centers as the educational needs of such district shall require. The school board of the school district shall have the power and authority to specify the attendance areas which shall be served by each school building or attendance center, and to change or alter same from time to time as necessity requires.

HISTORY: Codes, 1942, § 6328-05; Laws, 1953, Ex Sess, ch. 12, § 5; Laws, 1960, ch. 303; Laws, 1986, ch. 492, § 15, eff from and after July 1, 1987.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987.

For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Abolition, reorganization or alteration of district by school board, see §§37-7-103,37-7-105.

Acquisition of land outside of school district for construction of needed school buildings or other facilities, see §37-7-401.

Joint construction of buildings or operation of schools by adjoining school districts, see §37-7-403.

Roads, driveways and parking areas on school district property, and expenditure of funds for their construction and upkeep, see §65-7-74.

OPINIONS OF THE ATTORNEY GENERAL

Each county is required under Miss. Code Ann. §19-7-1 to build a jail within the corporate limits of the municipality where the courts are required to sit. A municipality is obligated to grant a special exception to its zoning ordinances unless it is determined, consistent with the facts, that construction of a county jail would create a public nuisance or a clear and present danger to the public health and welfare. Yancey, Mitchell, March 23, 2007, A.G. Op. #07-00120, 2007 Miss. AG LEXIS 75.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 102.

CJS.

78 C.J.S., Schools, and School Districts §§ 739, 740, 745-754.

JUDICIAL DECISIONS

1. In general.

2. Consolidation of schools; transfer of students.

1. In general.

Although ordinarily private individual may not maintain suit against school district to enforce zoning ordinance or to enjoin what is in essence public nuisance created by construction of school building, where construction of school building in violation of municipal offstreet parking ordinance would obstruct abutting landowner’s right of ingress and egress, landowner may obtain injunction against construction of building unless and until school district complies with parking ordinance. Robinson v. Indianola Municipal Separate School Dist., 467 So. 2d 911, 1985 Miss. LEXIS 1973 (Miss. 1985).

2. Consolidation of schools; transfer of students.

A public school board had the authority to consolidate schools within its district and to reassign students en masse; the plan was not a “reorganization of the school district” within the meaning of §37-7-105. Section37-7-105 and its petition, publication and referendum procedures do not apply to everything the school board may wish to abolish, alter or reorganize. The statute applies only where the school board “abolishes, alters or reorganizes a school district.” The phrase “school district” imports the geographic boundaries of the district and perhaps the corporate organization or structure thereof. The school board’s plan did not alter the existing structure of the school district, which remained a county-wide district, and did not reorganize corporate structure, and therefore §§37-7-103 and 37-7-105 did not apply. In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

§ 37-7-317. Transfer of school recreational areas to counties and municipalities during summer recess.

The school board of any school district is hereby authorized, in its discretion, to transfer jurisdiction and control of any recreational property or part thereof under its dominion to the governing authorities of any municipality or county in which such property is located, provided, such transfer is temporary and commences not sooner than the day following the last school day of the academic year and ends not later than the day prior to the beginning of the next succeeding academic year. Any such transfer shall be made only with the concurrence of the governing authorities of any such municipality or county, and any agreement therefor shall be on such terms and conditions as said governing authorities and said school board shall provide. Any such agreement may include a provision that while such land is in the possession of said governing authorities, the municipality or the county, as the case may be, shall be liable for the upkeep, maintenance and repair of such property, the cost of which shall be paid out of any funds available to any such municipality or county.

HISTORY: Laws, 1973, ch. 415, § 1; Laws, 1986, ch. 492, § 16, eff from and after July 1, 1987.

Cross References —

Abolition, reorganization or alteration of district by school board, see §§37-7-103,37-7-105.

RESEARCH REFERENCES

ALR.

Use of school property for other than public school or religious purposes. 94 A.L.R.2d 1274.

§ 37-7-319. Purchase of group liability insurance coverage.

All public school boards may purchase group insurance coverage for the liability of all of its active full-time instructional and noninstructional personnel. Such policy shall be paid for with any funds available other than state minimum education program funds.

HISTORY: Laws, 1974, ch. 355; Laws, 1985, ch. 474, § 47; Laws, 1986, ch. 438, § 14; Laws, 1986, ch. 492, § 17; Laws, 1987, ch. 483, § 19; Laws, 1988, ch. 442, § 16; Laws, 1989, ch. 537, § 15; Laws, 1990, ch. 518, § 16; Laws, 1991, ch. 618, § 15; Laws, 1992, ch. 491 § 16, eff from and after passage (approved May 12, 1992).

Cross References —

Insurance on school property generally, see §37-7-303.

RESEARCH REFERENCES

ALR.

Modern status of doctrine of sovereign immunity as applied to public schools and institutions of higher learning. 33 A.L.R.3d 703.

Tort liability of public schools and institutions of higher learning for accidents due to condition of buildings or equipment. 34 A.L.R.3d 1166.

Tort liability of public schools and institutions of higher learning for accidents associated with the transportation of students. 34 A.L.R.3d 1210.

Tort liability of public schools and institutions of higher learning for accident occurring during school athletic events. 35 A.L.R.3d 725.

Tort liability of public schools and institutions of higher learning for accidents associated with chemistry experiments, shopwork and manual or vocational training. 35 A.L.R.3d 758.

Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes. 36 A.L.R.3d 361.

Tort liability of public schools and institutions of higher learning for accidents occurring during use of premises and equipment for other than school purposes. 37 A.L.R.3d 712.

Tort liability of public schools and institutions of higher learning for injuries due to condition of grounds, walks, and playgrounds. 37 A.L.R.3d 738.

Tort liability of public schools and institutions of higher learning for injuries resulting from lack or insufficiency of supervision. 38 A.L.R.3d 830.

Personal liability of public school teacher in negligence action for personal injury or death of student. 34 A.L.R.4th 228.

Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student. 35 A.L.R.4th 272.

Personal liability in negligence action of public school employee, other than teacher or executive or administrative officer, for personal injury or death of student. 35 A.L.R.4th 328.

Tort liability of schools and institutions of higher learning for personal injury suffered during school field trip. 68 A.L.R.5th 519.

Tort liability of public schools and institutions of higher learning for accidents occurring during school athletic events. 68 A.L.R.5th 663.

Tort liability of public schools and institutions of higher learning for injury to student walking to or from school. 72 A.L.R.5th 469.

CJS.

78A C.J.S., Schools and School Districts § 887.

Law Reviews.

The History and Future of Sovereign Immunity for Mississippi School Districts. 58 Miss. L. J. 275, Fall 1988.

§ 37-7-321. Employment and designation of peace officers; minimum level of basic law enforcement training required; operation of radio broadcasting and transmission station; interlocal agreements with other law enforcement entities for provision of certain equipment or services.

  1. The school board of any school district within the State of Mississippi, in its discretion, may employ one or more persons as security personnel and may designate such persons as peace officers in or on any property operated for school purposes by such board upon their taking such oath and making such bond as required of a constable of the county in which the school district is situated.
  2. Any person employed by a school board as a security guard or school resource officer or in any other position that has the powers of a peace officer must receive a minimum level of basic law enforcement training, as jointly determined and prescribed by the Board on Law Enforcement Officer Standards and Training and the State Board of Education, within two (2) years of the person’s initial employment in such position. Upon the failure of any person employed in such position to receive the required training within the designated time, the person may not exercise the powers of a peace officer in or on the property of the school district.
  3. The school board is authorized and empowered, in its discretion, and subject to the approval of the Federal Communications Commission, to install and operate a noncommercial radio broadcasting and transmission station for educational and vocational educational purposes.
  4. If a law enforcement officer is duly appointed to be a peace officer by a school district under this section, the local school board may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of school property lies with the local police or sheriff’s department which cannot withhold its services solely because of the lack of such an agreement.

HISTORY: Laws, 1975, ch. 351, § 1; Laws, 1986, ch. 492, § 18; Laws, 2000, ch. 437, § 1; Laws, 2006, ch. 441, § 2, eff from and after July 1, 2006.

Amendment Notes —

The 2000 amendment, in (1), substituted “may designate such persons” for “and shall be authorized to designate them” and added “in which the school district is situated”; inserted present (2) and redesignated former (2) as present (3); and made other minor changes.

The 2006 amendment added (4).

OPINIONS OF THE ATTORNEY GENERAL

A school district and a city may enter into an interlocal agreement for the provision of traffic control, although the duty to enforce traffic regulations lies with the police department and it can not withhold its services solely because of the lack of such an agreement. Noble, January 15, 1999, A.G. Op. #98-0714.

If a school board designates an off-duty law enforcement officer as a peace officer pursuant to §§37-7-321 and37-7-323, then the school district imbues the security guard with the powers and authority of a constable, which is a law enforcement officer under §19-19-5; as a law enforcement officer, this peace officer would be entitled to certain immunities from some federal and state claims. Thompson, June 25, 1999, A.G. Op. #99-0316.

If a security guard is duly appointed to be a peace officer pursuant to §§37-7-321 and37-7-323, then the school district, as part of its statutory law enforcement responsibilities, may enter into an interlocal agreement with other law enforcement entities for the provision of equipment to its peace officer. Thompson, June 25, 1999, A.G. Op. #99-0316.

No statutory authority can be found which would permit school employees to search a student vehicle that is parked on a city street, to designate parking on a city street or to control traffic flow of a city street; however, a school district and a city may enter into an interlocal agreement for the provision of traffic control, and city and county law enforcement agencies are authorized to contract with school districts for the provision of police protection. Taylor, July 7, 2004, A.G. Op. 03-0334.

JUDICIAL DECISIONS

1. Immunity.

While Miss. Code Ann. §37-7-321 and Miss. Code Ann. §37-7-323 allowed schools to retain independent contractors to work as peace officers on school grounds, the legislature however did not provide an express grant of immunity to those independent contractors under Miss. Code Ann. §19-19-5 or the Mississippi Tort Claims Act (MTCA), Miss. Code Ann. §11-46-9; accordingly, the trial court erred in finding that the security contractor was immune to suit by virtue of the MTCA. Knight v. Terrell, 961 So. 2d 30, 2007 Miss. LEXIS 408 (Miss. 2007).

§ 37-7-323. Application and enforcement of general criminal laws of state.

Any act which, if committed within the limits of a city, town or village, or in any public place, would be a violation of the general laws of this state, shall be criminal and punishable if done on the campus, grounds or roads of any of the public schools of this state. The peace officers duly appointed by the school board of any school district are vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law on school property within the district, and for preserving order and decorum thereon. The peace officers duly appointed by the school board of any school district are also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the school district, if reasonably determined to have a possible impact on the safety of students, faculty or staff of the school district while on said property. Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by a school district to events occurring outside the boundaries of school property, nor shall any such school district or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the school district.

HISTORY: Laws, 1975, ch. 351, § 2; Laws, 1986, ch. 492, § 19; Laws, 2006, ch. 441, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2006 amendment added the last two sentences.

OPINIONS OF THE ATTORNEY GENERAL

If a school board designates an off-duty law enforcement officer as a peace officer pursuant to §§37-7-321 and37-7-323, then the school district imbues the security guard with the powers and authority of a constable, which is a law enforcement officer under §19-19-5; as a law enforcement officer, this peace officer would be entitled to certain immunities from some federal and state claims. Thompson, June 25, 1999, A.G. Op. #99-0316.

If a security guard is duly appointed to be a peace officer pursuant to §§37-7-321 and37-7-323, then the school district, as part of its statutory law enforcement responsibilities, may enter into an interlocal agreement with other law enforcement entities for the provision of equipment to its peace officer. Thompson, June 25, 1999, A.G. Op. #99-0316.

JUDICIAL DECISIONS

1. Immunity.

While Miss. Code Ann. §37-7-321 and Miss. Code Ann. §37-7-323 allowed schools to retain independent contractors to work as peace officers on school grounds, the legislature however did not provide an express grant of immunity to those independent contractors under Miss. Code Ann. §19-19-5 or the Mississippi Tort Claims Act (MTCA), Miss. Code Ann. §11-46-9; accordingly, the trial court erred in finding that the security contractor was immune to suit by virtue of the MTCA. Knight v. Terrell, 961 So. 2d 30, 2007 Miss. LEXIS 408 (Miss. 2007).

§ 37-7-325. Obtaining funds from Tennessee Valley Authority’s Commercial and Industrial Energy Conservation Financing Plan.

Any school district in the State of Mississippi is hereby authorized and empowered to contract with and to be contracted with by the Tennessee Valley Authority for the purpose of obtaining funds from the Tennessee Valley Authority’s Commercial and Industrial Energy Conservation Financing Plan. The loan plan is designed to assist certain school districts to modify such school buildings as are determined to be energy-inefficient.

HISTORY: Laws, 1980, ch. 379, eff from and after passage (approved April 25, 1980).

Cross References —

Compliance with state energy conservation standards, see §37-47-15.

§ 37-7-327. Establishment and operation of orphanage public school.

The school board in any county in which is located an orphanage with fifty (50) or more children of educable age residing therein, at any regular or called meeting, may in its discretion establish an orphanage public school, said school to embrace only such territory owned and occupied by such orphanage, for such orphanage children, provided that a majority of the board of trustees or directors of such orphanage first petition the school board in writing to so establish a public school. Such school when established shall be designated as an orphanage public school.

After such school is established and before a public school is opened, the management of such orphanage must first tender to the superintendent of schools a satisfactory building and educational equipment for said school and enter into a contract with the superintendent of schools agreeing to furnish such building and equipment and to provide for its upkeep, fuel and such other things necessary for the successful operation of the school plant.

When an orphanage public school is established under this section and the conditions as set forth above are met, the superintendent of schools shall have all children of educable age residing in such orphanage enumerated in the manner as is now prescribed by law. Said orphanage public school shall receive financial support from any and all sources from which public school districts now receive support under the law except from funds derived from local tax levies. Said funds shall be paid into the school district depository to the credit of that orphanage public school fund and the same are to be paid out upon presentation of the superintendent’s pay certificate.

An orphanage public school shall be under the direct control of the school board.

This section shall not be construed to repeal any other law or to abridge the rights and privileges heretofore exercised by the children of any orphanage.

HISTORY: Laws, 1986, ch. 492, § 20, eff from and after July 1, 1987.

§ 37-7-329. Establishment and operation of schools exclusively for Indians.

In a school district where there are Indian children, or children of any race not otherwise provided for by law with educational advantages, sufficient to form a school, the school board may locate one or more schools exclusively for Indians, or children of such other race, and pay salaries of teachers for same, and provide for the transportation of the children, under rules and regulations prescribed by the State Board of Education. Special licenses may be provided by the director of the division of instruction for teachers of Indian schools and other schools mentioned in this section.

HISTORY: Laws, 1986, ch. 492, § 21, eff from and after July 1, 1987.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

§ 37-7-333. Control of funds for support and maintenance of schools; reports of tax collector; deposit of funds.

The school boards of all school districts shall have full control of the receipt, distribution, allotment and disbursement of all funds which may be provided for the support and maintenance of the schools of such district whether such funds be minimum education program allotments, funds derived from supplementary tax levies as authorized by law, or funds derived from any other source whatsoever except as may otherwise be provided by law for control of the proceeds from school bonds or notes and the taxes levied to pay the principal of and interest on such bonds or notes. The tax collector of each county shall make reports, in writing, verified by his affidavit, on or before the twentieth day of each month to the superintendent of schools of each school district within such county reflecting all school district taxes collected by him for the support of said school district during the preceding month. He shall at the same time pay over all such school district taxes collected by him for the support of said school district directly to said superintendent of schools.

All such allotments or funds shall be placed in the depository or depositories selected by the school board in the same manner as provided in Section 27-105-305 for the selection of county depositories. Provided, however, the annual notice to be given by the school board to financial institutions may be given by the school board at any regular meeting subsequent to the board’s regular December meeting but prior to the regular May meeting. The bids of financial institutions for the privilege of keeping school funds may be received by the school board at some subsequent meeting, but no later than the regular June meeting; and the selection by the school board of the depository or depositories shall be effective on July 1 of each year. School boards shall advertise and accept bids for depositories, no less than once every three (3) years, when such board determines that it can obtain a more favorable rate of interest and less administrative processing. Such depository shall place on deposit with the superintendent of schools the same securities as required in Section 27-105-315.

In the event a bank submits a bid or offer to a school district to act as a depository for the district and such bid or offer, if accepted, would result in a contract in which a member of the school board would have a direct or indirect interest, the school board should not open or consider any bids received. The superintendent of schools shall submit the matter to the State Treasurer, who shall have the authority to solicit bids, select a depository or depositories, make all decisions and take any action within the authority of the school board under this section relating to the selection of a depository or depositories.

HISTORY: Laws, 1986, ch. 492, § 22; Laws, 1991, ch. 534, § 2; Laws, 1992, ch. 409, § 1; Laws, 1995, ch. 422, § 1; Laws, 1997, ch. 391, § 1, eff from and after July 1, 1997.

Cross References —

State Treasurer generally, see §§7-9-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A school board may, in the exercise its discretion, re-issue a pay warrant to a former teacher, where the original pay warrant was never deposited or negotiated. Smith, June 25, 1992, A.G. Op. #92-0470.

The board of trustees of a county school district may accept from a qualified financial institution as pledged security for school funds placed in such institution, surety bonds of any surety company authorized to do business in Mississippi, provided that such bonds are not rated substandard by any of the appropriate supervisory authorities having jurisdiction over such depository or by any recognized national rating agency engaged in the business of rating bonds; however, the board should be aware that surety bonds are not negotiable instruments which can be sold to recover lost deposits. Dickey, June 18, 1999, A.G. Op. #99-0287.

The prohibitions imposed by Section 109 of the Mississippi Constitution and Code Section 25-4-105(2) are eliminated if the school board and school superintendent follow the procedure stated in Code Section 37-7-333 when selecting a depository; however, the constitutional prohibitions are eliminated only with regard to the selection of a depository, and there would still be a conflict for other purposes, such as selecting and opening accounts in various banks, approval of securities pledged, and transfer and deposit of funds between depositories, etc. Manning, July 14, 2000, A.G. Op. #2000-0324.

Although no penalties are prescribed, the statutory requirement that in cases resulting in a conflict “the school board should not open or consider any bids received” and “the superintendent of schools shall submit the matter to the State Treasurer. . .” is mandatory. Manning, July 14, 2000, A.G. Op. #2000-0324.

The school board must be allowed to reject or approve all claims before pay certificates are issued by the superintendent of education; however, pay certificates may be issued by the superintendent without prior approval of the school board on the payment of specific claims in accordance with the exceptions set out in subsection 37-9-14(7). Henderson, Dec. 6, 2002, A.G. Op. #02-0658.

§ 37-7-335. Establishment of fees; hardship waiver policy.

  1. The school board of any school district shall be authorized to charge reasonable fees, but not more than the actual cost, for the following:
    1. Supplemental instructional materials and supplies, excluding textbooks;
    2. Any other fees designated by the local school board as fees related to a valid curriculum educational objective, including transportation; and
    3. Extracurricular activities and any other educational activities of the school district that are not designated by the local school board as valid curriculum educational objectives, such as band trips and athletic events.
    1. All fees authorized to be charged under this section, except those fees authorized under subsection (1)(c) of this section, shall be charged only upon the condition that the school board of each school district shall adopt a financial hardship waiver policy that shall be kept in the strictest of confidence with all files and personal disclosures restricted from review by the general public. The financial hardship waiver policy must be distributed in writing to pupils at the time of enrollment. Any family who qualifies for the National School Lunch Program, as created by the Richard B. Russell National School Lunch Act (42 USCS Section 1751 et seq.), shall receive a financial hardship waiver.

      The board shall insure that a pupil eligible to have any such fees waived as a result of an inability to pay for those fees, shall not be discriminated against nor shall there be any overt identification of any pupil who has received a financial hardship waiver by use of special tokens or tickets, announcements, posting or publication of names, physical separation, choice of materials or by any other means. In no case shall any school district’s procedures expose any pupil receiving a hardship waiver to any type of stigma or ridicule by other pupils or school district personnel.

    2. The confidentiality of the financial hardship waiver policy adopted by the school board shall apply to any students who have an inability to pay any fees authorized under subsection (1) of this section.
  3. In no case shall the inability to pay the assessment of fees authorized under the provisions of this section result in a pupil being denied or deprived of any academic awards or standards, any class selection, grade, diploma, transcript or the right to participate in any activity related to educational enhancement.

HISTORY: Laws, 1986, ch. 492, § 22; Laws, 1989, ch. 585, § 8, effective April 25, 1989 (became law without the Governor’s signature); Laws, 2007, ch. 380, § 1, eff from and after July 1, 2007.

Editor’s Notes —

Section 9, ch. 585, Laws of 1989, provides as follows:

“SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.”

Amendment Notes —

The 2007 amendment in (2)(a), divided the former first paragraph into the present first and second paragraphs, and added the last two sentences in the first paragraph; deleted “(c)” following “subsection (1)” in (2)(b); and made minor stylistic changes.

Cross References —

Textbooks generally, see §§37-43-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A school board may, with proper notice, adopt a rule wherein further property belonging to the school may be withheld from a student who has lost, destroyed, or damaged school property entrusted to him or her until such time as the student or parents reimburse the school for the property. Chaney, Jr., Jan. 28, 2000, A.G. Op. #99-0723.

If optional workbooks are offered to students and a fee assessed, the workbooks should be available to all students equally and, therefore, a hardship waiver policy would have to be available to any student who was unable to purchase the workbook. Young, Oct. 5, 2001, A.G. Op. #01-0578.

§ 37-7-337. Plan to encourage community involvement in schools.

  1. The governing authorities of the county, counties or city in which a school district is located and the school board of each school district shall develop a five-year plan to encourage community involvement with the schools in such district.
  2. Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the mandatory provisions of this section.

HISTORY: Laws, 1992, ch. 419, § 12; Laws, 2006, ch. 417, § 7; reenacted without change, Laws, 2009, ch. 345, § 9; reenacted and amended, Laws, 2009, ch. 445, § 5, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Section 5 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), amended this section. Section 9 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 5 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2006 amendment deleted the former last sentence in (1), which read: “Such plan shall be filed with the State Department of Education on or before January 1, 1993”; and added (2).

The first 2009 amendment (ch. 345), reenacted this section without change.

The second 2009 amendment (ch. 445), reenacted and amended the section by substituting “the highest levels of” for “Level 4 or 5” in (2).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Exemption from the provisions of this section for school districts meeting Level 4 or 5 accreditation standards, see §37-17-12.

§ 37-7-339. Extended day and school year programs; funding; authority to adopt orders, policies, rules and regulations; goal.

  1. The school board of any local school district, in its discretion, may provide extended day and extended school year programs for kindergarten or compulsory-school-age students, or both, and may expend any funds for these purposes which are available from sources other than the adequate education program. It is not the intent of the Legislature, in enacting this section, to interfere with the Headstart program. School boards, in their discretion, may charge participants a reasonable fee for such programs.
  2. The school board of any school district may adopt any orders, policies, rules or regulations with respect to instruction within that school district for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any order, policy, rule or regulation of the State Board of Education; those school boards also may alter, modify and repeal any orders, policies, rules or regulations enacted under this subsection. Any such program pertaining to reading must further the goal that Mississippi students will demonstrate a growing proficiency in reading and will reach or exceed the national average within the next decade.

HISTORY: Laws, 1998, ch. 497, § 2; reenacted and amended, Laws, 2002, ch. 332, § 1; reenacted and amended, Laws, 2002, ch. 611, § 1, eff from and after July 1, 2002.

Joint Legislative Committee Note —

Section 1 of ch. 332, Laws of 2002, eff from and after June 30, 2002 (approved March 18, 2002), amended this section. Section 1 of ch. 611, Laws of 2002, eff July 1, 2002 (approved April 25, 2002), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 611, Laws of 2002, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Amendment Notes —

The first 2002 amendment (ch. 332) repealed former (3), which contained a repealer for the section.

The second 2002 amendment (ch. 611) rewrote the first sentence in (1); and repealed former (3), which contained a repealer for the section.

Cross References —

Headstart early childhood education programs, see §§37-21-1 through37-21-9.

§ 37-7-341. Expenditure of funds for student field trips to nonprofit museums.

The school board of a local school district may expend funds from any available sources for the purpose of defraying the cost of student field trips to public or private nonprofit museums, including the cost of admission to such museums.

HISTORY: Laws, 2002, ch. 611, § 2, eff from and after July 1, 2002.

§ 37-7-342. Use of service or assistance dogs trained to alert to symptoms of illness or disability authorized in all district facilities.

  1. The Legislature recognizes the necessity of school districts to provide reasonable accommodations to students and licensed employees of a school district who are diagnosed with debilitating illnesses or disabilities, including, but not limited to, diabetes and epilepsy.
  2. The school board of any school district shall authorize the use, in all district facilities and property, of service or assistance dogs which have been specifically trained to alert people of symptoms or conditions resulting from a debilitating illness or disability that threaten their health.
  3. In providing accommodations for students, the parent of a child with such illness or disability, the teacher or teachers of the student and the appropriate school administrator shall meet and develop a written 504 Plan consistent with the provisions of Chapter 23, Title 37, Mississippi Code of 1972, that would permit the use of service dogs in the school facility. Also, in providing accommodations for students, the teacher or teachers of the student and the appropriate school administrator shall develop a plan designed to educate other students of the appropriate behavior in the presence of such dogs, as well as the proper handling of such dogs in the presence of those students who may have an allergic reaction to the dog and the reasonable care to be taken in efforts to prevent contact by students who are allergic with such dogs.

HISTORY: Laws, 2012, ch. 548, § 4, eff from and after July 1, 2012; brought forward without change, Laws, 2018, ch. 341, § 3, eff from and after July 1, 2018.

Editor's Notes —

This section was brought forward without change by Laws of 2018, ch. 341, § 3, effective from and after July 1, 2018. Since the language of the section as it appears in the main volume is unaffected by the bringing forward of the section, it is not reprinted in this supplement.

Amendment Notes —

The 2018 amendment brought the section forward without change.

§ 37-7-343. Authority to enter into contracts for training and professional development of district employees.

The school board of a local school district may enter into contracts or agreements with persons or entities, public or private, to provide training or professional development activities, or both, for employees of the district.

HISTORY: Laws, 2002, ch. 611, § 3, eff from and after July 1, 2002.

§ 37-7-345. Authorization to establish regional educational service agency; agency to be organized as nonprofit tax exempt corporation; operation and management by public advisory board; board of directors; Executive Director; powers and responsibilities of educational service agency.

  1. A regional educational service agency (ESA) may be established in a region of the state when twelve (12) or more school districts determine there are benefits and services that can be derived from the collective and collaborative formation of an agency for the purpose of pooling and leveraging resources for the common benefit of students, teachers, administrators and taxpayers. An educational service agency shall be incorporated in the State of Mississippi and organized under the laws of the State of Mississippi as a nonprofit corporation. The educational service agency shall obtain 501(c)(3) status with the Internal Revenue Service.
  2. The operation and management of the educational service agency shall be the responsibility of a public advisory board composed of the superintendents of schools or their designees from each participating school district.
  3. A board of directors shall be elected on an annual basis from the advisory board to oversee the day-to-day operations of the agency.
  4. The executive board shall hire an executive director to serve as the executive agent of the board of the regional educational service agency.
  5. The board of directors of a regional educational service agency shall have the authority to establish policies for the regional educational service to determine the programs and services to be provided, to employ staff, to prepare and expend the budget, to provide for financing programs and projects of the regional educational service agency, and to annually evaluate the performance of the agency. The board may purchase, hold, encumber and dispose of real property, in the name of the agency, for use as its office or for any educational service provided by the agency.
  6. The educational service agency is authorized and empowered to: develop, manage and provide support services and/or programs as determined by the needs of the local school district. Educational service agencies (ESAs) shall:
    1. Act primarily as service agencies in providing services and/or programs as identified and requested by member school districts (services may include, but are not limited to, professional development, instructional materials, educational technology, curriculum development and alternative educational programs);
    2. Provide for economy, efficiency and cost effectiveness in the cooperative delivery and purchase or lease of educational services, materials and products (services may include, but are not limited to, purchasing cooperatives, insurance cooperatives, business manager services, auditing and accounting services, school safety/risk prevention, and data processing and student records);
    3. Provide administrative services (services may include, but are not limited to, communications/public information, employee background checks, grants management, printing/publications and internships);
    4. Provide educational services through leadership, research and development in elementary and secondary education;
    5. Act in a cooperative and supportive role, including contracting, with the Mississippi Department of Education, Mississippi Institutions of Higher Learning, Mississippi Community Colleges and other state educational organizations in the development and implementation of long-range plans, strategies and goals for the enhancement of educational opportunities in elementary and secondary education; and
    6. Serve, when appropriate and as funds become available, as a repository, clearinghouse and administrator of federal, state, local and private funds on behalf of school districts which choose to participate in special programs, projects or grants in order to enhance the quality of education in Mississippi schools.
  7. The State Board of Education shall have the authority to contract with and provide funds to regional educational service agencies for any education-related service.

HISTORY: Laws, 2004, ch. 408, § 1; Laws, 2009, ch. 344, § 1, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (6)(e) by substituting “Mississippi Institutions of Higher Learning” for “Mississippi Institutes of Higher Learning.” The Joint Committee ratified the correction at its July 22, 2010, meeting.

Amendment Notes —

The 2009 amendment added (7).

Cross References —

Mississippi Department of Education generally, see §§37-3-1 et seq.

Federal Aspects—

Tax exempt nonprofit organization in accordance with § 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

§ 37-7-346. Regional educational service agencies and State Department of Education to jointly develop a plan for increasing duties and responsibilities of the agencies.

The State Department of Education and the Regional Education Service Agencies (RESAs) shall prepare jointly a report, to be submitted before December 15, 2006, for consideration of the Legislature and Governor, detailing the plans that shall be enacted by State Board of Education policy of how RESAs will work in partnership with the State Department of Education to increase their function as a local provider of educational services and purchasing consortia as provided in Section 37-7-345(6). These services must be prescribed by policies and standards of the State Department of Education and must include, but not necessarily be limited to, professional development, instructional materials, educational technology, curriculum development, alternative educational programs, purchasing cooperatives, insurance cooperatives, business manager services, auditing and accounting services, school safety/risk prevention, data processing and student records, communications/public information, employee background checks, grants management, printing/publications and internships.

HISTORY: Laws, 2006, ch. 346, § 6; Laws, 2006, ch. 504, § 15, eff from and after July 1, 2006.

Editor’s Notes —

Laws of 2006, ch. 346, § 6, effective from and after July 1, 2006 (approved March 13, 2006), contained identical language to this section and also was directed to be codified as a new Section 37-7-346. The version contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here because it is the latest expression of legislative intent, as determined by the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Laws of 2006, ch. 504 § 1(1), codified at §37-161-1(1), provides as follows:

“Section 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Cross References —

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

Article 8. Emergency School Leasing Authority.

§ 37-7-351. Short title.

Sections 37-7-351 through 37-7-359 shall be known and may be cited as the “Emergency School Leasing Authority Act of 1986.”

HISTORY: Laws, 1986, ch. 415, § 1, eff from and after passage (approved March 31, 1986).

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this section, see §37-61-33.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 65 et seq., 92, 94, 95.

CJS.

78 C.J.S., Schools and School Districts §§ 8-13, 733 et seq.

§ 37-7-353. Legislative findings and declarations.

The Legislature finds and declares that there exists an urgent shortage of adequate public school facilities, equipment and capital with which to provide such facilities and equipment for the attainment of a satisfactory level of public education in the schools of this state, and that this situation has become a critical priority of many school districts in order to provide adequate space for kindergarten programs as mandated by the Education Reform Act of 1982. It is the purpose of Sections 37-7-351 through 37-7-359 to provide the boards of trustees of the school districts of this state with additional options with which to provide for facilities, equipment and other property necessary, in the judgment of the boards of trustees of such school districts, to properly carry out the local education needs of the local school districts.

HISTORY: Laws, 1986, ch. 415, § 2, eff from and after passage (approved March 31, 1986).

Editor’s Notes —

The Education Reform Act of 1982, referred to in this section, is Laws of 1982, 1st Ex. Sess., ch. 17. For a complete list of code sections affected by Laws of 1982, 1st Ex. Sess., ch. 17, see the Statutory Tables Volume, Table B, Allocation of Acts.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 65 et seq., 92, 94, 95.

CJS.

78 C.J.S., Schools and School Districts §§ 8-13, 733 et seq.

§ 37-7-355. Authority to transfer or permit use of property for school district purposes.

  1. Any school district by resolution of the school board is hereby empowered, without public or competitive bidding, to sell, lease, lend, grant or convey to a corporation, individual or partnership pursuant to Sections 37-7-351 through 37-7-359 or to permit such corporation, individual or partnership to use, maintain or operate as part of any public school facility, any real or personal property which may be necessary, useful or convenient for the purposes of the school district. Any such conveyances may include sale-leaseback or lease-leaseback arrangements, without the necessity of complying with the requirements of Article 9 of Chapter 7 of Title 37, Mississippi Code of 1972, or any other general laws which might be applicable thereto, with regard to disposal of surplus property. Any such sale, lease, loan, grant, conveyance or permit may be made or given with or without consideration and for a period of time not to exceed twenty (20) years for agreements entered into under any agreement and on any terms and conditions which may be approved by such school district. Provided, however, that any such sale, lease, loan, grant, conveyance or permit executed under authority of this section shall provide that title to any real property transferred by a local school district shall revert to the school district at the expiration of the term.
  2. The resolution adopted by the school board or governing authority 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 prior to the date upon which the school board or governing authority is to take final action upon the question of sale, lease, loan, grant or conveyance to an authority. If no petition requesting an election is filed prior to such meeting as hereinafter provided, then the school board or governing authority may, in its discretion, at said meeting, by resolution spread upon its minutes, give final approval to such sale, lease, loan, grant or conveyance. If at any time prior to such 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 shall be filed with the school board or governing authority requesting that an election be called on the question, then the school board or governing authority shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing such sale, lease, loan, grant or conveyance to an authority. Such election shall be called and held, and notice thereof shall be given, in the same manner as for elections upon the question of issuing bonds of school districts, and the results thereof shall be certified to the school board or governing authority. If at least three-fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of authorizing said action, then the school board or governing authority shall proceed to sell, lease, lend, grant or convey such property as prayed for in the original resolution of the school board or governing authority; however, unless at least three-fifths (3/5) of the qualified electors voting in an election vote in favor of such action, then no sale, lease, loan, grant or conveyance shall be made.

HISTORY: Laws, 1986, ch. 415, § 4, eff from and after passage (approved March 31, 1986).

Editor’s Notes —

As enacted by Laws of 1986, ch. 415, § 4, the second sentence of this section contained a reference to “Article 9 of Title 37, Mississippi Code of 1972”. By direction of the Revisor of Statutes, the second sentence has been changed to read “Article 9 of Chapter 7 of Title 37, Mississippi Code of 1972”.

Cross References —

Acquisition and disposition of school school district property, see §§37-7-401 et seq.

OPINIONS OF THE ATTORNEY GENERAL

After entering into a sale-leaseback arrangement pursuant to this section, the board of trustees of a county school district may lawfully amend the arrangement, subject to the agreement of the owner/lesser, for the sole purpose of effecting a decrease in the lease monies to be paid by the school district without advertising pursuant to subsection (2) of this section. Zachary, June 18, 1999, A.G. Op. #99-0282.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 65 et seq., 92, 94, 95.

CJS.

78 C.J.S., Schools and School Districts §§ 8-13, 733 et seq.

§ 37-7-357. Relationship of provisions with other laws.

Sections 37-7-351 through 37-7-359 are intended to be and shall be construed as being supplemental to all existing laws covering the acquisition, use and maintenance of school buildings by school districts. It is further provided that, as to school buildings constructed or leased pursuant to the provisions of Sections 37-7-351 through 37-7-359, it shall not be necessary to comply with the provisions of other laws concerning acquisition, use and maintenance of school buildings by school districts except as herein specifically required.

HISTORY: Laws, 1986, ch. 415, § 5, eff from and after passage (approved March 31, 1986).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 65 et seq., 92, 94, 95.

CJS.

78 C.J.S., Schools and School Districts §§ 8-13, 733 et seq.

§ 37-7-359. Appropriations for lease rentals; tax levies.

Any school district which shall execute a lease rental contract under the provisions of Section 37-7-301(v) after June 30, 1987 or in connection with a sale-leaseback or lease-leaseback arrangement authorized under the provisions of Section 37-7-355 shall annually appropriate sufficient monies to pay the lease rentals stipulated to be paid by such school district in the lease contract and/or lease purchase agreement, which lease contract and/or lease-purchase agreement shall constitute a general obligation of the school district. Any lease contracts entered into under the authority granted by Section 37-7-301(v) or 37-7-351 through 37-7-359 shall not be considered bonded indebtedness for purposes of the limitations of indebtedness contained in Sections 37-59-5 and 37-59-7 and shall not be subject to such limitations. Any millage being initially levied on or before July 1, 1991, to fund leases under this section shall remain in force until such time as the lease term has expired and the school district has fulfilled all of its obligations thereafter.

HISTORY: Laws, 1986, ch. 415, § 6; Laws, 1986, ch. 503; Laws, 1987, ch. 307, § 44; Laws, 1995, ch. 440, § 2, eff from and after passage (approved March 21, 1995).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 65 et seq., 92, 94, 95.

CJS.

78 C.J.S., Schools and School Districts §§ 8-13, 733 et seq.

Article 9. Acquisition and Disposition of District Property.

In General

§ 37-7-401. Acquisition of land outside of district for construction of school buildings.

In all cases where the same shall be necessary, advantageous or desirable from the standpoint of transportation, the efficiency of operating schools, or other pertinent considerations, any school district which has been reconstituted, reorganized or created under the provisions of Article 1 of this chapter may, with the prior consent and approval of the State Board of Education, acquire land outside of the boundaries of said school district and thereon construct, erect and equip any needed school building or other school facility of such school district. Any available state public school building funds, or any available funds derived from bonds issued by the school district for such purpose, or any other funds which are available to said school district for such purpose, may be expended for the construction, erecting and equipping of such a school building or school facility, all, however, subject to the prior consent and approval of the State Board of Education. Any school building or school facility so constructed outside of the boundaries of the school district owning same shall be operated, managed and supervised by the school board of the school district owning same in the same manner as though the building or facility were located within the school district, and all the laws of this state concerning the operation of schools shall be fully applicable thereto, and the school board shall have the power to specify the grades which shall be taught therein.

HISTORY: Codes, 1942, § 6328-71; Laws, 1956, ch. 266, § 1; Laws, 1986, ch. 492, § 23, eff from and after July 1, 1987.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987.

For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Regional vocational education centers, see §§37-31-71 et seq.

State aid for construction of school facilities see §§37-47-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 92, 94, 95.

16A Am. Jur. Legal Forms 2d (Rev), Schools §§ 229:102 et seq. (Acquisition and disposition of school property).

CJS.

78A C.J.S., Schools and School Districts §§ 757-760.

§ 37-7-403. Authorization of joint construction of buildings or other facilities or operation of schools by adjoining school districts.

In addition to the power and authority conferred by Section 37-7-401, two or more adjoining school districts which have been reconstituted, reorganized or created under Article 1 of this chapter may join, unite and cooperate in the construction, erecting and equipping of a school building or other school facility situated within the boundaries of either or any of the cooperating districts which is to be used jointly by the school districts uniting and joining in the construction, erecting and equipping thereof. In addition thereto, any two or more such school districts may, by appropriate written agreement join and unite in the joint operation of one or more schools, school buildings or other school facilities which have been or may be constructed, erected or equipped wholly by one of such districts. No school districts, however, shall join, unite or cooperate in the construction, erecting and equipping or contract for the joint operation of a school or joint school building unless the proposal so to do shall first be submitted to and approved by the state educational finance commission.

HISTORY: Codes, 1942, § 6328-72; Laws, 1956, ch. 266, § 2, 1960, ch. 301, § 1.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987.

For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Regional vocational education centers, see §§37-31-71 et seq.

State aid for construction of school facilities see §§37-47-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 99.

16A Am. Jur. Legal Forms 2d (Rev), Schools § 229:20 (contract for establishment for joint school system by two school districts).

CJS.

78A C.J.S., Schools and School Districts § 772.

§ 37-7-405. Agreement between boards of trustees as to joint construction of buildings or operation of schools.

When any two (2) or more adjoining school districts shall desire and propose to join, unite and cooperate in the construction, erecting and equipping of a joint school building or for the joint operation of a school or other school facility which has been or may be constructed, erected or equipped wholly by one of such districts, as authorized by Section 37-7-403, the school boards of all school districts concerned shall enter into an appropriate agreement as to the location and site of said school building, the manner of providing funds to defray the operating expenses thereof, the grades to be taught therein, the proportion or amount of funds for the construction, erecting and equipping of said school building to be paid or contributed by each district, the proportionate ownership of such building by each district, and all other material and pertinent considerations. In the event the school building or facility involved has been or is to be constructed, erected and equipped entirely by one of such districts, acting alone, the contract may provide that the entire ownership of the building and equipment therein shall be in the school district so constructing, erecting and equipping same.

HISTORY: Codes, 1942, § 6328-73; Laws, 1956, ch. 266, § 3; Laws, 1960, ch. 301, § 2; Laws, 1986, ch. 492, § 24, eff from and after July 1, 1987.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

State aid for construction of school facilities, see §§37-47-1 et seq.

§ 37-7-407. Approval of agreements of boards of trustees as to joint construction of buildings or operation of schools.

Such contract or agreement provided for in Section 37-7-405, shall be transmitted to the state educational finance commission which shall consider and pass upon same from the standpoint of whether or not same will promote the welfare of the school districts involved and the efficiency of the operation of the schools thereof. If said agreement shall be approved by the said state educational finance commission, then the school districts involved shall be authorized to proceed as set forth in said agreement. If, however, the state educational finance commission shall disapprove said agreement then the school districts involved shall not be authorized to proceed thereunder. Any such agreement, with the prior consent and approval of the state educational finance commission, may be altered or amended from time to time as circumstances require.

HISTORY: Codes, 1942, § 6328-73; Laws, 1956, ch. 266, § 3; Laws, 1960, ch. 301, § 2.

Editor’s Notes —

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

State aid for construction of school facilities, see §§37-47-1 et seq.

§ 37-7-409. Expenditure of funds for joint construction of buildings or operation of schools; applicable laws; levy of taxes.

  1. When any school districts shall be authorized to unite, join and cooperate in the construction, erecting and equipping of a joint school building or school facility or in the joint operation of a school erected, constructed and equipped entirely by one of such districts, any school district so authorized may, with the prior consent and approval of the State Board of Education, expend in the construction, erecting and equipping of such joint school building or the school building which is to be jointly operated any available state public school building funds, or any available funds derived from bonds issued by such school district for such purpose, or any other funds which are otherwise available to such school district for such purpose, as is set forth and stipulated in the agreement entered into between the school districts involved. Except as is herein specifically provided all provisions of law relative to the construction, erecting and equipping of school buildings, the acquisition of land therefor, and the expenditure of funds for such purposes, shall be fully applicable to any joint school building which has been or is to be constructed, erected and equipped or which is to be operated jointly pursuant to an agreement entered into under the provisions of Section 37-7-405.
  2. When a contract is made and entered into for the construction, erecting and equipping of joint school facilities or the joint operation of school facilities erected, constructed and equipped entirely by one of such districts, as provided in Section 37-7-405, and where such contract has been approved by the State Board of Education, then any funds which are available for the lawful operating and incidental expenses of a school district may be expended by such school district as provided and stipulated in the agreement entered into between the school districts involved (including, but not limited to, funds for payment of tuition, funds payable as a rental upon the use of the building and equipment, and funds for maintenance and incidental costs of operation). The levying authority for the school district, as defined in Section 37-57-1, upon receipt of a certified copy of an order adopted by the school board of the school district in the county requesting same, shall at the same time and in the same manner as other ad valorem taxes are levied, levy an annual tax in the amount fixed in such order as may be required to meet any monetary obligation incurred under such contract. Notwithstanding any statute to the contrary, such number of mills as is necessary to defray any such contractual obligation shall be levied. However, this provision shall in no way be construed to increase the number of mills now reimbursable under the homestead exemption laws of the State of Mississippi.
  3. Before levying any taxes under the provisions of this section, which levy would exceed the limitations otherwise provided for school purposes, the levying authority for the school district, as defined in Section 37-57-1, shall adopt a resolution declaring its intention so to do, stating the amount of millage to be levied and the purpose for which the proceeds are to be used, and the date upon which it proposes to make such levy. Such resolution shall be published once a week for not less than three (3) consecutive weeks, in at least one (1) newspaper having general circulation in the school district. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the levying of taxes, and the last publication shall be made not more than seven (7) days prior to such date. If within fifteen (15) days after the final publication of said resolution, a petition signed by the lesser of fifteen hundred (1500) or twenty percent (20%) of the qualified electors of said school district, requesting an election on the proposition of levying such additional taxes for school purposes is filed with the clerk of the board of supervisors or the clerk of the municipality, as the case may be, such levy shall not be made until an election shall be held to determine whether or not three-fifths (3/5) of qualified electors of said school district shall favor the additional levy for school purposes. If three-fifths (3/5) of the qualified electors of said school district voting in such election approves the levying of the additional taxes, then the levy shall be made within the manner, form and time as required by law. If no such petition is filed with the clerk as herein provided, then said levy shall be made by the levying authority in the manner, form and time as required by law. If any election is held under the provisions of this section, said election shall be under the supervision of the county or municipal election commission, as the case may be, in the manner, form and time as required by law for conducting general elections in this state.

HISTORY: Codes, 1942, § 6328-74; Laws, 1956, ch. 266, § 4; Laws, 1960, ch. 301, § 3; Laws, 1968, ch. 386; Laws, 1986, ch. 492, § 25, eff from and after July 1, 1987.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (3). The word “muncipality” was changed to “municipality”. The Joint Committee ratified the correction at its December 3, 1996 meeting, and the section has been reprinted in the supplement to reflect the corrected language.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Regional vocational education centers, see §§37-31-71 et seq.

State aid for construction of school facilities, see §§37-47-1 et seq.

§ 37-7-411. Agreement as to control over joint school operation or building; applicable laws.

Subject to the prior consent and approval of the State Board of Education, the school boards of all school districts involved shall be authorized to agree as to which of the school boards shall have the power to operate, manage, govern and control any joint school or school building, constructed, erected and equipped or which is to be operated jointly under the provisions of Section 37-7-403, or, in the alternative, such boards may agree that all of such boards, acting jointly, or a joint board established and constituted in such manner as shall be agreed upon, shall have the power to operate, manage, govern and control any such school or school building. The board so agreed upon and constituted shall have the full power and authority to govern, supervise, manage and control such joint school building in the same manner and to the same extent as though said school was a regular school of such school district. All pertinent provisions of the school laws of this state shall be fully applicable to joint schools established, constructed, erected and equipped or which are to be jointly operated under the provisions of Section 37-7-403, except that the eligible children of all school districts joining and cooperating in the establishment and/or operation of such joint school who are assigned to such school by the school board of the district in which they reside shall be eligible to and shall attend such school.

HISTORY: Codes, 1942, § 6328-75; Laws, 1956, ch. 266, § 5; Laws, 1960, ch. 301, § 4; Laws, 1986, ch. 492, § 26, eff from and after July 1, 1987.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Regional vocational education centers, see §§37-31-71 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Neither Section 37-13-92 nor Sections 37-7-411 and 37-7-413 allows creation of separate legal entities or school districts when authority was granted to establish alternative school programs or jointly operate school; only Legislature can create autonomous school district as legal entity; school districts have no such power and bring no such power to interlocal agreement; no school district participant has authority to relieve itself of responsibility for operation of alternative school program through interlocal agreement. Yoder Oct. 6, 1993, A.G. Op. #93-0685.

§ 37-7-413. Powers included within power to construct, erect, and equip school buildings.

The power granted to any school district to construct, erect and equip school buildings under any of the provisions of Sections 37-7-401 through 37-7-411 shall include also the power to acquire by purchase, donation or otherwise existing buildings, and the power to enlarge, make additions to, renovate and remodel existing buildings. School districts may issue bonds or other evidence of debt in the manner and subject to the limitations otherwise provided by law for constructing, erecting, equipping, acquiring, enlarging, making additions to, renovating and remodeling school buildings under the provisions of said sections.

HISTORY: Codes, 1942, § 6328-76; Laws, 1956, ch. 266, § 6.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

State aid for construction of school facilities, see §§37-47-1 et seq.

Roads, driveways and parking areas on school district property, and expenditure of funds for their construction and upkeep, see §65-7-74.

OPINIONS OF THE ATTORNEY GENERAL

Neither Section 37-13-92 nor Sections 37-7-411 and 37-7-413 allows creation of separate legal entities or school districts when authority was granted to establish alternative school programs or jointly operate school; only Legislature can create autonomous school district as legal entity; school districts have no such power and bring no such power to interlocal agreement; no school district participant has authority to relieve itself of responsibility for operation of alternative school program through interlocal agreement. Yoder Oct. 6, 1993, A.G. Op. #93-0685. 1993, A.G. Op. #93-0709.

Where the cost for a field house donated to a school district was secured, in part, by a personal note executed by private citizens, no statutory authority would empower the district to assume and pay the debt, even though it was incurred for the benefit of the district. Reed, Mar. 18, 2005, A.G. Op. 05-0108.

§ 37-7-415. Effect of extension of municipal corporate limits.

Notwithstanding the provisions of Section 37-7-611, or the provisions of any other applicable statute, the extension of the corporate limits of a municipality so as to include a school building constructed or operated under the provisions of Sections 37-7-403 through 37-7-411, which was theretofore outside of said corporate limits, shall not affect the ownership of the school building or buildings involved or the land on which it is located or any school facilities connected therewith. All such buildings and other property shall, notwithstanding the extension of said corporate limits, remain the property of the school district or districts theretofore owning same, and the provisions of said Section 37-7-611, shall be wholly inapplicable except that the territory which is included within the corporate limits of the municipality as a result of the extension of such limits, other than the said school building or buildings, the land on which it or they are located, or any school facilities connected therewith referred to above, shall become a part of the municipal separate school district, if there be such a municipal separate school district, and the territory not so included within the corporate limits of the municipality shall remain within the school district of which it was a part at the time of such extension of the corporate limits. If the land on which such school building and other school facilities are situated is sixteenth section land, the ownership of said buildings and other property shall likewise not be affected by the extension of the corporate limits of the municipality except as is herein expressly provided.

HISTORY: Codes, 1942, § 6328-76.5; Laws, 1960, ch. 301, § 5.

Editor’s Notes —

Section 37-7-611, which is referred to in this section, was repealed by Laws, 1986, ch. 492, § 47, eff from and after July 1, 1987.

Cross References —

Extension or contraction of municipal corporate boundaries, see §§21-1-27 through21-1-41.

Abolition, reorganization or alteration of school district by school board, see §§37-7-103 through37-7-115.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

JUDICIAL DECISIONS

1. In general.

The legislature has recognized that municipal school districts may be affected by the extension of city boundaries. In re Extension of Boundaries of Gulfport, 253 Miss. 738, 179 So. 2d 3, 1965 Miss. LEXIS 1041 (Miss. 1965).

§ 37-7-417. Authorization for agreements between school districts to establish regional high schools; establishment and powers of boards of trustees.

The various school districts of this state are authorized to enter into agreements between such school districts providing for the construction or operation of regional high school centers. Any such agreement shall be subject to the approval of the State Board of Education. Any such agreement may, among other provisions, provide for the method of financing the construction and operation of such facilities, the manner in which such facilities are to be controlled, operated and staffed, and the basis upon which students are to be admitted thereto and transportation provided for students in attendance therein. Any such agreement or any subsequent modification thereof shall be spread at large upon the minutes of each party thereto after having been duly adopted by the school board of each school district.

Such agreements may provide for the establishment of boards of trustees of such high school centers to be made up of representatives of the school boards of the school districts which may be parties thereto. Said school boards of the school districts to such agreement may delegate any and all powers of said trustees as may be necessary or desirable for the operation of any such regional high schools to the board of trustees of any such center so created, except for the power to request or require the levy of taxes or the power to issue or require the issuance of any bonds, notes or other evidences of indebtedness, or to call for an election on the question of the issuance thereof.

HISTORY: Laws, 1993, ch. 369, § 1, eff from and after July 1, 1993.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

State aid for construction of school facilities, see §§37-47-1 et seq.

School bonds and obligations generally, see §§37-59-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 53 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 101-106.

§ 37-7-419. Authorization for appropriation and expenditure of funds for regional high schools; disbursements; evidences of indebtedness; fiscal agent, contracting party.

The various school districts which may become parties to any such agreement are authorized to appropriate and expend for the purposes thereof any and all funds which may be required to carry out the terms of any such agreement from any funds available to any such party to such an agreement not otherwise appropriated without limitation as to the source of such funds, including minimum foundation program funds, sixteenth section funds, funds received from the federal government or other sources by way of grant, donation or otherwise, and funds which may be available to any such party through the State Department of Education or any other agency of the state, regardless of the party to such agreement designated thereby to be primarily responsible for the construction or operation of any such regional high school center and regardless of the limitation on the expenditure of any such funds imposed by any other statute. However, no such funds whose use was originally limited to the construction of capital improvements shall be utilized for the purpose of defraying the administrative or operating costs of any such center. Any one or more of the parties to such an agreement may be designated as the fiscal agent or contracting party in carrying out any of the purposes of such agreement, and any and all funds authorized to be spent therefor by any of the said parties may be paid over to the fiscal agent or contracting party for disbursement by such fiscal agent or contracting party. Such disbursements shall be made and contracted for under the laws and regulations applicable to such fiscal or disbursing agent. All of the school district parties to any such agreement may issue bonds, negotiable notes or other evidences of indebtedness for the purpose of providing funds for the acquisition of land and for the construction of buildings and permanent improvements under the terms of any such agreement under any existing laws authorizing the issuance or sale thereof to provide funds for any capital improvement.

HISTORY: Laws, 1993, ch. 369, § 2, eff from and after July 1, 1993.

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

State aid for construction of school facilities, see §§37-47-1 et seq.

School bonds and obligations, generally, see §§37-59-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 120, 122.

CJS.

78 C.J.S., Schools and School Districts §§ 101-106.

Exchange of School Property

§ 37-7-431. Authorization of acquisition and disposition of school property by exchanges; exchanges subject to approval of chancery court; hearing.

Whenever the school board of any school district shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes, (a) that it shall need other lands located within the school district for school purposes, (b) that the district owns lands of equal value to such needed lands which could be exchanged for such needed lands, (c) that the value of the two (2) tracts is equal according to qualified appraisals, and (d) that the owners of the other lands are agreeable to such exchange, the school board of such school district shall be authorized and empowered, in its discretion, to negotiate a trade of lands upon such terms and conditions as the school board may, in its discretion, deem proper in consideration of the needs of the district and of the benefits which will inure to the said school district.

Any such trade of lands shall be subject to approval by the chancery court of the county in which the school lands lie. Notice of the hearing before the chancery court shall be published in a newspaper of general circulation in the school district for three (3) consecutive weeks, the first notice to be at least thirty (30) days prior to the hearing.

HISTORY: Codes, 1942, § 6328-121; Laws, 1966, Ex Sess, ch. 30, § 1; Laws, 1977, ch. 359; Laws, 1986, ch. 492, § 27; Laws, 1989, ch. 550, § 1; Laws, 2000, ch. 370, § 3, eff from and after July 1, 2000.

Amendment Notes —

The 2000 amendment substituted “need other lands located within the school district” for “need lands adjoining the school grounds” in item (a), and substituted “other lands” for “adjacent lands” in item (d) of the first paragraph.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 92, 94, 95.

16A Am. Jur. Legal Forms 2d (Rev), Schools §§ 229:102 et seq. (acquisition and disposition of school property).

CJS.

78A C.J.S., Schools and School District §§ 733 et seq.

§ 37-7-433. Execution of conveyance of school property by president and secretary of board.

Upon being authorized by a resolution of the school board as is provided by Section 37-7-431, the president and secretary shall be authorized and empowered to execute, for and on behalf of the school district, a conveyance of the school property for the purposes, upon the terms and conditions provided and specified by the school board, and for the consideration of the execution of a deed to the lands exchanged. It shall not be necessary or requisite that competitive bids be advertised for or received in connection with such exchange of property.

HISTORY: Codes, 1942, § 6328-122; Laws, 1966, Ex Sess, ch. 30, § 2; Laws, 1986, ch. 492, § 28; Laws, 1989, ch. 550, § 2; Laws, 2000, ch. 370, § 1, eff from and after July 1, 2000.

Amendment Notes —

The 2000 amendment deleted “adjoining ” following “deed to the.”

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

§ 37-7-435. Conveyance of exchanged lands to school board members.

The lands shall be conveyed by warranty deed to the school board members or their successors in office of the school district. Said lands shall be conveyed by fee simple absolute.

HISTORY: Codes, 1942, § 6328-123; Laws, 1966, Ex Sess, ch. 30, § 3; Laws, 1986, ch. 492, § 29; Laws, 1989, ch. 550, § 3; Laws, 2000, ch. 370, § 2, eff from and after July 1, 2000.

Amendment Notes —

The 2000 amendment deleted “adjoining” preceding “lands” twice.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

§ 37-7-437. Relationship of provisions with other laws.

It is the intent of the legislature that Sections 37-7-431 through 37-7-435 shall authorize a new and different method of disposing of school lands in exchange for lands of equal value and shall not be construed to be in conflict with Sections 37-7-451 through 37-7-457, Sections 37-7-471 through 37-7-483, or Sections 37-7-501 through 37-7-511, which deal with sales of school property no longer needed for school purposes.

HISTORY: Codes, 1942, § 6328-124; Laws, 1966, Ex Sess, ch. 30, § 4, eff from and after passage (approved December 30, 1966).

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Disposition of Property Not Needed for School Purposes

§ 37-7-451. Authorization of sale of property not used for school purposes.

When any school district shall own any land, buildings or other property that is not used for school or related school purposes and not needed in the operation of the schools of the district, the school board of such school district may sell and convey such land, buildings or other property in the manner provided in Sections 37-7-453 through 37-7-457.

HISTORY: Codes, 1942, § 6328-41; Laws, 1953, Ex Sess, ch. 28, § 1; Laws, 1960, ch. 305; Laws, 1986, ch. 492, § 30, eff from and after July 1, 1987.

Editor’s Notes —

Section 37-7-453 referred to in this section was repealed by Laws, 1993, ch. 607, § 1, eff from and after April 15, 1994.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Provisions authorizing sales of property belonging to agricultural high school which is not used for school purposes, see §37-27-43.

Provisions authorizing sales of property belonging to junior college which is not used for school purposes, see §37-29-75.

Execution of quitclaim deeds and disclaimers of title by school district boards of trustees where questions of title have arisen with reference to sale procedure or the like, see §89-1-25.

OPINIONS OF THE ATTORNEY GENERAL

To deed property donated for use as, but no longer used as, school back to widows of donors with no consideration would conflict with Section 66 of Mississippi Constitution regarding granting of donation or gratuity; school district must advertise property for sale upon competitive bids. Young, Nov. 4, 1992, A.G. Op. #92-0822.

Sections 37-7-451 et seq. and 37-7-471 et seq. set forth the methods by which a school district may dispose of property which is not needed for school purposes. The Department of Archives and History may acquire the property upon making a determination that it is significant for historical, architectural, archaeological or cultural reasons pursuant to Section 39-5-5(d). Hilliard, April 27, 1995, A.G. Op. #95-0012.

There exists ample authority for a school district to convey real property; however, such a sale requires a finding that the real property is not used for school or related purposes and is not needed in the operation of the schools of the district. Sanders, Feb. 11, 2000, A.G. Op. #2000-0050.

A school district could make a direct sale of property to the General Services Administration for use as a United States District Courthouse pursuant to Section 3-5-1, and was not required to follow the procedures and provisions of Sections 37-7-451 et seq. and 37-7-471 et seq. so long as fair market value was obtained for the property. Dukes, March 31, 2000, A.G. Op. #2000-0171.

A school board may not sell property without a reverter clause, unless the sale is done according to the bidding process set forth in §§37-7-451 through37-7-457. Jones, Apr. 29, 2004, A.G. Op. 04-0164.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763, 775, 776.

JUDICIAL DECISIONS

1. In general.

Deeds executed by the trustees of a school district which has been merged with another, of school house property, are ineffective. McInnis v. Board of Education, 242 Miss. 412, 135 So. 2d 180, 1961 Miss. LEXIS 577 (Miss. 1961).

§ 37-7-453. Repealed.

Repealed by Laws, 1993, ch. 607, § 1, eff from and after April 15, 1994.

[Codes, 1942, § 6328-42; Laws, 1953, Ex Sess, ch. 28, § 2; Laws, 1986, ch. 492, § 31; Laws, 1993, ch. 607, § 1]

Editor’s Notes —

Former §37-7-453 provided for procedures for sale of property.

§ 37-7-455. Advertising of sale; conduct of sale; execution of conveyance; reservation of certain interests; disposal of personal property.

  1. Any land, buildings or other property that is not used for school purposes and which is not needed in the operation of the schools of the district may be sold in the manner established in this section but only after each charter school located in the school district has notified the school board that it is not exercising its right of first refusal on the property, as provided under Section 37-28-61. Except as otherwise provided in subsections (2) and (3) of this section, all such land, buildings or other property shall be sold only after the receipt of sealed bids therefor after the time and place of making such sale has been duly advertised in some newspaper having a general circulation in the county in which the property is located once each week for three (3) consecutive weeks with the first publication to be made not less than fifteen (15) days prior to the date upon which such bids are to be received and opened. The property shall be sold to the highest and best bidder for cash, but the school board shall have the right to reject any and all bids. If the property is not sold pursuant to such advertisement, the school board, by resolution, may set a date for an open meeting of the school board to be held within sixty (60) days after the date upon which the bids were opened. At the meeting held pursuant to such resolution, the school board may sell by auction the property for a consideration not less than the highest sealed bid previously received pursuant to the advertisement. At the meeting, any interested party may bid for cash, and the property shall be sold to the highest and best bidder for cash, but the school board shall have the right to reject any and all bids. The school board may require a written confirmation of bids received at such called meeting before selling the property at auction, but it shall not be necessary that sealed bids be received before conducting the auction.
  2. As an alternative to the procedures established under subsection (1) of this section, the school board of a school district may elect, in its discretion, to sell by public auction any property, other than real property or buildings of the school district, which is not used for school or related school purposes and not needed in the operation of the schools, according to the procedure in Section 17-25-25, except as otherwise provided under Section 37-7-459.
  3. As an alternative to the procedures established under subsection (1) or (2) of this section, the county board of education of a county having a population in excess of ten thousand (10,000) according to the 2000 decennial census and in which U.S. Highway 45 intersects with Mississippi Highway 16, may elect, in its discretion, to transfer and sell the buildings of the school district and the real property upon which the buildings are located which are not used as school facilities or for school-related purposes and not needed in the operation of the schools, after advertising for and receiving competitive bids for the sale of such property. If any bid is offered by a nonprofit 501(c) (3) entity which has made substantial improvements to the buildings, the fair market value of the improvements shall be deemed to be consideration for, a part of, the bid offered by the entity. In this case, the school board shall enter a finding on its minutes that the nonprofit entity has made substantial improvements to the property and the property is no longer needed for school district purposes.
  4. When the sale of such property is authorized and approved by the school board, the president of the school board shall be authorized and empowered to execute a conveyance of the property upon the terms and for the consideration fixed by the board. The school board shall reserve unto the district all oil, gas and minerals in, on or under the land, and all proceeds derived from royalties upon the reserved mineral interests shall be used as provided by Section 37-7-457.

HISTORY: Codes, 1942, § 6328-43; Laws, 1953, Ex Sess, ch. 28, § 3; Laws, 1986, ch. 492, § 32; Laws, 2000, ch. 481, § 2; Laws, 2000, ch. 593, § 10; Laws, 2010, ch. 534, § 1; Laws, 2012, ch. 499, § 4; Laws, 2013, ch. 497, § 50; Laws, 2015, ch. 339, § 2, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 2 of ch. 481, Laws of 2000, effective from and after its passage (approved April 25, 2000), amended this section. Section 10 of ch. 593, Laws of 2000, effective from and after its passage (approved May 20, 2000), also amended this section. As set out above, this section reflects the language of Section 10 of ch. 593, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 2000 amendment (ch. 481) inserted present (2) and designated the former first paragraph as present (1) and the former second paragraph as present (3); added “Except as otherwise provided in subsection (2) of this section,” and deleted “called pursuant to said resolution” following “At the meeting” in (1); and made minor stylistic changes throughout the section.

The second 2000 amendment (ch. 593) made the same changes as the first 2000 amendment (ch. 481); and added “disposal of personal property” to the end of the section heading.

The 2010 amendment inserted “and (3)” in the first sentence in (1); added (3); and redesignated former (3) as (4), and therein, in the last sentence, deleted “at least an undivided one-half (1/2) nonparticipating royalty interest in” following “reserve unto the district” and “if the mineral interests of the district are less than the full and undivided ownership, the undivided royalty interest reserved by the district shall be reduced proportionately” from the end.

The 2012 amendment inserted “according to the procedure in Section 17-25-25” at the end of the first sentence and deleted the former last six sentences in (2), which pertained to auction procedures.

The 2013 amendment added the first sentence in (1).

The 2015 amendment, added the exception at the end of (2).

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

OPINIONS OF THE ATTORNEY GENERAL

An appraisal is but an opinion and not necessarily conclusive. Therefore if, in its discretion, the school board, considering all relevant factors, finds on its minutes consistent with fact that a bid received following advertisement or a bid received at auction under Section 37-7-455 represents fair market value, then the board may make such an award. Van Slyke, April 7, 1995, A.G. Op. #95-0186.

Provided the mandates of §§37-7-451 et seq. are met and a city is the successful bidder on an elementary school, the school district and the city can enter an appropriate interlocal agreement for the sale of the property and lease-back by the school district upon a finding spread across their respective minutes. Adams, July 18, 2002, A.G. Op. #02-0368.

Where a city acquired property from a school district pursuant to Section 37-7-471, it may not sell the property directly to an individual, but must comply with the procedure as outlined in Sections 37-7-479 and 37-7-455. Treadway, Feb. 2, 2006, A.G. Op. 05-0061.

JUDICIAL DECISIONS

1. In general.

Miss. Code Ann. ch. II, tit. 37, and Miss. Code Ann. §§37-7-471 through37-7-483, do not apply to sixteenth section lands. The only reasonable interpretation of the statutes under said chapter is that they apply to property to which the school district actually holds title; school districts do not hold title to sixteenth section lands and title resides in the State. Clark v. Stephen D. Lee Found., 887 So. 2d 798, 2004 Miss. LEXIS 1413 (Miss. 2004).

§ 37-7-457. All sales to be for cash; disposition of proceeds of sale.

All conveyances of property under the authority of Section 37-7-455 shall be for a cash consideration. The proceeds of such sale shall be placed in the maintenance fund of the school district. However, if any sale embraces realty, and the school district selling same owes outstanding bonds or notes, then in that event the proceeds of such sale shall be placed to the credit of the bond and interest sinking fund of such school district, or used to construct, renovate or purchase, under provisions elsewhere provided by law, similar type property or property of comparable value at attendance centers to be used for the same or other reasonably necessary purposes.

HISTORY: Codes, 1942, § 6328-44; Laws, 1953, Ex Sess, ch. 28, § 4; Laws, 1964, ch. 392; Laws, 1973, ch. 311, § 1, eff from and after passage (approved March 2, 1973).

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

OPINIONS OF THE ATTORNEY GENERAL

A school district that sells surplus real property and has outstanding bonds and notes may use the proceeds of the sale of surplus real property for erecting, renovating, and equipping schools and related facilities and for the purchase of land therefor. Wallace, Dec. 3, 1999, A.G. Op. #99-0640.

Proceeds of the sale of surplus real property may not be used for personnel expenses. Wallace, Dec. 3, 1999, A.G. Op. #99-0640.

Proceeds of the sale of surplus property that are to be used for construction, renovation, or purchase of property need not be be placed in any specialized fund or account. Wallace, Dec. 3, 1999, A.G. Op. #99-0640.

A school district may use the proceeds from the sale of a land site, determined by the school board to be surplus land, to the credit of a bond and interest sinking fund or for school construction. Stewaart, Oct. 31, 2003, A.G. Op. 03-0460.

§ 37-7-459. Sale of computers, peripheral equipment and adaptive devices to certain students; qualifications of students; disposition of proceeds.

  1. Upon a resolution duly adopted by a majority of its members, the board of trustees of local public school districts may adopt a policy authorizing the sale of computers, peripheral equipment and adaptive devices to students to whom such devices and equipment have been issued during the course of an academic school year. However, the sale of computers by a public school district shall be limited to those students enrolled in Grade 12, who are in possession of a district-issued computer device or equipment, and who have satisfied all the requirements for graduation, as established by the school district. Students meeting the criteria established in this paragraph who verify to the school of enrollment before graduation an official document of acceptance to any Mississippi two-year or four-year college or university, whether public or private, shall be required to pay One Dollar ($1.00) for the cost of the district-issued computer device or peripheral equipment or adaptive device. Students meeting the requirements of this section who cannot sufficiently verify acceptance to a Mississippi two-year or four-year college or university shall be required to pay Seventy-five Dollars ($75.00) for the cost of the district-issued computer device or peripheral equipment. Verification of college acceptance must be submitted before the deadline for finalizing graduation eligibility established by each school district adopting a policy authorizing the sale of such devices to students.
  2. All sales shall be final and without warranty of merchantability, given the prior and extended use of the computer, equipment or adaptive device by the purchasing student. All proceeds received from the sale of property authorized under paragraph (1) of this section shall be deposited into the school maintenance fund as provided under Section 37-7-457.
  3. For purposes of this section the term “school board” also means the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board. As used in this section, the term “school of enrollment” also means a charter school.

HISTORY: Laws, 2015, ch. 339, § 1, eff from and after July 1, 2015.

Disposition of Property Not Needed for School Purposes; Additional Method

§ 37-7-471. Authorization of sale, lease, etc., of property not used for school purposes; terms, conditions and consideration of sale.

Whenever the school board of any school district shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes:

That any school building, land, property or other school facility is no longer needed for school or related purposes and is not to be used in the operation of the schools of the district, or that such school building, land, property or other school facility may yield a higher long-term economic value to the district, in the discretion of the local school board;

That the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the school district; and

That the use of the school building, land, property or other school facility for the purpose for which it is to be sold, conveyed or leased will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof, the school board of such school district shall be authorized and empowered, in its discretion, and upon the terms and conditions set forth in Section 37-7-477, to sell, convey, lease or otherwise dispose of same for any of the purposes set forth herein. Such sale, conveyance, lease or other disposition, including retention of partial interest, or undivided interest or other ownership interest, shall be made upon such terms and conditions and for such consideration, nominal or otherwise, as the school board may, in its discretion, deem proper in consideration of the benefits which will inure to the school district or the community in which the school building, property or other facility is located by the use thereof for the purpose for which it is to be sold, conveyed, leased or otherwise disposed of. The authority conferred by Sections 37-7-471 through 37-7-483 may be exercised by a school board in the sale, conveyance or lease of relocatable classrooms to the school board of another school district. Said sections without reference to another statute shall be deemed full and complete power for the exercise of the authority conferred hereby.

HISTORY: Codes, 1942, § 6328-103; Laws, 1958, ch. 596, § 3; Laws, 1986, ch. 492, § 33; Laws, 1990, ch. 535, § 5; Laws, 2005, ch. 540, § 3, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment added “or that such school building, land, property or other school facility may yield a higher long-term economic value to the district, in the discretion of the local school board” at the end of (a); inserted “including retention of partial interest or undivided interest or other ownership interest” in the second sentence of (c); and made stylistic changes throughout the section.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

OPINIONS OF THE ATTORNEY GENERAL

County Board of Education may sell, lease, convey or otherwise dispose of school building in question for such consideration, nominal or otherwise, and such terms and conditions as would confer benefits to either school district or community, if school board first finds that requirements set forth in Section 37-7-471 have been met. Young, July 22, 1992, A.G. Op. #92-0535.

Sections 37-7-451 et seq. and 37-7-471 et seq. set forth the methods by which a school district may dispose of property which is not needed for school purposes. The Department of Archives and History may acquire the property upon making a determination that it is significant for historical, architectural, archaeological or cultural reasons pursuant to Section 39-5-5(d). Hilliard, April 27, 1995, A.G. Op. #95-0012.

The proposed sale of school property to a public hospital for health care related uses falls within the permitted uses outlined in Sections 37-7-471 and 37-7-473. Galloway, October 18, 1995, A.G. Op. #95-0673.

Section 37-7-471 et seq. are not designed for and cannot effectively convey unencumbered title to homes for private individuals. Golden, October 25, 1996, A.G. Op. #96-0670.

A county board of supervisors does not have the power to lease real property from a school district for the purpose of subsequently subleasing the property to citizens of the county to be used as a community recreational facility. Lamar, July 18, 1997, A.G. Op. #97-0429.

Quitman County School District may convey, without a bidding process, property to the county which will in turn convey the property to an economic development district which will lease the property to a private assisted living facility because the conveyance will promote the general welfare goals of the statute. Scripper, March 20, 1998, A.G. Op. #98-0129.

If property is subject to a present lease with the term expiring in the future, the school district may acquire the property subject to the lease. Bryant, January 15, 1999, A.G. Op. #98-0725.

A school district could make a direct sale of property to the General Services Administration for use as a United States District Courthouse pursuant to Section 3-5-1, and was not required to follow the procedures and provisions of Sections 37-7-451 et seq. and 37-7-471 et seq. so long as fair market value was obtained for the property. Dukes, March 31, 2000, A.G. Op. #2000-0171.

There exists ample authority for a school district to convey real property; however, such a sale requires a finding that the real property is not used for school or related purposes and is not needed in the operation of the schools of the district. Sanders, Feb. 11, 2000, A.G. Op. #2000-0050.

A school board does not have authority to release its reversionary interest to property to a non-profit entity in order to allow the conveyance of the property to a church, even if any funds from that conveyance would be used for the support of a volunteer fire protection district. Carnathan, Oct. 25, 2001, A.G. Op. #01-0649.

County Board of Education has authority to convey property to a town by whatever terms are deemed appropriate by the Board, providing the Board makes the proper factual findings as described in Section 37-7-471, and records those findings in the minutes. Phillips, Jan. 3, 2003, A.G. Op. #02-0757.

This section and §37-7-477 are adequate authority for a county board of education to convey property to a rural water association in exchange for consideration of a fire hydrant, water meter and necessary hookup supplies, providing the board makes the proper factual findings as described in this section and records those findings in the minutes. Maples, Mar. 28, 2003, A.G. Op. #03-0146.

A school board has the authority to sell property for any amount it deems proper. Consequently, it may apportion the value of the property in order to come up with the amount it desires for the sale of the property. Jones, Apr. 29, 2004, A.G. Op. 04-0164.

Upon making the appropriate findings of fact pursuant to Sections 37-7-471 through 37-7-483, a school board is empowered to enter into a lease with any of the persons or entities as stated in these sections as the board thinks best without a bidding process and may either sell or lease property for a nominal consideration provided that the instrument used for the transaction contains a reverter clause. Connell, Oct. 14, 2005, A.G. Op. 05-0459.

A school district may approve permits for individuals to place FEMA trailers on school property after making the findings required by Section 37-7-471. Sessoms, Dec. 9, 2005, A.G. Op. 05-0559.

Where a city acquired property from a school district pursuant to Section 37-7-471, it may not sell the property directly to an individual, but must comply with the procedure as outlined in Sections 37-7-479 and 37-7-455. Treadway, Feb. 2, 2006, A.G. Op. 05-0061.

A school district may convey property without monetary consideration provided that the instrument used for the transaction contains a reversionary clause stating that if the property ceases to be used for Section 37-7-473 uses for which it was conveyed, it will revert to the school district. Maples, May 19, 2006, A.G. Op. 06-0179.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 110 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761.

JUDICIAL DECISIONS

1. In general.

2. Power of trustees of merged district.

1. In general.

Miss. Code Ann. §§37-7-471 through37-7-483, do not apply to sixteenth section lands. The only reasonable interpretation of the statutes under said chapter is that they apply to property to which the school district actually holds title; school districts do not hold title to sixteenth section lands and title resides in the State. Clark v. Stephen D. Lee Found., 887 So. 2d 798, 2004 Miss. LEXIS 1413 (Miss. 2004).

School board simply had no authority to lease sixteenth section land to the foundation for $ 1.00 per year because the nominal rental was insufficient and amounted to an unconstitutional donation; the board was directed to come to a mutually beneficial resolution and create a lease with the foundation comporting with constitutional and statutory guidelines on fair terms given the non-profit, civic objectives, and means of the foundation. Clark v. Stephen D. Lee Found., 2003 Miss. LEXIS 148 (Miss. Apr. 3, 2003), op. withdrawn, sub. op., 887 So. 2d 798, 2004 Miss. LEXIS 1413 (Miss. 2004).

In view of the statutory authorization of the use of school buildings for civic and community purposes, the title to land acquired for a school building does not revert to the grantor upon the discontinuance of school uses, where the building is used as a community center and voting place. McGee v. Chickasaw County School Board, 239 Miss. 5, 120 So. 2d 778, 1960 Miss. LEXIS 260 (Miss. 1960).

2. Power of trustees of merged district.

Deeds executed by the trustees of a school district which has been merged with another, of school house property, are ineffective. McInnis v. Board of Education, 242 Miss. 412, 135 So. 2d 180, 1961 Miss. LEXIS 577 (Miss. 1961).

§ 37-7-473. Persons to whom property may be disposed; authorized uses.

School buildings, land, property and related facilities may be sold, conveyed, leased or otherwise disposed of under Sections 37-7-471 through 37-7-483, to any charter school, to any group of persons, to any association, club or corporation, or to any county, municipality or other political subdivision, to be used as a charter school facility, to be used as a civic, community, recreational or youth center, or to be used by any county or district fair association in connection with its activities, or to be used for church purposes, or to be used as a library or other public building, or to be used as a factory or otherwise in connection with an industrial enterprise, or to be used as part of a development activity to stimulate economic development activities within the district, or to enhance property values within the district, or to be used for any similar or related purpose or activity.

HISTORY: Codes, 1942, § 6328-104; Laws, 1958, ch. 596, § 4; Laws, 2005, ch. 540, § 4; Laws, 2013, ch. 497, § 51, eff from and after July 1, 2013.

Amendment Notes —

The 2005 amendment inserted “or to be used as part of a development activity to stimulate economic development activities within the district” preceding “or to be used as part of a development activity to stimulate economic development activities within the district” near the end of the section.

The 2013 amendment in the first sentence, inserted “to any charter school” and “to be used as a charter school facility.”

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Authority conferred by Sections37-7-471 through37-7-483 applicable to sale, etc. of relocatable classrooms, see §37-7-471.

OPINIONS OF THE ATTORNEY GENERAL

The proposed sale of school property to a public hospital for health care related uses falls within the permitted uses outlined in Sections 37-7-471 and 37-7-473. Galloway, October 18, 1995, A.G. Op. #95-0673.

Quitman County School District may convey, without a bidding process, property to the county which will in turn convey the property to an economic development district which will lease the property to a private assisted living facility because the conveyance will promote the general welfare goals of the statute. Scripper, March 20, 1998, A.G. Op. #98-0129.

The statute contemplates the conveyance of school property to an association, club, or corporation, or to any county, municipality, or other political subdivision, and such property may be conveyed to those entities for use as a civic, community, recreational, or youth center, or for church purposes, or for use as a library or other public building, or in connection with an industrial enterprise. Davis, Jr., Mar. 2, 2001, A.G. Op. #01-0091.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 110, 111.

JUDICIAL DECISIONS

1. In general.

2. Power of trustees of merged district.

1. In general.

In view of the statutory authorization of the use of school buildings for civic and community purposes, the title to land acquired for a school building does not revert to the grantor upon the discontinuance of school uses, where the building is used as a community center and voting place. McGee v. Chickasaw County School Board, 239 Miss. 5, 120 So. 2d 778, 1960 Miss. LEXIS 260 (Miss. 1960).

2. Power of trustees of merged district.

Deeds executed by the trustees of a school district which has been merged with another, of school house property, are ineffective. McInnis v. Board of Education, 242 Miss. 412, 135 So. 2d 180, 1961 Miss. LEXIS 577 (Miss. 1961).

§ 37-7-475. Execution of conveyance or lease by president and secretary of board.

Upon being authorized by a resolution of the school board as is provided by Section 37-7-471, the president and secretary shall be authorized and empowered to execute, for and on behalf of the school district, a conveyance or lease of the property for the purposes, upon the terms and conditions, and for the consideration provided and specified by the school board, including retention of a partial interest, or undivided interest or other ownership interest in the property, in the discretion of the school board. It shall not be necessary or requisite that competitive bids be advertised for or received in connection with such sale, conveyance, leasing or other disposition of property.

HISTORY: Codes, 1942, § 6328-106; Laws, 1958, ch. 596, § 6; Laws, 1986, ch. 492, § 34; Laws, 2005, ch. 540, § 5, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment added “including retention of a partial interest, or undivided interest or other ownership interest in the property, in the discretion of the school board” at the end of the first sentence.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Authority conferred by Sections37-7-471 through37-7-483 applicable to sale, etc. of relocatable classrooms, see §37-7-471.

§ 37-7-477. Reverter provisions in instrument disposing of property where board retains no interest; section not applicable to acquisition by United States of school or other real property possessed by state.

  1. Unless a school board retains a partial interest, or undivided interest or other ownership interest in the school property being conveyed, any instrument conveying or leasing any school property under the provisions of Sections 37-7-471 through 37-7-483, shall provide that the title to such property shall automatically revert to the school district, if such property shall cease to be used for the purpose for which it is conveyed or leased. Said instrument shall also contain the condition that the grantee or lessee shall keep and maintain said property in a good state of repair and shall keep said property insured in a reasonable amount against loss by fire, windstorm and other hazards. Upon breach of any of said conditions, the school board shall have the right of reentry upon said property as for condition broken and shall have the power and authority to bring and maintain such actions as shall be necessary and appropriate for such purpose in its own name. However, the provisions of this section shall not be mandatory in the event that the school board retains a partial interest, or undivided interest or other ownership interest in the school property being conveyed.
  2. The provisions of subsection (1) of this section shall not be applicable to any transaction of acquisition by the United States, by purchase, condemnation, conveyance or otherwise of any school property or any other real property possessed by the state as authorized by Section 3-5-1.

HISTORY: Codes, 1942, § 6328-105; Laws, 1958, ch. 596, § 5; Laws, 1966, ch. 413, § 1; Laws, 1986, ch. 492, § 35; Laws, 2005, ch. 540, § 6, eff from and after passage (approved Apr. 20, 2005); Laws, 2018, ch. 347, § 1, eff from and after July 1, 2018.

Amendment Notes —

The 2005 amendment added “Unless a school board retains a partial interest, or undivided interest or other ownership interest in the school property being conveyed” at the beginning of the section; and added the last sentence.

The 2018 amendment added (2).

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Authority conferred by Sections37-7-471 through37-7-483 applicable to sale, etc. of relocatable classrooms, see §37-7-471.

OPINIONS OF THE ATTORNEY GENERAL

Assuming that there are no other federal or state impediments to demolition and replacement which would protect a building, then Section 37-7-477 would permit demolition and replacement or improvements to the property so long as the grantee maintained the newly constructed buildings in good repair and adequately insured same. Galloway, October 18, 1995, A.G. Op. #95-0673.

Quitman County School District may convey, without a bidding process, property to the county which will in turn convey the property to an economic development district which will lease the property to a private assisted living facility because the conveyance will promote the general welfare goals of the statute. Scripper, March 20, 1998, A.G. Op. #98-0129.

County Board of Education has authority to convey property to a town by whatever terms are deemed appropriate by the Board, providing the Board makes the proper factual findings as described in Section 37-7-471, and records those findings in the minutes. Phillips, Jan. 3, 2003, A.G. Op. #02-0757.

This section and §37-7-471 are adequate authority for a county board of education to convey property to a rural water association in exchange for consideration of a fire hydrant, water meter and necessary hookup supplies, providing the board makes the proper factual findings as described in §37-7-471 and records those findings in the minutes. Maples, Mar. 28, 2003, A.G. Op. #03-0146.

If a school board sells property pursuant to the additional method, it does not have the authority to release its reversionary interest to property. Jones, Apr. 29, 2004, A.G. Op. 04-0164.

The critical factor in the transfer of school property is whether the interest retained can be considered an ownership interest. The ownership interest retained must be substantial and more than a nominal or insignificant interest. Treadway, June 26, 2006, A.G. Op. 06-0224.

When determining the terms of a lease where the school board retains an ownership interest, it is within the discretion of the board to require the lessee to maintain insurance. Donovan, Oct. 18, 2006, A.G. Op. 06-0478.

§ 37-7-479. Conditions under which disposed of property may later be sold; disposition of proceeds of sale.

Any group of persons, any association, club or corporation, or any county, municipality or other political subdivision having acquired school buildings, land, property or related facilities under the provisions of Sections 37-7-471 through 37-7-483, may, by resolution duly adopted at a regular or special meeting called and convened for such purpose, determine that such school buildings, land, property or related facilities, or any portion thereof, are no longer needed or used for the purpose for which such was acquired, and may by such resolution provide for the sale of such school buildings, land, property or related facilities, or any portion thereof. Said resolution shall be forwarded to the school board of the school district involved, and if the said board shall adopt a resolution determining that such school buildings, land, property or related facilities, or such portion thereof as is sought to be sold, is no longer needed or used by the school district involved, then such school buildings, land, property or related facilities, or any portion thereof, may be sold in accordance with the procedure set forth in Section 37-7-455.

The school board of such district shall by order entered on its minutes, provide for the distribution of the proceeds received from the sale of such property in such proportions as the said school board may, in its discretion, determine reasonable as the interests may appear between the district and the group of persons, association, club, corporation, county, municipality or other political subdivision having an interest in such property at the time of such sale.

However, the provisions of this section shall not be mandatory if the school board retains a partial interest, or undivided interest or other ownership interest in the school property being conveyed.

HISTORY: Codes, 1942, § 6328-105; Laws, 1958, ch. 596, § 5; Laws, 1966, ch. 413, § 1; Laws, 1986, ch. 492, § 36; Laws, 2005, ch. 540, § 7, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment added the last paragraph.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Authority conferred by Sections37-7-471 through37-7-483 applicable to sale, etc. of relocatable classrooms, see §37-7-471.

OPINIONS OF THE ATTORNEY GENERAL

Quitman County School District may convey, without a bidding process, property to the county which will in turn convey the property to an economic development district which will lease the property to a private assisted living facility because the conveyance will promote the general welfare goals of the statute. Scripper, March 20, 1998, A.G. Op. #98-0129.

Where a city acquired property from a school district pursuant to Section 37-7-471, it may not sell the property directly to an individual, but must comply with the procedure as outlined in Sections 37-7-479 and 37-7-455. Treadway, Feb. 2, 2006, A.G. Op. 05-0061.

§ 37-7-481. School boards empowered to exercise authority conferred.

The authority conferred by Sections 37-7-471 through 37-7-483 may be exercised by the existing school board of any school district in which any such school building, land, property or other school facility is located or situated. Such school board may contract with any other school board, or any other governmental entity, to assign and transfer its rights and duties under this chapter, under such terms and conditions as the school board may determine, in its discretion, to further the public interest. The sections, without reference to any other statute, shall be deemed full, complete and exclusive power for the exercise of the authority conferred hereby.

HISTORY: Codes, 1942, § 6328-102; Laws, 1958, ch. 596, § 2; Laws, 1986, ch. 492, § 37; Laws, 2005, ch. 540, § 8, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment inserted the second sentence.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Authority conferred by Sections37-7-471 through37-7-483 applicable to sale, etc. of relocatable classrooms, see §37-7-471.

§ 37-7-483. Declaration of legislative intent; relationship of provisions with other laws.

The Legislature hereby declares that it is its intention and purpose to authorize and permit each and every type of disposition of property permitted in Sections 37-7-471 through 37-7-481 and by each and every type of transfer mentioned, and by every combination possible thereunder.

Said sections shall be construed to be supplemental to Sections 37-7-451 through 37-7-457 and Sections 37-7-501 through 37-7-511, and to all other statutes dealing with the subject matter thereof, and shall be deemed to provide a supplemental, additional and alternate method for the disposition of school buildings, land, property and other school facilities which are no longer to be used for school purposes and are not needed in the operation of the schools of the district or for the conveyance of a partial ownership interest or for exchange, sale or conveyance of an undivided interest in school buildings, land, property or other school facilities that may yield a long-term economic value to the district, in the discretion of the local school board, based on an objective cost/benefit analysis as to whether the proposal shall maximize the interest of the taxpayers.

HISTORY: Codes, 1942, §§ 6328-101, 6328-107; Laws, 1958, ch. 596, §§ 1, 7; Laws, 2005, ch. 540, § 9, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment added “or for the conveyance of a partial ownership interest or for exchange, sale or conveyance of an undivided interest in school buildings, land, property or other school facilities that may yield a long-term economic value to the district, in the discretion of the local school board, based on an objective cost/benefit analysis as to whether the proposal shall maximize the interest of the taxpayers” at the end of the second paragraph.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Authority conferred by Sections37-7-471 through37-7-483 applicable to sale, etc. of relocatable classrooms, see §37-7-471.

§ 37-7-485. School Property Development Act; optional method of disposal of surplus school property to generate greater revenue than public sale; school boards authorized to sell, convey or exchange nonoperational property interest in proposed development projects; school boards authorized to contract with other entities for development, design, construction, financing, ownership and operation of surplus school property; school boards authorized to pledge revenues received under Sections 37-7-471 through 37-7-483 for repayment of notes and other obligations; sound business practices to be used; public record of final and signed contract; restrictions on persons related by consanguinity or affinity to members of school board or superintendent from having interests in project; conditions on exercise of option to enter into development agreement; certification regarding statements of economic interest; property developed to be deemed for school or educational purposes.

  1. This section shall be referred to as the “School Property Development Act of 2005.” It is the intent of the Legislature that this section shall provide school boards with an alternative optional method of disposal of surplus school property that may generate greater returns to the district than a public disposal sale, or to promote or stimulate economic development within the school district or to promote, stabilize or enhance property and tax values within the school district.
  2. The school board of any school district shall be authorized and empowered, in its discretion, to sell, convey or exchange a partial interest, undivided interest or any other interest in real property (other than sixteenth section public school trust land), in whole or in part, for a nonoperational interest in any proposed development of the property, including ownership of shares of a domestic corporation or a membership interest in a limited liability company or a limited partnership interest, any of which is organized for the operation of any project, development or activity that, in the discretion of the school board, will have the potential for fostering economic development activities, increasing property values, increasing student development or enhancing public safety. The school board may contract with any other governmental entity, university or community college, corporation, person or other legal entity for the development, design, construction, financing, ownership or operation of any project, development or activity and may issue notes, leases, bonds or other written obligations to finance such activities. The school board may pledge any revenues or taxes it is to receive from such sale, conveyance or exchange, including any shares of a corporation or membership interest in a limited liability company or limited partnership interest under this subsection or under Sections 37-7-471 through 37-7-483, to secure the repayment of any notes, leases (excluding leases of sixteenth section public school trust land), bonds or other written obligations of the district issued under any provision of state law. Any such pledge of revenues or other monies shall be valid and binding from the date the pledge is made; such revenues or other monies so pledged and thereafter received by the school district shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the school district irrespective of whether such parties have notice thereof. Neither the resolutions, contracts or any other instrument by which a pledge is created need be recorded. Any debt secured in whole or in part by a pledge of such revenues or other monies shall not be subject to or included in any debt limitation imposed on the issuance of such debt. This subsection (2) shall not be construed to apply to sixteenth section public school trust land.
  3. The school board shall use sound business practices when executing exchanges as provided in this section. The school board may utilize the services of the Mississippi Development Authority, the local planning and development district or the Board of Trustees of State Institutions of Higher Learning when executing exchanges as provided in this section. The local school board shall require, in any project exceeding Two Hundred Thousand Dollars ($200,000.00) that the party with whom the school board is contracting shall provide the following information, at a minimum:
    1. A two-year business plan (which shall include pro forma balance sheets, income statements and monthly cash flow statements);
    2. Financial statements and tax returns for the three (3) years immediately prior to the date the contract is formed;
    3. Credit reports on all persons or entities with a twenty percent (20%) or greater interest in the entity;
    4. Data supporting the expertise of the entity’s principals;
    5. A cost benefit analysis of the project performed by the Mississippi Development Authority, a state institution of higher learning or other entity selected by the local school board; and
    6. Any other information required by the local school board.

      This subsection (3) shall not be construed to apply to sixteenth section public school trust land.

  4. The local school board shall make public record any final and signed contract created under this section.
  5. No person involved in any economic development project entered into by a school board under the provisions of this section shall be related by consanguinity or affinity within the third degree to any member of the school board or the superintendent or any assistant superintendent of the school district, nor shall any such person have an interest in any business or have an economic relationship with any member of the school board or the superintendent or any assistant superintendent of the school district.
  6. No person, or any agent, subsidiary or parent corporation or firm owned in whole or in part by the person shall be eligible to bid or otherwise participate in the construction, contracting, or subcontracting on any project or part thereof for which the person has been hired to perform construction program management services. Any contract for public construction that violates this provision shall be void and against the public policy of the state. For purposes of this subsection, the term “construction program management services” means a set of management and technical services rendered by a person or firm to a public sector building owner during the predesign, design, construction, or post-construction phases of new construction, demolition, alteration, repair, or renovation projects. These services include any one or more of the following: project planning, budgeting, scheduling, coordination, design management, construction administration, or facility occupancy actions, but shall not include any component of the actual construction work. The term does not include the services performed by the general contractor who is engaged to perform the construction work, or services customarily performed by licensed architects or registered engineers.
  7. This section shall be supplemental and additional to any powers conferred by other laws on school districts. However, this section shall not grant any authority to a school board to issue debt in any amount that is not otherwise expressly provided for by law, and shall not grant any authority to impose, levy or collect any tax that is not otherwise expressly provided for by law.
  8. If a school board exercises its option to enter into a development agreement or other contract under this section or to transfer any property or interest therein to a third party for purposes of future development, the following conditions shall apply:
    1. The board shall have the express authority to retain a deed of trust or such other security interest in the property in an amount equal at least to the value of the property at the time of such transfer, less any consideration paid by the developer or other parties;
    2. The liability of the school board and the school district under any such development agreement shall be limited to the value of any retained property interest in the development agreement or the property that is the subject of the development agreement. Neither the school board nor the district shall be liable to any party nor shall it indemnify or hold harmless any party for any liabilities, obligations, losses, damages, penalties, settlements, claims, actions, suits, proceedings or judgments of any kind and nature, costs, expenses, or attorney’s fees incurred by such party or parties for any act or action arising out of, or in connection with any development agreement entered into by the school board, other than the value of the retained ownership interest in the property that was conveyed under such development agreement.
  9. Before entering into any transaction as provided in this section, the school board members shall certify that they are in compliance with Section 25-4-25 regarding filings of statements of economic interest with the Mississippi Ethics Commission and that they will receive no direct or indirect pecuniary benefit as a result of the transaction or be in violation of the provisions of Section 25-4-105 regarding the improper use of official position.
  10. [Deleted]
  11. Any property developed by a school district under this section shall be deemed to be for “school purposes” or for “educational purposes.”

HISTORY: Laws, 2005, ch. 540, § 1; Laws, 2006, ch. 593, § 1, eff from and after passage (approved Apr. 24, 2006.).

Amendment Notes —

The 2006 amendment in (2), added the second sentence, substituted “The School Board” for “A school district” at the beginning of the third sentence, and inserted “or taxes” following “may pledge any revenue”; deleted former (10) which read: “Any agreement under this section shall be executed on or before July 1, 2009.”; and added (11).

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-7-487. Estimation and pledge of revenues by school districts; “revenues” defined; authorization to enter into development agreements.

  1. Notwithstanding any other provision of law, a school district may estimate the amount of revenues, as defined herein, to be generated from any parcel or parcels of any type of property within the school district and may irrevocably pledge such revenues to the repayment of any debt or other obligation which the district may issue or incur under Sections 37-59-1 et seq., 37-59-101 et seq., 37-7-351 et seq., 31-7-13(e), 31-7-14, 37-7-471 et seq. and 37-7-485 et. seq.
  2. Any district that pledges revenues under the provisions of this section shall annually appropriate an amount of such revenues, other than the avails of any special tax otherwise levied to pay debt service on bonds or notes of the district, to pay the debt or other obligations for which the revenues are pledged. Any debt or obligation secured by a pledge of revenues under this section shall not be subject to any debt limit or annual appropriation limitation imposed by any other statute. To further secure the school district’s pledge, the district may irrevocably instruct the appropriate tax assessor or collector to irrevocably transfer on behalf of the district the pledged amount from any ad valorem tax collections, other than any special tax levy specifically imposed to pay debt service on any bonds or notes of the district, directly to a paying agent, trustee or other third party responsible for paying the debt or obligation of the district. Upon receipt of such written instructions, the appropriate tax assessor or collector shall transfer the pledged revenues as directed in writing by the school district.
  3. The term revenues, as used in this section shall mean revenues of all types, including ad valorem tax collections, other than collections from special levies specifically levied to pay debt service on any bonds or notes of the school district, lease or development revenues, and any special development fees imposed by a developer of property within the school district as provided herein.
  4. Any school district may enter into an agreement with a developer pursuant to which the developer agrees to impose a development fee, in the amount and in the manner agreed to by the district and the developer, on property being developed within the district by the developer. The term of any such agreement shall not exceed fifty (50) years. Upon the agreement being recorded in the land records of the chancery clerk of the county in which the property is located, the development fee shall become a lien on the property subject to the agreement between the developer and the district and shall be payable by all owners of the subject property at the same time and in the same manner, and the payment of such fee shall be enforced by the taxing authority in the same manner as other ad valorem taxes levied on the property.
  5. Nothing in this section shall be construed as giving school districts additional debt or to levy any additional taxes other than as allowed by this section or as otherwise provided by law.

HISTORY: Laws, 2006, ch. 593, § 2, eff from and after passage (approved Apr. 24, 2006.).

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Disposition of Property on Dissolution of School District

§ 37-7-501. Disposition of property of dissolved district having no outstanding bonds.

When any school district now existing or hereafter created under any of the laws of this state shall be dissolved, abolished or discontinued, either as a result of the reorganization and reconstitution of school district under the provisions of Article 1 of this chapter, or otherwise, and such school district at the time of the dissolution or discontinuance thereof shall have no outstanding bonds or other indebtedness then all funds, property and other assets which shall belong to such school district at the time of the dissolution or discontinuance thereof shall become the property, funds and assets of the school district to which the territory formerly comprising such dissolved district is annexed. If the territory of the dissolved district is annexed to or becomes a part of two (2) or more school districts, then such property, funds and other assets shall be divided and apportioned among such districts in proportion to the number of children enrolled in the schools of the dissolved district at the time of the dissolution thereof who reside in the territory annexed to each district, or in such other manner as may be agreed upon by the school boards of the districts involved. Any school property or other assets of the dissolved district which are not to be used by the school district or districts to which the territory of the dissolved district is annexed may be sold by the board of supervisors of the county in which the property or other assets are located, and, in such case, the proceeds of the sale thereof shall be disposed of in the manner otherwise provided in this section for the disposition of the funds and other assets of the dissolved district.

HISTORY: Codes, 1942, § 6328-61; Laws, 1953, Ex Sess, ch. 29, § 1; Laws, 1986, ch. 492, § 38, eff from and after July 1, 1987.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 38, 39, 41.

CJS.

78 C.J.S., Schools and School Districts §§ 112-117.

§ 37-7-503. Disposition of property of dissolved district having outstanding bonds.

When any school district now existing or hereafter created shall be dissolved, abolished or discontinued, either as a result of the reconstitution or reorganization of school districts under Article 1 of this chapter, or otherwise, and shall have outstanding bonds or other indebtedness, and such bonds or other indebtedness are not assumed by another school district under the provisions of Section 37-7-505, then all funds which may be on hand to the credit of the dissolved district at the time of the dissolution or abolition thereof shall be paid into the bond and interest sinking fund or into a special fund to be used for the payment of such outstanding bonds or other indebtedness. All property and other assets which shall belong to such dissolved district at the time of the dissolution or discontinuance thereof may be sold by the board of supervisors of the county in which the property or other assets are located, and the proceeds of such sale shall likewise be paid into the bond and sinking fund or other special fund for the payment of such bonds or other indebtedness. If, after paying such bonds or other indebtedness, any funds shall remain, the same shall become the property of the district to which the territory of the dissolved district is annexed, or if such territory be annexed to two (2) or more districts then such funds shall be divided among such districts in proportion to the number of children enrolled in the schools of the dissolved district at the time of the dissolution thereof who reside in the territory annexed to each district or in such other manner as may be agreed upon by the school boards of the districts involved. Said sales shall be conducted in the manner and following the procedure set up in Sections 37-7-451 through 37-7-457.

HISTORY: Codes, 1942, § 6328-63; Laws, 1953, Ex Sess, ch. 29, § 3; Laws, 1986, ch. 492, § 39, eff from and after July 1, 1987.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 31 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 112-117.

§ 37-7-505. Assumption of liability for bonds by district acquiring property of dissolved district purchased with proceeds of bonds generally.

When any school district now existing or hereafter created shall be dissolved, abolished or discontinued, either as the result of the consolidation, reorganization or reconstitution of school districts under the provisions of Article 1 of this chapter, or otherwise, and such school district shall, at the time of the dissolution or discontinuance thereof, have outstanding bonds or other indebtedness, the territory formerly composing and comprising such dissolved school district shall remain liable for such bonds or other indebtedness, and the board of supervisors of the county shall continue to levy taxes upon such territory until such bonds or other indebtedness shall be fully paid according to the terms thereof. However, in the event a school building or other school facilities shall have been acquired, erected, equipped, repaired or remodeled with the proceeds of any such bonds or other indebtedness outstanding, and such school building or other school facility shall be utilized by the school district to which all or any part of the territory of the dissolved district is annexed, and shall be approved as an attendance center by the school board, and the State Board of Education, then the school district so utilizing such school building or other school facility shall become liable for and assume the payment of such outstanding bonds or other indebtedness, or such portion thereof as was used in the acquisition, erection, equipping, repairing or remodeling of the school building or other school facility involved. Taxes shall be levied upon all of the taxable property of the school district so utilizing such school building or other school facility to pay the balance of the principal and interest upon such outstanding bonds or other indebtedness in the same manner as if such bonds had originally been issued or such indebtedness originally incurred by such district, and, in such case, the title to the school building or other school facility and the land upon which it is located shall be vested in the school district so utilizing same. Nothing herein shall be construed, however, to affect adversely the rights of the holders of any such outstanding bonds or other indebtedness, and no school district shall be required to assume liability for the payment of any bonds or other indebtedness incurred by a former school district unless the school building or other school facility acquired, erected, equipped, repaired or remodeled with the proceeds of such bonds or other indebtedness shall be utilized by such school district, with the approval of the school board, and the State Board of Education, as a part of the long range school program of such district. In the event the outstanding bonds or other indebtedness of a dissolved school district are assumed by another school district as provided in this section, then the remaining property, assets and funds of the dissolved district which do not become the property of the school district assuming such indebtedness shall be disposed of in the manner provided in Section 37-7-501.

HISTORY: Codes, 1942, § 6328-62; Laws, 1953, Ex Sess, ch. 29, § 2; Laws, 1986, ch. 492, § 40, eff from and after July 1, 1987.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 5 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 112-117.

§ 37-7-507. Voluntary assumption of liability by annexing district on bonds of dissolved district.

Notwithstanding any of the provisions of Sections 37-7-501 through 37-7-511, any school district to which all or a part of the territory of a dissolved school district is annexed may, by agreement of the school board thereof, assume the payment of all or any part of the outstanding bonds or other indebtedness of the dissolved district even though it is not mandatorily required so to do under the provisions of said sections.

In addition, no such assumption of indebtedness under the provisions of this section shall be binding and effective until the school board of the school district proposing to assume such indebtedness shall adopt a resolution declaring its intention so to do, stating the amount, the nature of the indebtedness to be assumed and the date upon which such board proposes to take final action assuming such indebtedness. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published or having a general circulation in the school district proposing to assume such indebtedness. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date specified in such resolution for final action, and the last publication shall be made not more than seven (7) days prior to such date. If twenty percent (20%) of the qualified electors of the school district proposing to assume such indebtedness shall file a written protest against such assumption of indebtedness on or before the date specified in such resolution, then an election upon the question of the assumption of such indebtedness shall be called and held in said school district in the same manner as other special elections are held therein. If no such protest be filed, then such assumption of indebtedness shall become binding and effective without an election on the question. If an election is called under the provisions of this section, notice thereof shall be given for the same time and in the same manner required for the publication of the resolution hereinabove referred to, and such election shall be held as far as practicable in the same manner as state and county elections are held. At such election all qualified electors of the school district may vote, and the ballots used thereat shall have printed thereon a brief statement of the purpose of the school board to assume such indebtedness, together with the amount thereof, and the words: “For the assumption of the indebtedness,” and “Against the assumption of the indebtedness,” and the voter shall vote by placing a cross (X) or check mark (Π) opposite his choice on the proposition. If at said election three-fifths (3/5) of the qualified electors of the school district who vote in said election vote in favor of the assumption of such indebtedness, then such indebtedness shall be assumed by the school board; otherwise, such indebtedness shall not be assumed.

HISTORY: Codes, 1942, § 6328-64; Laws, 1953, Ex Sess, ch. 29, § 4; Laws, 1986, ch. 492, § 41, eff from and after July 1, 1987.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 53-55.

CJS.

78 C.J.S., Schools and School Districts §§ 112-117.

§ 37-7-509. Transfer of funds between school districts.

The superintendent of schools, upon order of the school board, shall be authorized and empowered to make such transfers of funds to and from the credit of the school districts involved as may be necessary to carry out the terms and provisions of Sections 37-7-501 through 37-7-511.

HISTORY: Codes, 1942, § 6328-65; Laws, 1953, Ex Sess, ch. 29, § 5; Laws, 1986, ch. 492, § 42, eff from and after July 1, 1987.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

§ 37-7-511. Authority to execute conveyances.

The school boards of the respective school districts in whom title to such property may be vested are hereby empowered and authorized to execute proper conveyances of such property in order to carry out the purposes of Sections 37-7-501 through 37-7-511.

HISTORY: Codes, 1942, § 6328-66; Laws, 1953, Ex Sess, ch. 29, § 6; Laws, 1986, ch. 492, § 43, eff from and after July 1, 1987.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt certain transfers of property from the requirements of this article, see §37-7-355.

Disposition of Lands Acquired by Township Trustees for Schools and School Lands

§ 37-7-531. Authorization and procedure.

The board of supervisors of each county wherein are situated lands, other than 16th section lands or lands held in lieu of 16th section lands, acquired by township trustees for schools and school lands as created by Article Five, Chapter Nine, Hutchinson’s Mississippi Code 1848, amendments thereto, and related statutes, where title to said lands remains in said trustees and their successors, is hereby authorized and empowered, in its discretion, upon the expiration of any current lease, to lease said lands in whole or in part for any term of years not to exceed ninety-nine, or to sell said lands or any part thereof outright as herein provided.

If leased, the rental, in the discretion of the board, may be in gross, or on an annual basis evidenced by notes of lessee. On the expiration or termination of any lease, the board may release, or then sell outright, the whole or any part of said lands.

In the event the board of supervisors shall determine to lease or sell said lands, such lands shall be sold or leased at public contract after said board has advertised such lands for sale or lease in a newspaper published in the county of said board, or if no newspaper be published in said county, then in a newspaper having a general circulation therein for two successive weeks, the first being at least ten (10) days prior to said public contract. If no bid acceptable to the board of supervisors is received after said advertisement, the board of supervisors, with the approval of the county superintendent of education, may lease same by private contract.

In the event of an outright sale, there shall be reserved, for the benefit of the township fund of the township in which the lands may be located, one-half of the oil, gas and other minerals in, on and underlying the land sold.

The board of supervisors of each county wherein may be situated any such lands, is hereby authorized and empowered, in its discretion, to lease said lands or any part thereof, or the interest reserved in any sale, for oil, gas and mineral exploration and development, within the limitations of and upon compliance with the requirements of all statutes, as such statutes now exist or may be hereafter enacted or amended, governing lease for mineral exploration and development of 16th section lands and lands held in lieu of 16th section lands.

The funds received from either lease or sale or mineral lease shall be added to the principal fund of the township, but in the event of a sale, fifty percent (50%) of the consideration may be expended by the board of supervisors in the construction of school buildings.

HISTORY: Codes, 1942, § 6218.5; Laws, 1950, ch. 299, §§ 1-6.

Cross References —

Provisions of the Emergency School Leasing Authority Act of 1986 which exempt certain transfers of property from the requirements of this article, see §37-7-355.

Article 11. Municipal Separate School Districts [Repealed].

§§ 37-7-601 through 37-7-645. Repealed.

Repealed by Laws 1986, ch. 492, § 47, eff from and after July 1, 1987.

§§37-7-601 through37-7-645. [Laws, 1924, ch. 283; Codes 1930, § 6790; 1930, ch. 278; Codes, 1942, §§ 3374-108, 6328-76.7, 6328-76.8, 6633, 6411-01 to 6411-11, 6411-15, 6411-16; Laws, 1950, ch. 491, § 108; Laws, 1953, Ex Sess, ch. 23, §§ 1-11, 15 and 16; Laws, 1955, Ex Sess, chs. 50 and 51; Laws, 1958, ch. 519, §§ 1-4; Laws, 1959, Ex Sess, ch. 29, § 1; Laws, 1964, ch. 395; Laws, 1970, ch. 376, §§ 1-3; Laws, 1971, ch. 355, § 1; Laws, 1972, ch. 456, §§ 2, 3; Laws, 1974, ch. 476; Laws, 1985, ch. 460, § 3; Laws, 1986, ch. 421]

Editor’s Notes —

Former §§37-7-601 through37-7-645 related to municipal separate school districts. For provisions providing that all public school districts have a common system of administration after July 1, 1987, see §§37-6-1 et seq.

Article 13. Special Municipal Separate School Districts.

§ 37-7-701. Applicability of article; construction of article.

The provisions of this article shall be applicable only to those municipal separate school districts which have been or shall be organized, reorganized or reconstituted in accordance with the provisions of Article 1 of this chapter, with added territory where the added territory, exclusive of any added territory which was a part of such municipal separate school district before such organization, reorganization or reconstitution, shall contain twenty-five percent (25%) or more of the total number of educable children of such district. Such school districts, for the purposes of this article, shall be known as special municipal separate school districts. This article shall be supplementary and in addition to all existing school laws of this state and, except as herein expressly provided, all applicable statutes relative to the establishment, government, management, and operation of municipal separate school districts shall be fully applicable to such special municipal separate school districts.

HISTORY: Codes, 1942, § 6328-81; Laws, 1956, ch. 296, § 1.

Editor’s Notes —

Article 1 of this chapter, referred to in this section, was repealed by Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987.

For present provisions relating to reorganization of school districts, see §§37-7-103 et seq.

Cross References —

Homestead exemptions, see §27-33-3.

Abolition, reorganization or alteration of district, see §§37-7-103 et seq.

§ 37-7-703. Selection of trustees of county-wide district where majority of inhabitants reside within city limits.

In all such special municipal separate school districts which embrace the entire county in which, according to the latest available federal census, a majority of the inhabitants of the county reside within the corporate limits of the municipality, the board of trustees of such special municipal separate school district shall be chosen and selected in the manner provided by subsection (1) of Section 37-7-203, and all of the provisions thereof shall be fully applicable in all respects to the selection and constitution of such board of trustees.

HISTORY: Codes, 1942, § 6328-82; Laws, 1956, ch. 296, § 2.

Cross References —

Homestead exemptions, see §27-33-3.

Abolition and discontinuance of county board of education in any county wherein special municipal separate school district embraces entire county and devolution of its duties upon district board of trustees, see §37-7-723.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 213, 214.

§ 37-7-705. Selection of trustees of county-wide district where majority of inhabitants reside outside city limits.

In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the board of trustees of such district shall be constituted in accordance with the provisions of Sections 37-7-707 through 37-7-711, unless the governing authorities of the municipality and of the county shall have provided for one of the alternative methods of organization as provided by Sections 37-7-715 and 37-7-717.

HISTORY: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3.

Cross References —

Homestead exemptions, see §27-33-3.

Abolition, reorganization or alteration of district, see §§37-7-103 et seq.

Abolition and discontinuance of county board of education in any county wherein special municipal separate school district embraces entire county and devolution of its duties upon district board of trustees, see §37-7-723.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 213, 214.

§ 37-7-707. Composition of board of trustees; qualifications, election and terms of office of trustees.

In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the board of trustees of such district shall be composed of five members, one of whom shall be a resident qualified elector of each supervisors district of the county. Said trustees shall be elected from the county at large by the qualified electors of the county at the first regular general election following the approval by the state educational finance commission of the organization of such district. Such trustees shall take office on the first Monday of January following their election.

At such election the members of the said board from supervisors districts one and five shall be elected for a term of six years, the members from districts three and four shall be elected for a term of four years, and the members from district two shall be elected for a term of two years. Thereafter members shall be elected at regular general elections as vacancies occur for terms of six years each and shall take office on the first Monday of January after their election.

HISTORY: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3.

Editor’s Notes —

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Homestead exemptions, see §27-33-3.

State Board of Education generally, see §§37-1-1 et seq.

Abolition, reorganization or alteration of district, see §§37-7-103 et seq.

Composition of boards of trustees of municipal separate school districts, qualifications, selection, terms of office, see §37-7-203.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 73, 76 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 219-236.

§ 37-7-709. Filling of vacancies.

In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, all vacancies which may occur during the term of office shall be filled by appointment by the remaining members of the board of trustees, such appointee to have the same qualifications as other members of the board and to reside in the same supervisors district as the former member whose death, removal or resignation caused the vacancy. Such appointment shall be made within thirty days after the vacancy occurs. The person so appointed shall serve only until the first Monday of January following the next regular general election after such appointment and, at the regular general election next preceding such first Monday in January, a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term next expiring, and such person shall take office on said first Monday of January.

HISTORY: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3.

Cross References —

Homestead exemptions, see §27-33-3.

Abolition, reorganization or alteration of district, see §§37-7-103 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 65.

CJS.

78 C.J.S., Schools and School Districts §§ 255, 271-277.

§ 37-7-711. Filing of petition of nomination by candidate for board of trustees; determination of election results; runoff election [Effective until July 1, 2019].

In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the name of any qualified elector who is a candidate for the board of trustees of such special municipal separate school district, whether such person be a candidate for an unexpired term or for a full term, shall be placed on the ballot used in the elections, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area. Provided, however, that in any such special municipal separate school district which embraces the entire county and which borders the Mississippi River and in which Interstate Highway 20 and United States Highway 61 intersect and having a population in excess of forty-seven thousand (47,000) according to the 1990 federal decennial census, the candidate shall be required to file a petition of nomination with the county election commissioners not less than sixty (60) days prior to the date of such general election, in addition to the other requirements prescribed herein.

The candidate in each election who receives the highest number of votes cast in the election shall be declared to have been elected.

HISTORY: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3; Laws, 2009, ch. 470, § 3; Laws, 2011, ch. 441, § 1; Laws, 2014, ch. 422, § 2, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 2009, ch. 470, §§ 6 and 7 provide:

“SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or July 1, 2009, whichever is later.”

By letter dated August 28, 2009, the United States Attorney General interposed no objection to the change in the general election date provided for in Chapter 470, Laws of 2009. As for the proposed changes from a plurality vote to a majority vote requirement for county school board members, for trustees for certain municipal separate school districts and for trustees for special municipal school districts, and the requirement that a runoff election be held three weeks after the election if no candidate received a majority, the U.S. Attorney General requested additional information from the state. After review of the information provided by the state, the U.S. Attorney General concluded that the state had not met its burden of showing that the proposed changes had neither a discriminatory purpose nor a discriminatory effect, and by letter dated March 24, 2010, objected to the proposed change from plurality to majority vote and the runoff requirement provided for in Chapter 470, Laws of 2009.

Chapter 441, Laws of 2011, included a version of this section that contained amendments that were in Section 3, Chapter 470, Laws of 2009. The United States Attorney General previously objected to the amendments to this section contained in Chapter 470, Laws of 2009, pursuant to the provisions of Section 5 of the Voting Rights Act of 1965. For this reason the version of Section 37-7-711 in Chapter 441, Laws of 2011, that contains the amendments in Section 3, Chapter 470, Laws of 2009, is not printed.

By letter dated August 8, 2011, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2011, ch. 441.

Amendment Notes —

The 2009 amendment inserted “(90),” “(30)” and “(150)” in the first sentence; substituted “a majority” for “the highest number” in the next-to-last sentence; and added the last sentence.

The 2011 amendment added the last sentence of the first paragraph of the section.

The 2014 amendment, in the first paragraph, substituted “sixty (60)” for “thirty (30)” and “fifty (50)” for “one hundred fifty (150)” in the first sentence and added the second sentence.

Cross References —

Homestead exemptions, see §27-33-3.

Abolition, reorganization or alteration of district, see §§37-7-103 et seq.

§ 37-7-711. Filing of petition of nomination by candidate for board of trustees; determination of election results; runoff election [Effective July 1, 2019].

In all such special municipal separate school districts which may be so organized, reorganized or reconstituted to embrace the entire county in which the majority of the inhabitants of the county reside outside the corporate limits of the municipality, the name of any qualified elector who is a candidate for the board of trustees of such special municipal separate school district, whether such person be a candidate for an unexpired term or for a full term, shall be placed on the ballot used in the elections, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county. Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area.However, in any such special municipal separate school district which embraces the entire county and which borders the Mississippi River and in which Interstate Highway 20 and United States Highway 61 intersect and having a population in excess of forty-seven thousand (47,000) according to the 1990 federal decennial census, the candidate shall be required to file a petition of nomination with the county election commissioners not less than sixty (60) days prior to the date of such general election, in addition to the other requirements prescribed herein.

The candidate in each election who receives the majority of votes cast in the election shall be declared to have been elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election.

HISTORY: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3; Laws, 2009, ch. 470, § 3; Laws, 2011, ch. 441, § 1; Laws, 2014, ch. 422, § 2, eff from and after July 1, 2014; Laws, 2019, ch. 308, § 2, eff from and after July 1, 2019.

§ 37-7-713. Selection of trustees in districts embracing less than entire area of county.

In all special municipal separate school districts where the district embraces less than the entire area of the county and where the majority of the educable children of such district reside outside the limits of the municipality, unless the governing authorities of the municipality and the county provide for one of the alternative methods of organization as set out in Sections 37-7-715 and 37-7-717, the said special municipal separate school district shall be governed by a board of trustees consisting of five members, to be elected by the qualified electors of such municipal separate school district from the district at large in the manner provided by Sections 37-7-209 through 37-7-219, and all duties imposed upon the county superintendent of education by said sections with reference to such elections shall be imposed upon and performed by the superintendent of the municipal separate school district. However, the first board of trustees of such special municipal separate school district shall be appointed in the following manner. The governing authorities of the municipality shall appoint three trustees, and such appointments shall be made so that one trustee shall be appointed to serve until the first Saturday of March following such appointment, one for two years longer, and one for four years longer. The board of education of the county shall appoint two trustees, such appointments to be made so that one trustee shall be appointed to serve until the first Saturday of March of the second year following such appointment, and one trustee for two years longer. After such original appointments the trustees of such a special municipal separate school district shall be elected for a term of five years, as herein provided. All such members of said board of trustees shall be residents and qualified electors of such school district. All vacancies which may occur during a term of office shall be filled by appointment by the remaining members of the board of trustees, such appointee to have the same qualifications as other members of the board. Such appointment shall be made within thirty days after the vacancy occurs. The person so appointed shall serve only until his successor shall have qualified. The successor to serve the remainder of the unexpired term shall be elected on the first Saturday of March next following the occurrence of such vacancy in the same manner as provided for by Sections 37-7-209 through 37-7-219.

HISTORY: Codes, 1942, § 6328-84; Laws, 1956, ch. 296, § 4.

Cross References —

Homestead exemptions, see §27-33-3.

Election of trustees generally, see §§37-7-209 through37-7-219.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 213, 214.

§ 37-7-715. Selection of trustees by agreement of governing authorities of county and municipality generally.

Upon the organization, reorganization or reconstitution of any special municipal separate school district, the board of supervisors of the county wherein such special municipal separate school district is located and the governing authorities of the municipality may, by an order spread upon their minutes within sixty days after such organization, reorganization or reconstitution shall have become final, expressing an agreement between both such governing authorities, choose to constitute the board of such special municipal separate school district under one of the optional methods of organization set out in Section 37-7-717. In the event that both the governing authorities hereinabove referred to shall enter such an order within said period, then the said board of trustees shall be thereafter constituted and selected according to the terms of such agreement, provided such agreement is in conformity with the terms of Section 37-7-717. It is further expressly provided that irregularities of a procedural nature in the adoption of such orders shall not affect the validity of the same or the validity of any acts of the board of trustees which may be constituted by virtue thereof.

HISTORY: Codes, 1942, § 6328-85; Laws, 1956, ch. 296, § 5.

Cross References —

Homestead exemptions, see §27-33-3.

Abolition, reorganization or alteration of district, see §§37-7-103 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Changing the method of the selection of trustees of a school district organized pursuant to §37-7-717 from subsection (a) to subsection (b) is authorized only when the school district is reorganized or reconstituted pursuant to §§37-7-103 et seq. Smith, June 14, 2002, A.G. Op. #02-0220.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 213, 214.

§ 37-7-717. Optional methods of selecting trustees pursuant to agreement.

Upon complying with the terms and provisions of Section 37-7-715, hereof, the board of supervisors of any county wherein there is a special municipal separate school district and the governing authorities of the municipality may provide that the board of trustees of such special municipal separate school district shall be organized and constituted in one of the following manners:

The said board may consist of five members, all of whom shall be bona fide residents of and qualified electors of such school districts and who shall be appointed by either the board of supervisors, the governing authorities of the municipality, or by both of said bodies in such proportion as the governing bodies may agree upon. The first such board shall be appointed so that one trustee shall be appointed to serve for one year, one for one year longer, one for two years longer, one for three years longer, and one for four years longer. Upon the expiration of each such original term, each appointment shall be for five years and shall be made by the authority making the original appointment. In case of the occurrence of a vacancy, the authority which made the appointment of the trustee responsible for such vacancy shall appoint a successor to serve the remainder of the term of such trustee.

In case of a special municipal separate school district which embraces the entire county, the board of trustees may be constituted and selected in accordance with the terms and provisions of Sections 37-7-707 through 37-7-711, with the exception that one member of such board shall be elected by each supervisors district and shall be a resident and qualified elector of the district from which he is elected.

In case of a special municipal separate school district embracing the entire county, the board of trustees may be constituted and selected in accordance with the terms and provisions of Section 37-7-713.

HISTORY: Codes, 1942, § 6328-86; Laws, 1956, ch. 296, § 6.

Cross References —

Homestead exemptions, see §27-33-3.

OPINIONS OF THE ATTORNEY GENERAL

Adoption of joint resolution by municipal and county governing authorities evidencing agreement between two boards that county board of supervisors will now make all appointments of trustees of school district, would be sufficient to effect said change. Brown, Sept. 19, 1990, A.G. Op. #90-0689.

§§ 37-7-719 and 37-7-721. Repealed.

Repealed by Laws, 1986, ch. 492, § 48, eff from and after July 1, 1987.

§37-7-719. [Codes, 1942, § 6328-87; Laws, 1956, ch. 296, § 7]

§37-7-721. [Codes, 1942, § 6328-89; Laws, 1956, ch. 296, § 9]

Editor’s Notes —

Former §37-7-719 provided for powers and duties of the board of trustees of special municipal school districts.

Former §37-7-721 provided for reimbursement of members of board of trustees of special municipal separate school districts for travel expenses.

§ 37-7-723. District board of trustees to supersede county board of education in county-wide districts.

In any county in which there exists a special municipal separate school district which embraces and includes the entire county, the county board of education of such county shall be forthwith discontinued and abolished. All of the duties provided by law which would otherwise devolve upon the county board of education of such county shall be performed and discharged by the board of trustees of the special municipal separate school district which for such purpose, shall have and be vested with all power, authority and duties now conferred by law upon the county board of education.

HISTORY: Codes, 1942, § 6328-112; Laws, 1958, ch. 319, § 2, eff from and after passage (approved May 6, 1958).

Cross References —

Homestead exemptions, see §27-33-3.

Establishment of county board of education in every county, see §37-5-1.

Selection, term and qualifications of trustees of municipal separate school districts, see §37-7-203.

Selection of trustees of county-wide district where majority of inhabitants reside within city limits, see §37-7-703.

Selection of trustees of county-wide district where majority of inhabitants reside outside city limits, see §37-7-705.

§ 37-7-725. District superintendent to supersede county superintendent of education in county-wide districts.

When a special municipal separate school district embraces and includes all of the territory of the county, then the office of county superintendent of education in such county shall be abolished and discontinued in such county and no county superintendent of education of such county shall be elected at any ensuing elections. In such an event, the superintendent of the special municipal separate school district shall thereafter perform and discharge all duties which would otherwise devolve upon the county superintendent of education under the provisions of any applicable statute of this state, and, for such purpose, the superintendent of such special municipal separate school district shall have and be vested with all power and authority conferred by law upon such county superintendents of education.

HISTORY: Codes, 1942, § 6328-113; Laws, 1958, ch. 319, § 3, eff from and after passage (approved May 6, 1958).

Cross References —

Homestead exemptions, see §27-33-3.

County superintendent of education; election; term of office, see §37-5-61.

§§ 37-7-727 through 37-7-745. Repealed.

Repealed by Laws, 1986, ch. 492, § 48, eff from and after July 1, 1987.

§§37-7-727 through37-7-745. [Codes, 1942, §§ 6411-10.3, 6328-92 to 6328-94, 6328-111, 6328-114; Laws, 1956, ch. 296, §§ 12-14; Laws, 1958, ch. 319, §§ 1, 4; Laws, 1968, ch. 422, §§ 1-3; Laws, 1977, ch. 486, § 28; Laws, 1983, ch. 471, § 22].

Editor’s Notes —

Former §§37-7-727 through37-7-745 pertained to various powers, duties, and functions of the board of trustees of special municipal separate school districts, administrative expenses, funds, ad valorem taxes, and district tax levies.

Article 15. Line School Districts [Repealed].

§§ 37-7-801 through 37-7-811. Repealed.

Repealed by Laws, 1986, ch. 492, § 49, eff from and after July 1, 1987.

§§37-7-801 through37-7-811. [Codes, 1942, §§ 6328-51 to 6328-53, 6328-55 to 6328-57; Laws, 1953, Ex Sess, ch. 25, §§ 1-3, 5-7; Laws, 1954, ch. 259, § 2].

Editor’s Notes —

Former §§37-7-801 through37-7-811 related to the duties and functions of line school districts.

Article 17. Isolated School Districts [Repealed].

§§ 37-7-901 through 37-7-911. Repealed.

Repealed by Laws, 1986, ch. 492, § 50, eff from and after July 1, 1987.

§§37-7-901 through37-7-911. [Codes, 1942, §§ 6248-21 to 6248-26; Laws, 1956, ch. 271, §§ 1-6].

Editor’s Notes —

Former §§37-7-901 through37-7-911 related to isolated school districts.

Article 19. Commission on School District Efficiency.

§ 37-7-1001. Establishment; purpose; findings and recommendations; membership.

The State Board of Education is hereby authorized to establish a Standing Commission on School District Efficiency.The commission shall meet and study the operations, rules, policies and regulations in school districts on an ongoing basis for the purpose of identifying opportunities to increase efficiencies, and to determine appropriate efficiency standards that should be considered for accreditation standards.The commission shall report annually its findings and recommendations to the State Board of Education, and the State Board of Education may make its report and recommendations annually to the Legislature seeking legislative support to achieve efficiencies in school districts.In establishing the Standing Commission on School District Efficiency the State Board of Education shall provide that the membership not be less than six (6) members.The State Board of Education shall appoint school district employees proficient in the areas of fiscal management, procurement, data processing or other fields of school business, with at least one (1) member being appointed from each congressional district.The commission shall meet on a date designated by the State Superintendent of Education and organize by selecting a chairman and adopt rules for conducting business.Members of the commission shall serve without compensation, but may be reimbursed for necessary travel expenses from any available funds for attending official meetings of the commission.The State Department of Education shall provide necessary administrative and clerical support for the functions of the commission.

HISTORY: Laws, 2012, ch. 543, § 1, eff from and after July 1, 2012.

Chapter 9. District Superintendents, Principals, Teachers, and Other Employees

In General

§ 37-9-1. Definitions.

  1. For the purposes of this chapter, the terms “superintendent” and “principal” shall have such meaning as are ascribed to them under the provisions of Section 37-19-1. The term “licensed employee” shall mean any other employee of a public school district required to hold a valid license by the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The term “non-instructional employee” shall include all employees of school districts other than superintendents, principals and licensed employees.
  2. Unless a statute in this chapter specifically is made applicable to charter schools, the provisions of this chapter only apply to public school districts, the employees of public school districts and the public schools that are within those school districts.

HISTORY: Codes, 1942, § 6282-01; Laws, 1953, Ex Sess, ch. 20, § 1; Laws, 1986, ch. 492, § 65; Laws, 1997, ch. 545, § 3; Laws, 2013, ch. 497, § 52, eff from and after July 1, 2013.

Editor’s Notes —

Former §37-19-1, referred to in this section, was repealed by Laws of 1986, Ch. 612, § 30, effective July 1, 2002. The section provided definitions for terms used in Chapter 19 of Title 37, including the terms “principal” and “superintendent,” which were defined as follows:

“(c) The term “principal” shall mean the head of an attendance center or division thereof;

“(d) The term “superintendent” shall mean the head of a school district;”

Amendment Notes —

The 2013 amendment added (2).

Cross References —

Commission on Teacher and Administrator Education, Certification and Licensure and Development membership, powers and duties, see §37-3-2.

Procedural requirements to be met prior to issuance of arrest warrant for teacher charged with committing crime during performance of official duties, see §99-3-28.

OPINIONS OF THE ATTORNEY GENERAL

Since the statutory employment scheme requires only that specified, licensed administrators and employees serve under contract, it is within the discretion of a school district to employ tutors, substitute teachers and other temporary support personnel without the use of a written contract. Barnett, April 24, 1998, A.G. Op. #98-0194.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 158 et seq.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

Public relations consultants are “non-instructional personnel” as defined in §37-9-1 and, therefore, a school district’s employment of consultants as non-instructional personnel does not violate statutory law. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

§ 37-9-3. Employment of non-instructional employees.

Except as otherwise provided in Section 37-167-1, within the limits of the available funds, the superintendent of schools of a school district shall recommend to the school board thereof all noninstructional employees to be employed and may prescribe the duties thereof. Compensation for such employees may be paid from any lawful funds.

HISTORY: Codes, 1942, § 6282-02; Laws, 1953, Ex Sess, ch. 20, § 2; Laws, 1986, ch. 492, § 66; Laws, 1987, ch. 307, § 11; Laws, 2004, ch. 357, § 1; Laws, 2010, ch. 540, § 3, eff from and after July 1, 2010.

Editor’s Notes —

Former §37-165-27 provided that this section would stand repealed on July 1, 2016. Section37-165-27 was repealed by § 92 of Chapter 497, Laws of 2013, effective July 1, 2013.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendent” preceding “of a school district.”

The 2010 amendment added the exception.

Cross References —

Prohibition against denying employment on ground that child of applicant does not attend school system in which employment or reemployment is sought, see §37-9-59.

OPINIONS OF THE ATTORNEY GENERAL

In regard to personnel matters, Sections 37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37-9-105 and 37-9-59, with the exception of the step-aside provisions of 37-9-17, require the recommendation of the superintendent before the board may act upon the employment of non-instructional employees and certificated employees. Hand, February 1, 1995, A.G. Op. #95-0008.

The school board of a county school district does not have authority to employ or re-employ a non-instructional employee if the superintendent does not recommend the employee to the board. Boyles, Mar. 2, 2001, A.G. Op. #01-0116.

Subject to any lawfully adopted policies or preexisting contractual obligations, a school board in its discretion may reassign a nonlicensed employee to a position with lesser duties and responsibilities and may also reduce the salary of the employee. Smith, Mar. 19, 2004, A.G. Op. 04-0114.

There is no specific statutory authority for a school board to dismiss non-licensed employees on its own initiative. That authority has been granted specifically to the superintendent in §37-9-14 (2)(y). Rhodes, Nov. 5, 2004, A.G. Op. 04-0509.

Section 37-9-3 does not require that school district noninstructional personnel be approved for employment annually. Rhodes, Apr. 28, 2006, A.G. Op. 06-0133.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 182 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 433-436, 626-630, 726-729.

JUDICIAL DECISIONS

1. In general.

2. Employment of public relations consultants.

1. In general.

A school board has the authority to employ and fix the duties and compensation of non-instructional personnel. Yarbrough v. Camphor, 645 So. 2d 867, 1994 Miss. LEXIS 450 (Miss. 1994).

2. Employment of public relations consultants.

Public relations consultants are “non-instructional personnel” as defined in §37-9-1 and, therefore, a school district’s employment of consultants as non-instructional personnel does not violate statutory law. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

A school board’s expenditure of taxpayer funds for a contract with public relations consultants who were hired to promote the passage of a bond referendum for new school buildings was an unauthorized expenditure of public funds since a public entity may not use public funds to actively campaign for a favored position on a bond issue; moreover, this expenditure involved more than a mistaken exercise of authority, as the entire objective was unauthorized and the school children were wrongfully deprived of the benefit of these funds, and therefore board members who voted in favor of the contract would be personally liable for the amount of the unlawful expenditure. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

§ 37-9-4. Compensation of attorney employed by school board who is a member of the Legislature.

The compensation of any attorney employed by a school board who is a member of the Legislature shall be paid only from funds available to the school district that are not appropriated by the Legislature.

HISTORY: Laws, 2004, ch. 583, § 2, eff from and after June 30, 2004.

Editor’s Notes —

A former §37-9-4 [Laws, 1981, ch. 499, § 1; repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987] provided for employment of noncertified personnel and legal counsel.

§ 37-9-5. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

§37-9-5. [Codes, 1942, § 6411-14; Laws, 1953, Ex Sess, ch. 23, § 14]

Editor’s Notes —

Former §37-9-5 provided for the employment of truant officers, physical education teachers and visiting nurses in municipal separate school districts.

§ 37-9-7. Employment of unlicensed superintendent, principal or teacher; conditional contracts; expiration of license during term of contract.

It shall be unlawful for any superintendent, principal or teacher to be employed or contracted with to teach or serve in any of the public schools of this state who does not hold a proper license as required by the State Board of Education. However, the local school board, in its discretion, may authorize the superintendent to enter into a conditional contract with a teacher for a scholastic year, as defined in Section 37-61-1, or a portion thereof, contingent upon (1) the person’s graduation from an approved teacher education program before September 1 or the issuance of a proper license by the State Board of Education before October 15 for those individuals to be employed beginning with the first term of the scholastic year, or (2) the person’s graduation from an approved teacher education program before December 31 or the issuance of a proper teacher licensed by the State Board of Education before February 15 for those individuals to be employed beginning with the second term of the scholastic year. If the individual who is to be employed beginning with the first term of the scholastic year does not graduate before September 1, or if the individual who is to be employed beginning with the second term of the scholastic year does not graduate before December 31, then any conditional contract executed contingent upon the person’s graduation shall be null and void on September 1 or December 31, as the case may be. If the teacher who is to be employed beginning with the first term of the scholastic year fails to obtain a valid license before October 15, or if the teacher who is to be employed beginning with the second term of the scholastic year fails to obtain a valid license before February 15, then any conditional contract executed contingent upon the issuance of a proper license shall be null and void on October 15 or February 15, as the case may be. After a contract is declared null and void, the school district shall withhold from the employee’s final salary payment, or shall take such legal action as may be necessary to collect from the employee, any amounts above the amount paid to substitute teachers in that district which were paid to the employee before the contract conditioned upon the person’s graduation or being issued a proper license is voided. If the license held by any superintendent, principal or teacher expires during the life of any such contract and is not renewed, then such contract shall be null and void upon the expiration of such license which is not renewed.

HISTORY: Codes, 1942, § 6282-03; Laws, 1953, Ex Sess, ch. 20, § 3; Laws, 1997, ch. 545, § 4; Laws, 1998, ch. 408, § 1, eff from and after passage (approved March 20, 1998).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Powers and duties of the commission on teacher and administrator education, certification and development, see §37-3-2.

RESEARCH REFERENCES

ALR.

Revocation of teacher’s certificate for moral unfitness. 97 A.L.R.2d 827.

Use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher’s certificate. 47 A.L.R.3d 754.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 160, 161.

CJS.

78 C.J.S., Schools and School Districts §§ 412 et seq.

§ 37-9-8. Repealed.

Repealed by Laws, 1997, ch. 545, § 29, eff from and after passage (approved April 10, 1997).

[Laws, 1991, ch. 502, § 2; Laws, 1993, ch. 602, § 1; Laws, 1995, ch. 448, § 2].

Editor’s Notes —

Former §37-9-8 provided certain academic requirements for teacher education programs.

§ 37-9-9. Rules and regulations governing issuance of teachers’ certificates; compensation of teachers serving special needs of district.

No teacher shall experience a reduction in salary for the purpose of serving the special teaching needs of their public school district. All teachers teaching in areas of need as requested by their school district shall receive a salary in an amount commensurate with their highest level of certification and licensure.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 6282-27; Laws, 1953, Ex Sess, ch. 20, § 27; Laws, 1992, ch. 445, § 1; Laws, 1994, ch. 581, § 15; Laws, 1997, ch. 545, § 5; Laws, 1997, ch. 588, § 16, eff from and after July 1, 1997.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the second paragraph. The subsection number “(3)” that had appeared at the beginning of the paragraph was deleted (the section contained a (3), but not a (1) or (2)). The Joint Committee ratified the correction at its April 28, 1999 meeting.

Section 5 of ch. 545 Laws of 1997, amended this section, effective from and after passage (approved April 10, 1997). Section 16 of ch. 588, Laws of 1997, effective July 1, 1997, also amended this section. As set out above, this section reflects the language of Section 16 of ch. 588, Laws of 1997, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Cross References —

Commission on teacher and administrator education, certification and development; membership; powers and duties, see §37-3-2.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 160, 161.

CJS.

78 C.J.S., Schools and School Districts § 412.

§ 37-9-11. Testing of applicants for teacher licensure.

The State Board of Education is authorized and directed to require tests or an examination of achievement as one of the requirements for the issuance of public school professional licenses issued after July 1, 1997, to any person applying for the first time for a professional license.

Scores on said test or tests shall be made a part of the record of the applicant and maintained in the files of the Office of Teacher Certification and Licensure Division of the State Department of Education.

The State Board of Education is further authorized at its discretion to make determinations of minimum scores required of a person applying for the first time for a professional license.

The State Board of Education shall, at its discretion, determine conditions that would prevail should a person desire to take said test or tests more than once.

HISTORY: Codes, 1942, § 6244-31; Laws, 1971, ch. 357, § 1; Laws, 1997, ch. 545, § 6, eff from and after passage (approved April 10, 1997).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Powers and duties of the commission on teacher and administrator education, certification and development, see §37-3-2.

RESEARCH REFERENCES

ALR.

Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers. 64 A.L.R.4th 642.

§ 37-9-12. Referendum on continuation or abolition of office of county superintendent of education [Repealed effective January 1, 2019].

The qualified electors of any county having an elected county superintendent of education on July 1, 1986, shall decide at the November 1988 general election whether (a) to continue to have such office elected, or (b) to abolish such office of county superintendent of education in the county. Provided, however, that no such referendum shall be held on the office of administrative superintendent in a county having an administrative superintendent as defined in Section 37-6-3, Mississippi Code of 1972. The county board of supervisors of such counties shall publish notice of said election once a week for at least three (3) consecutive weeks prior to the November 1988 general election in at least one (1) newspaper published or circulated in such county. The proposition shall be submitted to a vote of all qualified electors residing outside the territory of any municipal separate or special municipal separate school district located within such county. Such election shall be held in the same manner as other elections are held in the county. If a majority of the qualified electors who voted in such election vote in favor of the abolition of such office, such abolishment shall be effective at the end of any regular term of office or whenever a vacancy shall occur in said office. In counties where the office of elected county superintendent of education has been abolished, it shall not be reinstated.

HISTORY: Laws, 1986, ch. 492, § 203; Laws, 1987, ch. 307, § 6, eff from and after May 24, 1988 (the date the United States Attorney General interposed no objection to the amendment of this section).

Editor’s Notes —

Laws of 2016, ch. 311, § 3, provides:

“SECTION 3. Effective January 1, 2019, Sections 37-5-61, 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 elected county superintendents of education, changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and 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, are hereby repealed.”

Cross References —

County superintendent of education functions, election and term of office, see §§37-5-61 et seq.

Abolition of office of county superintendent of education in certain counties, see §§37-5-69,37-7-725.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

§ 37-9-13. Selection of superintendent of school district; qualifications of superintendent [Effective until July 1, 2019].

  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.

HISTORY: Codes, 1942, § 6282-04; Laws, 1953, Ex Sess, ch. 20, § 4; Laws, 1960, ch. 300; Laws, 1981, ch. 499, § 3; Laws, 1986, ch. 492, § 60; Laws, 1987, ch. 307, § 7; Laws, 1988, ch. 342, § 1; Laws, 1997, ch. 545, § 7; Laws, 2016, ch. 311, § 1; Laws, 2017, ch. 301, § 1; Laws, 2017, ch. 442, § 1, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 1 of Chapter 301, Laws of 2017, effective from and after passage (approved January 17, 2017), amended this section. Section 1 of Chapter 442, Laws of 2017, effective from and after July 1, 2017 (approved April 18, 2017), also amended this section. As set out above, this section reflects the language of Section 1 of Chapter 442, Laws of 2017, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Amendment Notes —

The 2016 amendment added (2).

The first 2017 amendment (ch. 301), effective January 17, 2017, added the next-to-last sentence of (2).

The second 2017 amendment (ch. 442), in (1), deleted “had not less than four (4) years of” preceding “classroom or administrative experience,” and added “of not less than six (6) years…Mississippi Department of Education” thereafter; added the next-to-last sentence of (2); and added (3) and (4).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Commission on teacher and administrator education, certification and licensure and development membership, powers and duties, see §37-3-2.

County superintendent of education to have qualifications prescribed by this section, see §37-5-71.

Abolition and discontinuance of office of county superintendent of education in certain counties where special municipal separate school district embraces entire county and devolution of his functions upon district superintendent, see §37-7-725.

Procedures designed to insure fair dismissal of school personnel, see §§37-9-101 to37-9-113.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 160, 161, 168, 173 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 458 et seq., 537, 538.

JUDICIAL DECISIONS

1. In general.

Code 1942, § 6328-54 under which county boards of education have discretion with regard to the selection of a superintendent for a line consolidated school district, was not amended by implication by Code 1942, § 6282-04, as amended, under which county boards of education have no discretion in the selection of superintendents for certain school districts, and therefore the county board of education retained discretion to approve or disapprove the nomination of a superintendent of a line consolidated school district. Belk v. Bean, 247 So. 2d 821, 1971 Miss. LEXIS 1459 (Miss. 1971).

§ 37-9-13. Selection of superintendent of school district; qualifications of superintendent [Effective July 1, 2019].

    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. Notwithstanding the provisions of subsection (4) of this section, no person shall be eligible to the office of superintendent of schools if the person has pled guilty to or been convicted of any state or federal offense in which he or she unlawfully took, obtained or misappropriated funds received by or entrusted to the person by virtue of his or her public office or employment.
  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)(a) 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)(a) 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.

HISTORY: Codes, 1942, § 6282-04; Laws, 1953, Ex Sess, ch. 20, § 4; Laws, 1960, ch. 300; Laws, 1981, ch. 499, § 3; Laws, 1986, ch. 492, § 60; Laws, 1987, ch. 307, § 7; Laws, 1988, ch. 342, § 1; Laws, 1997, ch. 545, § 7; Laws, 2016, ch. 311, § 1; Laws, 2017, ch. 301, § 1; Laws, 2017, ch. 442, § 1, eff from and after July 1, 2017; Laws, 2019, ch. 362, § 3, eff from and after July 1, 2019.

§ 37-9-14. General duties and powers of superintendent of school district.

  1. It shall be the duty of the superintendent of schools to administer the schools within his district and to implement the decisions of the school board.
  2. In addition to all other powers, authority and duties imposed or granted by law, the superintendent of schools shall have the following powers, authority and duties:
    1. To enter into contracts in the manner provided by law with each assistant superintendent, principal and teacher of the public schools under his supervision, after such assistant superintendent, principal and teachers have been selected and approved in the manner provided by law.
    2. To enforce in the public schools of the school district the courses of study provided by law or the rules and regulations of the State Board of Education, and to comply with the law with reference to the use and distribution of free textbooks.
    3. To administer oaths in all cases to persons testifying before him relative to disputes relating to the schools submitted to him for determination, and to take testimony in such cases as provided by law.
    4. To examine the monthly and annual reports submitted to him by principals and teachers for the purpose of determining and verifying the accuracy thereof.
    5. To preserve all reports of superintendents, principals, teachers and other school officers, and to deliver to his successor or clerk of the board of supervisors all money, property, books, effects and papers.
    6. To prepare and keep in his office a map or maps showing the territory embraced in his school district, to furnish the county assessor with a copy of such map or maps, and to revise and correct same from time to time as changes in or alterations of school districts may necessitate.
    7. To keep an accurate record of the names of all of the members of the school board showing the districts for which each was elected or appointed, the post office address of each, and the date of the expiration of his term of office. All official correspondence shall be addressed to the school board, and notice to such members shall be regarded as notice to the residents of the district, and it shall be the duty of the members to notify such residents.
    8. To deliver in proper time to the assistant superintendents, principals, teachers and board members such forms, records and other supplies which will be needed during the school year as provided by law or any applicable rules and regulations, and to give to such individuals such information with regard to their duties as may be required.
    9. To make to the school board reports for each scholastic month in such form as the school board may require.
    10. To distribute promptly all reports, letters, forms, circulars and instructions which he may receive for the use of school officials.
    11. To keep on file and preserve in his office all appropriate information concerning the affairs of the school district.
    12. To visit the schools of his school district in his discretion, and to require the assistant superintendents, principals and teachers thereof to perform their duties as prescribed by law.
    13. To observe such instructions and regulations as the school board and other public officials may prescribe, and to make special reports to these officers whenever required.
    14. To keep his office open for the transaction of business upon the days and during the hours to be designated by the school board.
    15. To make such reports as are required by the State Board of Education.
    16. To make an enumeration of educable children in his school district as prescribed by law.
    17. To keep in his office and carefully preserve the public school record provided, to enter therein the proceedings of the school board and his decision upon cases and his other official acts, to record therein the data required from the monthly and term reports of principals and teachers, and from the summaries of records thus kept.
    18. To delegate student disciplinary matters to appropriate school personnel.
    19. To make assignments to the various schools in the district of all noninstructional and nonlicensed employees and all licensed employees, as provided in Sections 37-9-15 and 37-9-17, and to make reassignments of such employees from time to time; however, a reassignment of a licensed employee may only be to an area in which the employee has a valid license issued by the State Department of Education. Upon request from any employee transferred, such assignment shall be subject to review by the school board.
    20. To employ substitutes for licensed employees, regardless of whether or not such substitute holds the proper license, subject to such reasonable rules and regulations as may be adopted by the State Board of Education.
    21. To comply in a timely manner with the compulsory education reporting requirements prescribed in Section 37-13-91(6).
    22. To perform such other duties as may be required of him by law.
    23. To notify, in writing, the parent, guardian or custodian, the youth court and local law enforcement of any expulsion of a student for criminal activity as defined in Section 37-11-29.
    24. To notify the youth court and local law enforcement agencies, by affidavit, of the occurrence of any crime committed by a student or students upon school property or during any school-related activity, regardless of location and the identity of the student or students committing the crime.
    25. To employ and dismiss noninstructional and nonlicensed employees as provided by law.
    26. To temporarily employ licensed and nonlicensed employees to fill vacancies which may occur from time to time without prior approval of the board of trustees, provided that the board of trustees is notified of such employment and the action is ratified by the board at the next regular meeting of the board. A school district may pay a licensed employee based on the same salary schedule as other contracted licensed employees in the district until school board action, at which time a licensed employee approved by the school board enters a contract. If the board, within thirty (30) days of the date of employment of such employee under this subsection, takes action to disapprove of the employment by the superintendent, then the employment shall be immediately terminated without further compensation, notice or other employment rights with the district. The terminated employee shall be paid such salary and fringe benefits that such employee would otherwise be entitled to from the date of employment to the date of termination for days actually worked.
  3. All funds to the credit of a school district shall be paid out on pay certificates issued by the superintendent upon order of the school board of the school district properly entered upon the minutes thereof, and all such orders shall be supported by properly itemized invoices from the vendors covering the materials and supplies purchased. All such orders and the itemized invoices supporting same shall be filed as a public record in the office of the superintendent for a period of five (5) years. The superintendent shall be liable upon his official bond for the amount of any pay certificate issued in violation of the provisions of this section. The school board shall have the power and authority to direct and cause warrants to be issued against such district funds for the purpose of refunding any amount of taxes erroneously or illegally paid into such fund when such refund has been approved in the manner provided by law.
  4. The superintendent of schools shall be special accounting officer and treasurer with respect to any and all district school funds for his school district. He or his designee shall issue all warrants without the necessity of registration thereof by the chancery clerk. Transactions with the depositories and with the various tax collecting agencies which involve school funds for such school district shall be with the superintendent of schools, or his designee.
  5. The superintendent of schools will have no responsibility with regard to agricultural high school and junior college funds.

    All agricultural high school and junior college funds shall be handled and expended in the manner provided for in Sections 37-29-31 through 37-29-39.

  6. It shall be the duty of the superintendent of schools to keep and preserve the minutes of the proceedings of the school board.
  7. The superintendent of schools shall maintain as a record in his office a book or a computer printout in which he shall enter all demands, claims and accounts paid from any funds of the school district. The record shall be in a form to be prescribed by the State Auditor. All demands, claims and accounts filed shall be preserved by the superintendent of schools as a public record for a period of five (5) years. All claims found by the school board to be illegal shall be rejected or disallowed. To the extent allowed by board policy, all claims which are found to be legal and proper may be paid and then ratified by the school board at the next regularly scheduled board meeting, as paid by the superintendent of schools. All claims as to which a continuance is requested by the claimant and those found to be defective but which may be perfected by amendment shall be continued. The superintendent of schools shall issue a pay certificate against any legal and proper fund of the school district in favor of the claimant in payment of claims. The provisions of this section, however, shall not be applicable to the payment of salaries and applicable benefits, travel advances, amounts due private contractors or other obligations where the amount thereof has been previously approved by a contract or by an order of the school board entered upon its minutes, or paid by board policy, or by inclusion in the current fiscal year budget, and all such amounts may be paid by the superintendent of schools by pay certificates issued by him against the legal and proper fund without allowance of a specific claim therefor as provided in this section, provided that the payment thereof is otherwise in conformity with law.

HISTORY: Laws, 1986, ch. 492, § 61; Laws, 1987, ch. 307, § 8; Laws, 1991, ch. 539, § 1; Laws, 1994, ch. 636, § 1; Laws, 1994, ch. 607, § 13; Laws, 1995, ch. 426, § 1; Laws, 1999, ch. 358, § 1; Laws, 2005, ch. 394, § 2; Laws, 2008, ch. 383, § 1, eff from and after passage (approved Mar. 31, 2008.).

Joint Legislative Committee Note —

Paragraph (w) of subsection (2) of this section contained an incorrect reference to “Section 37-11-92.” In 2007, the reference was changed to “Section 37-11-29” at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation. The correction was ratified by the Joint Committee, pursuant to Section 1-1-109, at the Committee’s August 5, 2008, meeting.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Paragraph (w) of subsection (2) of this section contained an incorrect reference to “Section 37-11-92.” The reference was changed to “Section 37-11-29” at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Amendment Notes —

The 1999 amendment, in (2), rewrote (s), substituted “licensed employees” for “certified employees” and “license” for “certification” in (t), and substituted “nonlicensed employees ” for “noncertified employees” in (y); in (3), substituted “the school district” for “said school district ”; and in (7), substituted “The record” for “Said record” in the second sentence.

The 2005 amendment rewrote (7) to authorize local school boards to adopt rules allowing the school superintendent to pay school district claims to be ratified by the board at the next regular meeting.

The 2008 amendment added (2)(z).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Powers and duties of superintendent of school district to select assistant superintendents and principals, see §37-9-15.

Textbooks generally, see §§37-43-1 et seq.

Youth court generally, see §§43-21-101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Reassignment of certificated employees is not subject to approval by school board, but such assignments are subject to school board review if certificated employee requests review; inherent in board’s authority to make such review is authority to overrule assignment. Bishop, Dec. 9, 1992, A.G. Op. #92-0935.

Travel expenses of non-school board personnel requires the approval of the school board pursuant to Sections 37-9-14 (7) and 37-7-301(o). Hand, February 1, 1995, A.G. Op. #95-0008.

The school board must be allowed to reject or approve all claims before pay certificates are issued by the superintendent of education; however, pay certificates may be issued by the superintendent without prior approval of the school board on the payment of specific claims in accordance with the exceptions set out in subsection (7) of this section. Henderson, Dec. 6, 2002, A.G. Op. #02-0658.

All claims that do not fall within the purview of the exceptions provided in subsection (7) of this section are to be presented to the school board for payment or rejection. Adams, Apr. 4, 2003, A.G. Op. 03-0088.

A local school board has the authority to establish policies and procedures regarding Sections 37-9-14 and 37-11-29; however, these policies and procedures may not be in conflict with the requirements of these two statutes. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

An arrest is not a prerequisite to making an immediate report to local law enforcement. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

The reporting of unlawful activity to a district employed law enforcement officer does not meet the reporting criteria for Sections 37-9-14 and 37-11-29. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

When a superintendent has a reasonable belief that an unlawful act has occurred on educational property or during a school related activity, a report must be made to local law enforcement at once and without delay. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

Subject to any lawfully adopted policies or preexisting contractual obligations, a school board in its discretion may reassign a nonlicensed employee to a position with lesser duties and responsibilities and may also reduce the salary of the employee. Smith, Mar. 19, 2004, A.G. Op. 04-0114.

There is no specific statutory authority for a school board to dismiss non-licensed employees on its own initiative. That authority has been granted specifically to the superintendent in subdivision (2)(y) of this section. Rhodes, Nov. 5, 2004, A.G. Op. 04-0509.

A board of education does not have the authority to direct a superintendent of education as to the person who shall keep notes from which minutes of board meetings are prepared. Lee, July 1, 2005, A.G. Op. 05-0603.

Section 37-9-14 (2)(y) does not permit the superintendent of education to renew an “At-Will Agreement” for coaches and to make salary payments according to the Agreement for the ensuing school year without affirmative action by the board of education. Kopf, Aug. 2, 2005, A.G. Op. 05-0349.

JUDICIAL DECISIONS

1. In general.

2. Illustrative cases.

1. In general.

Circuit court erred in denying a school district’s motion for summary judgment as to a mother’s negligence claim because the Mississippi Tort Claims Act, Miss Code Ann. §11-46-9(1)(d), operated to shield the district and its coaches and employees from any liability for the death of her son, who allegedly suffered from heat stroke during football practice, since nothing in the record indicated that the district and/or the football coaches, or any district employee or staff member, violated any statute, ordinance, or regulation concerning conducting football practice, and the conduct at issue constituted discretionary behavior; Miss. Code Ann. §37-9-14 sets forth the responsibilities and powers of the superintendent, and in no way does this statute imply any duties pertaining to the oversight of athletic practices. Covington County Sch. Dist. v. Magee, 29 So.3d 1, 2010 Miss. LEXIS 45 (Miss. 2010).

Mississippi Education Employment Procedures Law did not apply to a case where a former employee was transferred to an alternative school after teaching biology at a junior high and high school because contract that the employee signed stipulated that the school district had the authority to transfer her, a reassignment was permitted under Miss. Code Ann. §37-9-14(2)(s), and the reassignment was according to educator licensure guidelines in Mississippi. Winters v. Calhoun County Sch. Dist., 990 So. 2d 238, 2008 Miss. App. LEXIS 193 (Miss. Ct. App. 2008).

Superintendent received the photocopy of the claimed weapon and made the determination that the nail file device was a knife and the student was to be suspended; even if the school district could have placed its power to make the ultimate decision regarding the disciplinary action in the superintendent, her decision to expel the student by relying solely upon the report from the Appeals Committee and a faxed photocopy of an item that did not match the description given by a witness was arbitrary and capricious. Hinds County Sch. Dist. Bd. of Trs. v. R.B., 10 So.3d 495, 2007 Miss. App. LEXIS 626 (Miss. Ct. App. 2007), rev'd, 10 So.3d 387, 2008 Miss. LEXIS 606 (Miss. 2008).

“Nonrenewal” is not defined in Miss. Code Ann. §37-9-17, and there is no basis from which to infer that the mere changing of terms in the contract is in and of itself a nonrenewal. However, whether the teacher incurs a demotion, whether there is less pay or less responsibility in the new position, whether it requires less skill, or is otherwise a diminishment of position are factors to consider. Bd. of Educ. v. Fisher, 874 So. 2d 1019, 2004 Miss. App. LEXIS 503 (Miss. Ct. App. 2004).

2. Illustrative cases.

Caucasian retired school principal’s equal protection claim based on constructive discharge against superintendents was held in abeyance because there was a question as to whether their liability was subject to qualified immunity; as administrators, they had wide responsibilities involving the allocation of district funds so they were “policymakers.” Idom v. Natchez-Adams Sch. Dist., 115 F. Supp. 3d 792, 2015 U.S. Dist. LEXIS 91321 (S.D. Miss. 2015).

Where a teacher was terminated for accessing confidential student information, the teacher’s malicious interference with employment claim survived because, regarding presuit notice under the Mississippi Torts Claims Act, the superintendent did not address the Zumwalt decision in rebuttal or attempt to distinguish it, and the determination of whether the superintendent acted in bad faith and “without right or justifiable cause” presented a fact issue. Dearman v. Stone County Sch. Dist., — F. Supp. 3d —, 2014 U.S. Dist. LEXIS 37489 (S.D. Miss. Mar. 21, 2014).

§ 37-9-15. Selection of assistant superintendents and principals; interim conservators.

No later than February 15 of each year, the superintendent of each school district, or such other person designated or authorized by the school board, shall recommend to the school board thereof the assistant superintendents and principals to be employed for each of the schools of the districts except in the case of those assistant superintendents and principals who have been previously employed and who have a contract valid for the ensuing scholastic year. Unless good reason to the contrary exists, the school board shall approve and authorize the employment of the assistant superintendents and principals so recommended. If, for any reason, the school board shall decline to approve an assistant superintendent or principal so recommended, the superintendent or the board’s designee shall make additional recommendations for the place or places to be filled.

When the assistant superintendents and principals of the schools have been recommended and approved as provided in the preceding paragraph, the superintendent of such district shall enter into proper contracts with them. At a subsequent meeting he shall report same to the school board and such shall be entered in the minutes.

An interim conservator appointed pursuant to the provisions of Section 37-17-6(14)(a) shall not be required to comply with the time limitations prescribed in this section for recommending and employing assistant superintendents and principals.

HISTORY: Codes, 1942, §§ 6282-05, 6282-06; Laws, 1953, Ex Sess, ch. 20, §§ 5, 6; Laws, 1960, ch. 300, § 2; Laws, 1976, ch. 349; Laws, 1981, ch. 499, § 4; Laws, 1986, ch. 492, § 67; Laws, 1993, ch. 562, § 4; Laws, 1996, ch. 302, § 3, eff from and after passage approved (March 4, 1996).

Cross References —

Powers and duties of superintendent of school district to select assistant superintendents, supervisors and principals, see §37-9-14.

Local school board not required to comply with the time limits prescribed in this section when considering a reduction in personnel or in local supplements, see §37-9-18.

Procedures designed to insure fair dismissal of school personnel, see §§37-9-101 through37-9-113.

Written notice of determination not to offer employee renewal contract, see §37-9-105.

Authority of State Board of Education as to school districts declared to be in a state of emergency, generally, see §37-17-6.

OPINIONS OF THE ATTORNEY GENERAL

In regard to personnel matters, Sections 37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37-9-105 and 37-9-59, with the exception of the step-aside provisions of 37-9-17, require the recommendation of the superintendent before the board may act upon the employment of non-instructional employees and certificated employees. Hand, February 1, 1995, A.G. Op. #95-0008.

A school board is allowed by §37-9-15 to designate a person other than the superintendent to recommend employment of persons as principals and assistant superintendents. Brown, Sept. 20, 2002, A.G. Op. #02-0418.

A school superintendent may not reassign a teacher to the Title I coordinator position without school board approval. Furthermore, school board approval is required before the superintendent’s or other designated person’s recommendation for the Title I coordinator may be employed pursuant to this section. Dearman, Feb. 13, 2004, A.G. Op. 04-0300.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 160, 161, 168, 173 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 450 et seq.

Law Reviews.

1978 Mississippi Supreme Court Review: Administrative Law. 50 Miss. L. J. 11, March 1979.

JUDICIAL DECISIONS

1. In general.

2. “Recommended”.

3. Power of county board of education.

4. Miscellaneous.

5. Standard of review.

1. In general.

Miss. Code §37-9-15 and Mississippi School Employment Procedures Law (§§37-9-101 et seq.) do not create in and of themselves protectible property interest in public school employment; §37-9-15 does not create entitlement in nontenured teacher to reemployment unless good cause is shown by district for not accepting superintendent’s recommendation of tenure, and any reason may be basis for district declining to approve re-employment of particular person. Housley v. North Panola Consolidated School Dist., 656 F. Supp. 1087, 1987 U.S. Dist. LEXIS 3290 (N.D. Miss. 1987).

2. “Recommended”.

The word “recommend” as used in this section [Code 1942, § 6282-05] contemplates that the county superintendent will make his recommendation in writing and submit to the county board the results of an investigation into the qualifications of his nominee. Lott v. State ex rel. Kelly, 239 Miss. 96, 121 So. 2d 402 (1960).

3. Power of county board of education.

Financial adviser found that elimination of personnel and positions was required as part of the remedy for the school district’s deficit. The school district had the authority to alter the offer of renewed employment that had already been made to the assistant principal even after the deadline that would usually apply to school employee contract renewal. McKnight v. Mound Bayou Pub. Sch. Dist., 879 So. 2d 493, 2004 Miss. App. LEXIS 223 (Miss. Ct. App. 2004).

Under mandatory requirement that a school board notify an employee of its decision within seven days after the completion of a hearing, a school board without power to rescind an order reemploying a principal more than seven days following the date of the hearing; although the superintendent had the exclusive right to recommend a principal for employment, this right was subject to the power of the school board to conduct a hearing when a principal was not recommended and to order his reemployment; however, the burden of going forward rested with the employee. Lamar County School Board v. Saul, 359 So. 2d 350, 1978 Miss. LEXIS 2260 (Miss. 1978).

While a county board of education may for good cause decline to employ as principal one recommended by the county superintendent of education, it may not appoint a principal without the superintendent’s recommendation. Lott v. State ex rel. Kelly, 239 Miss. 96, 121 So. 2d 402 (1960).

Unless good cause exists for the county board’s refusal to appoint as principal one recommended by the county superintendent of education, the board must make the appointment without regard to the individual preferences of the majority of its members. Lott v. State ex rel. Kelly, 239 Miss. 96, 121 So. 2d 402 (1960).

4. Miscellaneous.

Statute [Miss. Code Ann. §37-9-105] setting March 1 as absolute final date when nonrenewal notice can be given to a principal applied to termination of high school principal, rather than statute [Miss. Code Ann. §37-9-15] stating that no later than February 15, recommendation should be made to school board of principals to be employed for each of the schools of the districts. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

District court judgment for defendants in suit by principal of public school alleging that he was discharged for constitutionally impermissible reasons was affirmed on the ground that the findings of the district court were not clearly erroneous and the facts did not support plaintiff’s claim. Callahan v. Price, 505 F.2d 83, 1974 U.S. App. LEXIS 5653 (5th Cir. Miss. 1974), cert. denied, 423 U.S. 927, 96 S. Ct. 273, 46 L. Ed. 2d 254, 1975 U.S. LEXIS 3166 (U.S. 1975).

5. Standard of review.

Decision by a school district board of trustees not to follow the superintendent’s recommendation to renew a school principal’s employment contract was not arbitrary and capricious because the board had a valid educational reason – the low academic performance of the principal’s school – for not renewing the principal’s employment contract. Giles v. Shaw Sch. Dist., 203 So.3d 1165, 2016 Miss. App. LEXIS 736 (Miss. Ct. App. 2016).

§ 37-9-16. Repealed.

Repealed by Laws of 2009, ch. 516, § 10, effective on or after passage (April 8, 2009).

§37-9-16. [Laws, 2008, ch. 527, § 1, eff_______________(the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the enactment of this section).]

Editor’s Notes —

Former §37-9-16 provided for the removal of appointed or elected school superintendents of underperforming school districts under certain circumstances.

Laws of 2008, ch. 527, did not receive preclearance under Section 5 of the Voting Rights Act of 1965, as amended and extended.

§ 37-9-17. Selection of licensed employees or non-instructional employees to be employed for school year; increase in compensation of certain licensed employees; fingerprinting and criminal background checks for applicants [Effective until July 1, 2019].

  1. On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.

    When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.

    If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual’s contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.

  2. Superintendents/directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that such criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in such school under the purview of the State Board of Education or at such local school district prior to July 1, 2000. In order to determine the applicant’s suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, the school board of the local school district or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall a member of the State Board of Education, superintendent/director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for herein and shall be responsible for the same fee charged in the case of local public schools of this state. The determination whether the applicant has a disqualifying crime, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firm whether a disqualifying crime exists.
  3. If such fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent/director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check. However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for such purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school. The State Board of Education or local school board may grant waivers for such mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school.
  4. No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.

HISTORY: Codes, 1942, §§ 6282-07, 6282-08, 6282-09; Laws, 1953, Ex Sess, ch. 20, §§ 7-9; Laws, 1960, ch. 300, § 3; Laws, 1981, ch. 499, § 5; Laws, 1986, ch. 492, § 68; Laws, 1989, ch. 491, § 1; Laws, 1997, ch. 545, § 8; Laws, 1998, ch. 408, § 2; Laws, 2000, ch. 486, § 1; Laws, 2000, ch. 587, § 1; Laws, 2001, ch. 500, § 12; Laws, 2002, ch. 583, § 1; Laws, 2003, ch. 546, § 7; Laws, 2004, ch. 550, § 1; Laws, 2005, ch. 538, § 1, eff from and after July 1, 2005.

Joint Legislative Committee Note —

Section 1 of ch. 486, Laws of 2000, effective from and after its passage (approved April 25, 2000), amended this section. Section 1 of ch. 587, Laws of 2000, effective from and after July 1, 2000, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 587, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference in (3) by substituting “Section 45-33-23(h)” for “Section 45-33-23(g).” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Amendment Notes —

The first 2000 amendment (ch. 486), in the first paragraph, inserted “or noninstructional employees” twice, and inserted the fifth sentence.

The second 2000 amendment (ch. 587) added (2) through (5); and rewrote (1).

The 2001 amendment rewrote the section.

The 2002 amendment deleted former (5), which contained a repealer for (2) through (5).

The 2003 amendment added the last sentence in (2).

The 2004 amendment substituted “adequate” for “minimum” in the third paragraph of (1); in (2), inserted “or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher,” and added the last five sentences; inserted “or by a private firm” in the first sentence of (3); substituted “State Board of Education” for “Mississippi Board of Education” throughout the section; and made minor stylistic changes.

The 2005 rewrote (2) to provide that when a private firm is under contract with a local public school district to provide substitute teachers, the private firm shall request local law enforcement to submit the substitute teachers’ fingerprint cards for a criminal history record.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Powers and duties of superintendent of school district to select teachers, see §37-9-14.

Procedures designed to insure fair dismissal of school personnel, see §§37-9-101 to37-9-113.

Written notice of determination not to offer employee renewal contract, see §37-9-105.

Code of student conduct, see §37-11-55.

OPINIONS OF THE ATTORNEY GENERAL

School board may adopt rule and policy to prohibit principal from employing or recommending spouse, including spouse who teaches, in school in which the other spouse serves as principal. Farese, May 17, 1991, A.G. Op. #91-0314.

In regard to personnel matters, Sections 37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37-9-105 and 37-9-59, with the exception of the step-aside provisions of 37-9-17, require the recommendation of the superintendent before the board may act upon the employment of non-instructional employees and certificated employees. Hand, February 1, 1995, A.G. Op. #95-0008.

By refusing to bring the recommendation to a vote, the board has “declined to elect” the employee within the meaning of the statute. Lowrey, July 31, 1998, A.G. Op. #98-0441.

There is no authority for a school board to both recommend and employ teachers; in addition, only in the limited circumstances of a potential conflict of interest may a school board consider designating other school officials to make, accept, or transmit these employment recommendations to the board. Lowrey, July 31, 1998, A.G. Op. #98-0441.

The statute does not allow a school district to require a criminal record background check and/or fingerprint check of non-employees on campus, i.e., a person employed and paid by another entity but working with students on campus. Tutor, Mar. 20, 2001, A.G. Op. #01-0688.

A business manager for a school district does not fall under the purview of the statute as the statute pertains to employees of schools, not to employees of the main office of the school district. Varas, Apr. 12, 2002, A.G. Op. #02-0137.

A school board is allowed by §37-9-17 to appoint someone other than the superintendent to accept and bring recommendations to the board for two positions, be it a licensed employee or a noninstructional employee, for each school in each employment period. Brown, Sept. 20, 2002, A.G. Op. #02-0418.

A new hire may begin performance of work assignments as required by the school district and continue the performance of these duties until such time that the new hire receives a disqualifying fingerprint or criminal record check. At such time, the local school board may declare the employment contract void. Buck, Mar. 26, 2004, A.G. Op. 04-0096.

There is no specific statutory authority for a school board to dismiss non-licensed employees on its own initiative. That authority has been granted specifically to the superintendent in §37-9-14 (2)(y). Rhodes, Nov. 5, 2004, A.G. Op. 04-0509.

RESEARCH REFERENCES

ALR.

Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees. 75 A.L.R.4th 272.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 160, 161, 168, 173 et seq.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 141 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 450 et seq.

Law Reviews.

1978 Mississippi Supreme Court Review: Administrative Law. 50 Miss. L. J. 11, March 1979.

JUDICIAL DECISIONS

1. In general.

2. Procedures related to hiring.

3. Procedures related to termination.

4. Tenure and reemployment.

5. Particular grounds for employment action.

6. Injunctive relief.

1. In general.

A teacher in Mississippi has no vested right to a contract of employment but may not be refused employment because of race or because of a properly exercised constitutional right. Jennings v. Meridian Municipal Separate School Dist., 337 F. Supp. 567, 1970 U.S. Dist. LEXIS 9109 (S.D. Miss. 1970), aff'd, 453 F.2d 413, 1971 U.S. App. LEXIS 6510 (5th Cir. Miss. 1971).

2. Procedures related to hiring.

Plaintiff who was never recommended to the school board by the superintendent and not hired by the board pursuant to any recommendation has no enforceable rights against the school board for its refusal to honor an employment contract the plaintiff signed as career awareness counselor, since the instrument which was tendered by the superintendent never ripened into an enforceable contract without board approval. Jones v. Birdsong, 530 F. Supp. 221, 1980 U.S. Dist. LEXIS 17012 (N.D. Miss. 1980), aff'd, 679 F.2d 24, 1982 U.S. App. LEXIS 19001 (5th Cir. Miss. 1982).

Where the county superintendent of education did not recommend a teacher for reemployment during coming school year, the board of education was without authority to employ her, and it was not a proper party to an action by a teacher seeking injunctive relief requiring her employment. Henry v. Coahoma County Board of Education, 246 F. Supp. 517, 1963 U.S. Dist. LEXIS 7485 (N.D. Miss. 1963), aff'd, 353 F.2d 648, 1965 U.S. App. LEXIS 3767 (5th Cir. Miss. 1965).

Failure of the minutes of the county board of education to show that a motion made and seconded, authorizing the county superintendent to enter into a contract with many persons, among them the petitioner, at stated salaries, as teachers in the public schools, was approved constituted a clerical error so that its omission was insufficient to deprive the county board’s order of its undisputed purpose, and petitioner, who subsequently signed an employment contract with the county superintendent, which stated that the petitioner had been duly selected according to law, had a valid contract of employment. Cheatham v. Smith, 229 Miss. 803, 92 So. 2d 203, 1957 Miss. LEXIS 328 (Miss. 1957).

3. Procedures related to termination.

The notice provisions of Code §37-9-17 and §37-9-105, relating to termination of teaching services, are mandatory; hence, the trial court erred in dismissing an injunction suit to prevent termination of teaching services, where the superintendent of the school district failed to tender notice of termination to the teacher within seven days of April 1, 1976. McDonald v. East Jasper County School Dist., 351 So. 2d 531, 1977 Miss. LEXIS 1933 (Miss. 1977).

4. Tenure and reemployment.

“Nonrenewal” is not defined in Miss. Code Ann. §37-9-17, and there is no basis from which to infer that the mere changing of terms in the contract is in and of itself a nonrenewal. However, whether the teacher incurs a demotion, whether there is less pay or less responsibility in the new position, whether it requires less skill, or is otherwise a diminishment of position are factors to consider. Bd. of Educ. v. Fisher, 874 So. 2d 1019, 2004 Miss. App. LEXIS 503 (Miss. Ct. App. 2004).

Where teacher sued the school board over nonrenewal of an earlier contract without the required notice, the issue was whether the new contract was sufficiently different from the teacher’s previous contract to constitute a nonrenewal. Fact issues as to the relative status of the two positions and whether the difference in pay was solely the result of the different number of days legitimately required remained unresolved; the ultimate consideration in determining whether there was a demotion centered not just on pay, but on responsibility, or other relevant factors, such as whether one of the positions was a lesser one, so that, because fact questions remained relating to whether the teacher had sustained a true demotion without the required statutory notice, summary judgment for the school board was improper. Bd. of Educ. v. Fisher, 874 So. 2d 1019, 2004 Miss. App. LEXIS 503 (Miss. Ct. App. 2004).

Teachers working under contracts executed pursuant to the provisions of this section [Code 1942, § 6282-07] do not accumulate tenure and thus the fact that a teacher had a contract with a school for 9 years was not determinative of his right to a contract in the school system. Jennings v. Meridian Municipal Separate School Dist., 337 F. Supp. 567, 1970 U.S. Dist. LEXIS 9109 (S.D. Miss. 1970), aff'd, 453 F.2d 413, 1971 U.S. App. LEXIS 6510 (5th Cir. Miss. 1971).

Where by law teachers’ contracts of employment were made only for a term of one year, and reemployment was conditioned entirely upon the recommendation of the county superintendent of education, the fact that a teacher had been previously employed for one year, or more than one year, gave her no right to employment during a succeeding school year. Henry v. Coahoma County Board of Education, 246 F. Supp. 517, 1963 U.S. Dist. LEXIS 7485 (N.D. Miss. 1963), aff'd, 353 F.2d 648, 1965 U.S. App. LEXIS 3767 (5th Cir. Miss. 1965).

5. Particular grounds for employment action.

In a case in which a school district (District) appealed a decision by a chancery court finding that the school board’s (Board) decision not to uphold a superintendent’s recommendation to renew appellee employee’s contract was not supported by any substantial evidence and was arbitrary and capricious, the District argued that the Board’s decision was supported by substantial evidence and was not arbitrary and capricious. The reason given for the non-renewal of the employee’s contract was that the Board wanted the position to be full time in order to better serve the students; although the Board could have been more detailed in its reasoning, it had stated a good reason for the non-renewal of the employee’s contract, and that was all that was required under Miss. Code Ann. §37-9-17(1). Smith County Sch. Dist. v. Campbell, 18 So.3d 335, 2009 Miss. App. LEXIS 646 (Miss. Ct. App. 2009).

School board policy prohibiting the hiring of any teacher whose own children did not attend the public schools did not violate teachers’ First Amendment right to freedom of association or Fourteenth Amendment rights to due process and equal protection. Cook v. Hudson, 511 F.2d 744, 1975 U.S. App. LEXIS 15047 (5th Cir. Miss. 1975).

The superintendent’s refusal to approve employment of a teacher because of her husband’s controversial activities violated her right of free association guaranteed by the First and Fourteenth Amendments, and the school board could not remain silent and ignore the issue simply because the superintendent had not recommended the teacher for employment, but had a duty to investigate the charge and to right the wrong inflicted upon the teacher. Randle v. Indianola Municipal Separate School Dist., 373 F. Supp. 766, 1974 U.S. Dist. LEXIS 9258 (N.D. Miss. 1974).

A Negro teacher seeking injunctive relief to establish her right to reemployment and alleging that the refusal of the superintendent and board of education to reemploy her was that her views and activities on behalf of the civil rights movement were contrary to the policies and views of the defendants, thereby denying her rights under the Fifth and Fourteenth Amendments to the United States Constitution, had the burden of establishing her case by preponderance of the evidence, and where it was uncontradicted that such activities on her part had nothing to do with the fact that she was not reemployed, judgment was entered for defendants. Henry v. Coahoma County Board of Education, 246 F. Supp. 517, 1963 U.S. Dist. LEXIS 7485 (N.D. Miss. 1963), aff'd, 353 F.2d 648, 1965 U.S. App. LEXIS 3767 (5th Cir. Miss. 1965).

6. Injunctive relief.

County superintendent of education’s failure for good cause, unconnected with civil rights activities of Negro teacher and her husband, to recommend her for reemployment afforded no basis for her action for injunctive relief seeking reinstatement. Henry v. Coahoma County Board of Education, 246 F. Supp. 517, 1963 U.S. Dist. LEXIS 7485 (N.D. Miss. 1963), aff'd, 353 F.2d 648, 1965 U.S. App. LEXIS 3767 (5th Cir. Miss. 1965).

§ 37-9-17. Selection of licensed employees or non-instructional employees to be employed for school year; increase in compensation of certain licensed employees; fingerprinting and criminal background checks for applicants [Effective July 1, 2019].

  1. On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.

    When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.

    If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual’s contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.

  2. Superintendents/directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that such criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in such school under the purview of the State Board of Education or at such local school district prior to July 1, 2000. In order to determine the applicant’s suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, the school board of the local school district or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall a member of the State Board of Education, superintendent/director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for herein and shall be responsible for the same fee charged in the case of local public schools of this state. The determination whether the applicant has a disqualifying crime, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firm whether a disqualifying crime exists.
  3. If such fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent/director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check. However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for such purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school. The State Board of Education or local school board may grant waivers for such mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school.
  4. No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.
  5. The provisions of this section shall be fully applicable to licensed employees of the Mississippi School of the Arts (MSA), established in Section 37-140-1 et seq.

HISTORY: Codes, 1942, §§ 6282-07, 6282-08, 6282-09; Laws, 1953, Ex Sess, ch. 20, §§ 7-9; Laws, 1960, ch. 300, § 3; Laws, 1981, ch. 499, § 5; Laws, 1986, ch. 492, § 68; Laws, 1989, ch. 491, § 1; Laws, 1997, ch. 545, § 8; Laws, 1998, ch. 408, § 2; Laws, 2000, ch. 486, § 1; Laws, 2000, ch. 587, § 1; Laws, 2001, ch. 500, § 12; Laws, 2002, ch. 583, § 1; Laws, 2003, ch. 546, § 7; Laws, 2004, ch. 550, § 1; Laws, 2005, ch. 538, § 1, eff from and after July 1, 2005; Laws, 2019, ch. 432, § 6, eff from and after July 1, 2019.

§ 37-9-18. State Board of Education to promulgate rules and regulations regarding financial reports to be submitted by superintendents to local school boards; audits of financial records; contracts; review of audit report.

    1. The State Board of Education shall promulgate rules and regulations concerning the type of financial reports required to be submitted by the superintendent of schools to the local school board, and the frequency with which the reports shall be submitted. The rules and regulations promulgated by the board shall include:
      1. A requirement that the reports be listed as an agenda item for discussion at a regularly scheduled meeting of the board;
      2. A requirement that the minutes of the board meeting reflect that the reports were discussed;
      3. A requirement that each board member present be provided a copy of all required reports; and
      4. A requirement that a copy of all required reports be included in the official minutes of the board meeting at which the reports were discussed.
    2. The State Board of Education is authorized to require school districts to submit any of the required reports to the State Department of Education on a basis determined by the department.
    3. Failure to comply with any of the rules and regulations established by the State Board of Education with regard to reporting requirements shall constitute a violation of the Mississippi Public School Accountability Standards.
  2. The State Auditor shall audit the financial records of school districts in accordance with Section 7-7-211(e). The State Auditor shall give reasonable notice to school districts regarding the times during which the State Auditor will perform such audits. In any fiscal year in which the State Auditor is not scheduled to perform an audit, the school board shall cause all the financial records of the superintendent of schools to be audited in accordance with Section 7-7-211(e). If the school board so elects by resolution adopted each year, the audit shall be performed by the State Auditor. Contracts for the audit of public school districts shall be let by the school board in the manner prescribed by the State Auditor. The audit shall be conducted in accordance with generally accepted auditing standards and generally accepted accounting principles, and the report presented thereon shall be in accordance with generally accepted accounting principles. If the Auditor’s opinion on the general purpose financial statements is a disclaimer, as that term is defined by generally accepted auditing standards, or if the State Auditor determines the existence of serious financial conditions in the district, the State Auditor shall immediately notify the State Board of Education. Upon receiving the notice, the State Superintendent of Public Education shall direct the school district to immediately cease all expenditures until a financial advisor is appointed by the state superintendent. However, if the disclaimer is a result of conditions caused by Hurricane Katrina 2005 and applies to fiscal years 2005 and/or 2006, then the Superintendent of Education may appoint a financial advisor, and may direct the school district to immediately cease all expenditures until a financial advisor is appointed. The financial advisor shall be an agent of the State Board of Education and shall be a certified public accountant or a qualified business officer. Unless the financial advisor is an employee of the State of Mississippi, they shall be deemed an independent contractor. The financial advisor shall, with the approval of the State Board of Education:
    1. Approve or disapprove all expenditures and all financial obligations of the district;
    2. Ensure compliance with any statutes and State Board of Education rules or regulations concerning expenditures by school districts;
    3. Review salaries and the number of all district personnel and make recommendations to the local school board of any needed adjustments. Should such recommendations necessitate the reduction in local salary supplement, such recommended reductions shall be only to the extent which will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education. The local school board, in considering either a reduction in personnel or a reduction in local supplements, shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105 and, further, shall not be required to comply with Sections 37-19-11 and 37-19-7(1) in regard to reducing local supplements and the number of personnel;
    4. Work with the school district’s business office to correct all inappropriate accounting procedures and/or uses of school district funds and to prepare the school district’s budget for the next fiscal year;
    5. Report frequently to the State Board of Education on the corrective actions being taken and the progress being made in the school district. The financial advisor shall serve until such time as corrective action and progress is being made in such school district as determined by the State Board of Education with the concurrence of the State Auditor, or until such time as an interim conservator is assigned to such district by the State Board of Education under Section 37-17-6. The school district shall be responsible for all expenses associated with the use of the financial advisor. If the audit report reflects a failure by the school district to meet accreditation standards, the State Board of Education shall proceed under Section 37-17-6; and
    6. If a financial advisor is appointed to a school district in accordance with this subsection and it is determined by the financial advisor and/or any other official of the school district that an audit by a certified public accountant for that district was deficient in any manner, the financial advisor and/or any other official of the school district shall, within thirty (30) days, refer the matter to the State Board of Public Accountancy for follow-up and possible disciplinary action. Any disciplinary action by the State Board of Public Accountancy with regard to the certified public accountant shall, within thirty (30) days after notifying such certified public accountant, be reported to the Office of State Auditor.
    1. When conducting an audit of a public school district, the State Auditor shall test to insure that the school district is complying with the requirements of Section 37-61-33(3)(a)(iii) relating to classroom supply funds. The audit must include a report of all classroom supply funds carried over from previous years. Based upon the audit report, the State Auditor shall compile a report on the compliance or noncompliance by all school districts with the requirements of Section 37-61-33(3)(a)(iii), which report must be submitted to the Chairmen of the Education and Appropriations Committees of the House of Representatives and Senate.
    2. When conducting an audit of a public school district, the State Auditor shall test to insure correct and appropriate coding at the function level. The audit must include a report showing correct and appropriate functional level expenditure codes in expenditures by the school district. Compliance standards for this audit provision shall be established by the Office of the State Auditor. Based upon the audit report, the State Auditor shall compile a report on the compliance or noncompliance by all public school districts with correct and appropriate coding at the function level, which report must be submitted to the Chairmen of the Education and Appropriations Committees of the House of Representatives and Senate.
  4. In the event the State Auditor does not perform the audit examination, then the audit report of the school district shall be reviewed by the State Auditor for compliance with applicable state laws before final payment is made on the audit by the school board. All financial records, books, vouchers, cancelled checks and other financial records required by law to be kept and maintained in the case of municipalities shall be faithfully kept and maintained in the office of the superintendent of schools under the same provisions and penalties provided by law in the case of municipal officials.

HISTORY: Laws, 1986, ch. 492, § 202; Laws, 1987, ch. 307, § 12; Laws, 1992, ch. 524, § 3, Laws, 1996, ch. 302, § 6; Laws, 1997, ch. 386, § 1; Laws, 2002, ch. 403, § 1; Laws, 2005, 5th Ex Sess, ch. 5, § 1; Laws, 2006, ch. 504, § 9; Laws, 2006, ch. 550, § 2; brought forward without change, Laws, 2009, ch. 345, § 10; Laws, 2009, ch. 516, § 7; Laws, 2013, ch. 566, § 3; Laws, 2016, ch. 424, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Section 9 of ch. 504, Laws of 2006, effective from and after July 1, 2006 (approved March 28, 2006), amended this section. Section 2 of ch. 550, Laws of 2006, effective from and after July 1, 2006 (approved April 20, 2006), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 550, Laws of 2006, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Section 10 of ch. 345, Laws of 2009, effective from and after June 30, 2009 (approved March 16, 2009), brought this section forward without change. Section 7 of ch. 516, Laws of 2009, effective upon passage (approved April 8, 2009), amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the July 13, 2009, meeting of the Committee.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Section 37-19-11 referred to in (2)(c) was repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

Laws of 2009, ch. 516 § 1 provides:

“SECTION 1. This act shall be entitled and may be cited as the “Children First Act of 2009.”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2002 amendment inserted “Public” following “Superintendent of” in the eighth sentence of (2); inserted present (3); and redesignated former (3) as (4).

The 2005 amendment, 5th Ex Sess, ch. 5, inserted the next-to-last sentence in (2).

The first 2006 amendment (ch. 504), added (4); redesignated former (4) as present (5), and added the last sentence in (5).

The second 2006 amendment (ch. 550), added (3)(b).

The first 2009 amendment (ch. 345) brought this section forward without change.

The second 2009 amendment (ch. 516), in the introductory paragraph of (2), deleted “in his discretion” following “The State Auditor” in the first sentence, added “in accordance with Section 7-7-211(e)” at the end of the first and third sentences, and substituted “the State Auditor will perform” for “he will perform”; added (2)(f); inserted “State” preceding “Auditor” the first time it appears in (3)(a); and made minor stylistic changes.

The 2013 amendment rewrote (1), which read “The superintendent of schools shall furnish to the school board a financial statement of receipts and disbursements, by funds, on or before the last working day of the following month covering the prior month. The school board shall be authorized to investigate and audit all financial records of the superintendent of schools at any and all times.”

The 2016 amendment added the next-to-last sentence in the introductory paragraph of (2).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Powers and duties of state superintendent of public education, see §§37-3-9,37-3-11.

Requirement that school activity funds be audited as part of annual audit, see §37-7-301.

Allocation of funds from Education Enhancement Fund for classroom supplies, instructional materials and equipment, see §37-61-33.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The statute applies to all remaining agricultural high schools. Bryant, October 30, 1998, A.G. Op. #98-0574.

A financial advisor may determine that an existing local plan for a reduction in force is inadequate to address the immediate financial need and merits suspension. Fortenberry, Nov. 27, 2006, A.G. Op. 06-0515.

Although the recommendations are not mandatory in nature, a financial advisor still retains ultimate authority to approve and disapprove all expenditures. A board’s failure to follow a financial advisor’s recommendations could certainly constitute a sound basis for disapproval of an expenditure or financial obligation. Fortenberry, Nov. 27, 2006, A.G. Op. 06-0515.

JUDICIAL DECISIONS

1. Nonrenewal of contract.

Financial adviser found that elimination of personnel and positions was required as part of the remedy for the school district’s deficit. The school district had the authority to alter the offer of renewed employment that had already been made to the assistant principal even after the deadline that would usually apply to school employee contract renewal. McKnight v. Mound Bayou Pub. Sch. Dist., 879 So. 2d 493, 2004 Miss. App. LEXIS 223 (Miss. Ct. App. 2004).

§ 37-9-19. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

[Codes, 1942, § 6328-54; Laws, 1953, Ex Sess, ch. 25, § 4; Laws, 1981, ch. 499, § 6]

Editor’s Notes —

Former §37-9-19 provided for the selection of superintendents, principals, and teachers in line school districts.

§ 37-9-21. Nepotism in hiring of superintendents, principals or licensed employees.

It shall be illegal for any superintendent, principal or other licensed employee to be elected by the school board if such superintendent, principal or licensed employee is related within the third degree by blood or marriage according to the common law to a majority of the members of the school board. No member of the school board shall vote for any person as a superintendent, principal or licensed employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way. Any contract entered into in violation of the provisions of this section shall be null and void.

HISTORY: Codes, 1942, § 6282-23; Laws, 1953, Ex Sess, ch. 20, § 23; Laws, 1986, ch. 492, § 69; Laws, 1997, ch. 545, § 9; Laws, 2004, ch. 357, § 2, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “administrative superintendent” preceding “principal” throughout the section.

OPINIONS OF THE ATTORNEY GENERAL

If an employee is acting in both capacities of principal and purchasing agent, one bond in the amount of $50,000 will not suffice. Such an employee must be covered for $25,000 for the duties of principal pursuant to Section 37-9-31 and $50,000 for the duties of a purchasing agent under Section 37-39-21 for a total coverage of $75,000. Middleton, April 26, 1996, A.G. Op. #96-0222.

The statute does not apply to a relationship between a superintendent and an employee. Wyly, May 12, 2000, A.G. Op. #2000-0216.

RESEARCH REFERENCES

ALR.

Validity, construction, and effect of state constitutional or statutory provision regarding nepotism in the public service. 11 A.L.R.4th 826.

Am. Jur.

67B Am. Jur. 2d, Schools § 172.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 73.

CJS.

78 C.J.S., Schools and School Districts § 409.

§ 37-9-23. Form and execution of contracts with superintendents, principals, licensed employees, and others anticipating graduation from approved programs; conditional contracts.

The superintendent shall enter into a contract with each assistant superintendent, principal, licensed employee and person anticipating graduation from an approved teacher education program or the issuance of a proper license before October 15 or February 15, as the case may be, who is elected and approved for employment by the school board.Such contracts shall be in such form as shall be prescribed by the State Board of Education and shall be executed in duplicate with one (1) copy to be retained by the appropriate superintendent and one (1) copy to be retained by the principal, licensed employee or person recommended for a licensed position contracted with.The contract shall show the name of the district, the length of the school term, the position held (whether an assistant superintendent, principal or licensed employee), the scholastic years which it covers, the total amount of the annual salary and how same is payable.The amount of salary to be shown in such contract shall be the amount which shall have been fixed and determined by the school board, but, as to the licensed employees paid in whole or in part with adequate education program funds, such salary shall not be less than that required under the provisions of Chapter 19 of this title.Beginning with the 2010-2011 school year, the contract shall include a provision allowing the school district to reduce the state minimum salary by a pro rata daily amount in order to comply with the school district employee furlough provisions of Section37-7-308, and shall include a provision which conditions the payment of such salary upon the availability of adequate education funds provided for salaries.The contract entered into with any person recommended for a licensed position who is anticipating either graduation from an approved teacher education program before September 1 or December 31, as the case may be, or the issuance of a proper license before October 15 or February 15, as the case may be, shall be a conditional contract and shall include a provision stating that the contract will be null and void if, as specified in the contract, the contingency upon which the contract is conditioned has not occurred.If any superintendent, other than those elected, principal, licensed employee or person recommended for a licensed position who has been elected and approved shall not execute and return the contract within ten (10) days after same has been tendered to him for execution, then, at the option of the school board, the election of the licensed employee and the contract tendered to him shall be void and of no effect.

HISTORY: Codes, 1942, § 6282-13; Laws, 1953, Ex Sess, ch. 20, § 13; Laws, 1981, ch. 499, § 7; Laws, 1986, ch. 492, § 70; Laws, 1997, ch. 545, § 10; Laws, 1998, ch. 408, § 3; Laws, 2010, ch. 486, § 6, eff from and after passage (approved Apr. 7, 2010.).

Amendment Notes —

The 2010 amendment substituted “adequate education program funds” for “minimum education program funds” in the fourth sentence, and added the fifth sentence.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Commission on teacher and administrator education, certification and licensure and development, see §37-3-2.

Schedule of teachers’ salaries, see §37-19-7.

OPINIONS OF THE ATTORNEY GENERAL

In the situations as described in the statute, a school board has explicit authority to take action declaring the election and contract tendered to any superintendent, other than those elected, principal, licensed employee or person recommended for a license position be void and of no effect. Mabry, Apr. 27, 2001, A.G. Op. #01-0239.

A school district may set an annual salary contingent on final action by the Legislature and the Governor as to K-12 educational funding for Fiscal Year 2006 and issue teacher contracts pursuant to Section 37-9-23 which include this contingency. Piazza, Apr. 8, 2005, A.G. Op. 05-0157.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 169.

CJS.

78 C.J.S., Schools and School Districts §§ 457 et seq.

JUDICIAL DECISIONS

1. In general.

2. Applicability of EEPL.

1. In general.

Plain language of Miss. Code Ann. §37-9-23 does not prohibit superintendents or school boards from including riders or attachments in employment contracts; therefore, a rider to an employment contract for a teacher/coach did not violate §37-9-23 based on the fact that it was not officially approved by the Mississippi Board of Education because this was not required due to the fact that it would have caused an extreme burden. Smith v. Petal Sch. Dist., 956 So. 2d 273, 2006 Miss. App. LEXIS 672 (Miss. Ct. App. 2006), cert. denied, 957 So. 2d 1004, 2007 Miss. LEXIS 289 (Miss. 2007).

Language of Mississippi Code §37-9-23 contemplates that school board take some affirmative action to void a teacher’s contract once that teacher has been approved and tendered a contract of employment, and since the board failed to exercise its statutory option to void the contract, a valid contract existed between the parties for the 1982-83 school year. Noxubee County School Bd. v. Cannon, 485 So. 2d 302, 1986 Miss. LEXIS 2422 (Miss. 1986).

In view of the unconstitutionality of the opinion of the attorney general relied on by the school board, it did not afford a lawful basis for the school district to pay teachers refusing to accept reassignment as directed by federal court desegregation orders, and the school board should not only be enjoined from making further lump-sum payments to the recalcitrant teachers, but should be required to take all reasonable steps to recover the money previously paid to them. United States v. Tunica County School Dist., 323 F. Supp. 1019, 1970 U.S. Dist. LEXIS 10896 (N.D. Miss. 1970), aff'd, 440 F.2d 377, 1971 U.S. App. LEXIS 11198 (5th Cir. Miss. 1971).

2. Applicability of EEPL.

In a case in which the sole remaining issue was whether the Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §37-9-101 et seq., applied to a teacher’s head basketball coach contract with a school district and both parties filed cross-motions for summary judgment, Mississippi law permitted the separate coaching contract at issue, which was not in the form set out in Miss. Code Ann. §37-9-23 and was exempted from the EEPL. Ladner v. Hancock County Sch. Dist., 614 F. Supp. 2d 768, 2008 U.S. Dist. LEXIS 30490 (S.D. Miss.), aff'd, 292 Fed. Appx. 346, 2008 U.S. App. LEXIS 19467 (5th Cir. Miss. 2008).

§ 37-9-24. Contracts with licensed personnel for not less than 187 employment days.

  1. Except as otherwise provided in this section, no school district shall contract with any licensed personnel for a number of employment days which shall be less than one hundred eighty-five (185).

    Beginning with the 1994-1995 school year, no school district shall contract with any licensed personnel for less than one hundred eighty-seven (187) employment days.

  2. Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed.

HISTORY: Laws, 1988, ch. 487, § 3; Laws, 1989, ch. 419, § 1; Laws, 1994, ch. 581, § 12; Laws, 1997, ch. 545, § 11, eff from and after passage (approved April 10, 1997).

Cross References —

School year, see §§37-13-61 through37-13-69.

OPINIONS OF THE ATTORNEY GENERAL

A local school board has authority to employ a licensed teacher for less than a full school year, which is 187 employment days, as long as the exact time period of employment is set forth in the contract. Mayfield, Aug. 31, 2001, A.G. Op. #01-0511.

§ 37-9-25. Contracts for periods greater than one scholastic year.

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.

HISTORY: Codes, 1942, § 6282-17; Laws, 1953, Ex Sess, ch. 20, § 17; Laws, 1986, ch. 492, § 71; Laws, 1997, ch. 545, § 12; Laws, 2000, ch. 533, § 5; Laws, 2000, ch. 610, § 7; Laws, 2016, ch. 311, § 2; Laws, 2017, ch. 301, § 2, eff from and after passage (approved Jan. 17, 2017).

Editor’s Notes —

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [ Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the amendments made to this section by Laws of 2000, ch. 533, § 5. This section is set out above as it appeared prior to those amendments.

Amendment Notes —

The first 2000 amendment (ch. 533) inserted a fifth sentence.

The second 2000 amendment (ch. 610) repealed the amendments made to the section by Laws, 2000, ch. 533, § 5.

The 2016 amendment inserted “at the November 2015 general election” in the first sentence.

The 2017 amendment added the third sentence.

The 2017 amendment, effective January 17, 2017, added the third sentence.

Cross References —

School year, see §§37-13-61 through37-13-69.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 169 et seq., 190.

CJS.

78 C.J.S., Schools and School Districts §§ 455, 462, 522, 529, 530.

§ 37-9-27. Bond of superintendents.

The superintendent of any school district, before entering upon the duties of his office, shall furnish a good and sufficient surety bond in the penal sum of One Hundred Thousand Dollars ($100,000.00), with sufficient surety. Such bond shall be filed and recorded in the office of the clerk of the chancery court in which the school district is located, and shall be payable, conditioned and approved in the manner provided by law. The premium on said bond shall be paid out of the school district maintenance fund.

HISTORY: Codes, 1942, § 6282-04.3; Laws, 1960, ch. 317; Laws, 1986, ch. 492, § 72; Laws, 2004, ch. 357, § 3, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendent” following “superintendent” in the introductory language.

Cross References —

Duties of clerk of chancery court generally, see §9-5-137.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools § 229:52 (Bond of school district officer).

§ 37-9-29. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

[Codes, 1942, § 6282-04.5; Laws, 1960, ch. 318, §§ 1-5]

Editor’s Notes —

Former §37-7-29 related to the bonding of a supervisor of a county school district other than county-wide school districts.

§ 37-9-31. Bond of principals.

All school principals and attendance center principals shall furnish good and sufficient surety bonds in like manner as required of superintendents. The amount of such bonds shall be not less than Fifty Thousand Dollars ($50,000.00), with sufficient surety.

The premium upon said bond shall be paid from the maintenance funds of the district served by such principal. Such bond shall be payable, conditioned and approved in the manner provided by law.

All such bonds shall be filed and recorded in the office of the clerk of the chancery court of the county in which the school district is located.

HISTORY: Codes, 1942, § 6282-04.5; Laws, 1960, ch. 318, §§ 1-5; Laws, 1986, ch. 492, § 73; Laws, 2009, ch. 467, § 15, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment substituted “shall be not less than Fifty Thousand Dollars ($50,000.00)” for “shall be Twenty-five Thousand Dollars ($25,000.00)” in the last sentence of the first paragraph.

Cross References —

Duties of clerk of chancery court generally, see §9-5-137.

Method of approval of bonds of county officers, see §25-1-19.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d Schools § 229:37.

JUDICIAL DECISIONS

1. In general.

Funds coming into the hands of a public school principal as a result of the activities of the school are covered by the statutory conditions of his surety bond requiring faithful performance of the duties of his office, including the proper administration of all activities funds and other funds of the school district. State use of Cochran v. Eakin, 203 So. 2d 587, 1967 Miss. LEXIS 1385 (Miss. 1967).

§ 37-9-33. Amount of salaries to be in compliance with adequate education program law; annual report on number of certificated and noncertificated employees receiving salary from both a school district and Public Employees’ Retirement System.

  1. In employing and contracting with appointed superintendents, principals and certificated employees, the school board shall in all cases determine whether the amount of salary to be paid such superintendent, principals and certificated employees is in compliance with the provisions of the adequate education program.No contract shall be entered into where the salary of a superintendent, principal or certificated employee is to be paid, in whole or in part, from adequate education program funds except where the requirements of said chapter as to the amount of such salary are fully met.Nothing herein shall be construed, however, to prohibit any school district from increasing the salaries of appointed superintendents, principals and certificated employees above the amounts fixed by said chapter, provided that the amount of such increase is paid from funds available to such district other than adequate program funds.Provided further, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.Nothing herein shall be construed to prohibit any school district from complying with the school district employee furlough provisions of Section 37-7-308.
  2. Each school district shall provide an annual report to the State Department of Education on the number of certificated and noncertificated employees receiving a salary from the school district who are also receiving retirement benefits from the Public Employees’ Retirement System.This report shall include the name of the employee(s), the hours per week for which the employee is under contract and the services for which the employee is under contract.Said required annual report shall be in a form and deadline promulgated by the State Board of Education.

HISTORY: Codes, 1942, § 6282-10; Laws, 1953, Ex Sess, ch. 20, § 10; Laws, 1960, ch. 300, § 4; Laws, 1986, ch. 492, § 74; Laws, 1997, ch. 545, § 13; Laws, 1997, ch. 612, § 28; Laws, 2009, ch. 508, § 1; Laws, 2010, ch. 486, § 7, eff from and after passage (approved Apr. 7, 2010.).

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2009 amendment added (2), and designated the former provisions of the section as (1); and added the last sentence of (1).

The 2010 amendment added the last sentence in (1); and made minor stylistic changes.

Cross References —

Schedule of teachers’ salaries, see §37-19-7.

OPINIONS OF THE ATTORNEY GENERAL

No added compensation in the form of bonuses or incentive pay is permitted if not authorized by this section. Pate, January 15, 1999, A.G. Op. #98-0775.

A school board may set the salary for any superintendent, principal, or licensed/certificated employee at the amount the board deems appropriate. Mayfield, July 19, 2002, A.G. Op. #02-0291.

A school district may not grant teachers added compensation in the form of bonuses or incentive pay not authorized by statute. Adams, Feb. 21, 2003, A.G. Op. #03-0045.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 183-185.

CJS.

78 C.J.S., Schools and School Districts §§ 650, 665-679, 681.

§ 37-9-35. Employment of teachers to be paid from minimum education program funds.

No school district shall employ any teachers to be paid in whole or in part from minimum education program funds in excess of the number allowable under chapter 19 of this title, but as provided in said chapter the number of teachers paid in whole or in part from minimum education program funds shall be determined by the average daily attendance for the preceding year, and a reduction in the average daily attendance during a current year from that existing in the preceding year shall not authorize the discharge or release of a teacher or teachers during such current year. Nothing herein shall be construed to prohibit any school district from employing such additional teachers as it may deem necessary provided that such teachers are paid wholly from funds other than minimum education program funds.

HISTORY: Codes, 1942, § 6282-11; Laws, 1953, Ex Sess, ch. 20, § 11, eff from and after July 1, 1954.

Cross References —

Schedule of teachers’ salaries, see §37-19-7.

§ 37-9-36. Repealed.

Repealed by Laws, 1992, ch. 524, § 17, eff from and after July 1, 1992.

[Laws, 1986, ch. 492, § 63, eff from and after July 1, 1987]

Editor’s Notes —

Former §37-9-36 provided for salaries and per diem allowances for elected superintendents of schools.

§ 37-9-37. Factors considered in fixing salaries of superintendents, principals or licensed employees.

The amount of the salary to be paid any superintendent, principal or licensed employee shall be fixed by the school board, provided that the requirements of Chapter 19 of this title are met as to superintendents, principals and licensed employees paid in whole or in part from minimum education program funds. In employing such superintendents, principals and licensed employees and in fixing their salaries, the school boards shall take into consideration the character, professional training, experience, executive ability and teaching capacity of the licensed employee, superintendent or principal. It is the intent of the Legislature that whenever the salary of the school district superintendent is set by a school board, the board shall take into consideration the amount of money that the district spends per pupil, and shall attempt to insure that the administrative cost of the district and the amount of the salary of the superintendent are not excessive in comparison to the per pupil expenditure of the district.

HISTORY: Codes, 1942, § 6282-12; Laws, 1953, Ex Sess, ch. 20, § 12; Laws, 1986, ch. 492, § 75; Laws, 1992, ch. 524, § 4; Laws, 1997, ch. 545, § 14, eff from and after passage (approved April 10, 1997).

Cross References —

Appointed county superintendent of education to receive compensation prescribed by this section, see §37-5-71.

Schedule of teachers’ salaries, see §37-19-7.

OPINIONS OF THE ATTORNEY GENERAL

The salary of an elected or appointed superintendent of education is determined by the school board after taking into consideration the character, professional training, experience, executive ability and capacity of the individual as well as the amount of money that is spent in the school district per pupil (while at the same time insuring that the administrative cost of the district and the amount of salary of the superintendent are not excessive). Johnson, January 9, 1998, A.G. Op. #97-0747.

A school board may set the salary for any superintendent, principal, or licensed/certificated employee at the amount the board deems appropriate. Mayfield, July 19, 2002, A.G. Op. #02-0291.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 183-185.

CJS.

78 C.J.S., Schools and School Districts §§ 626-630.

§ 37-9-39. Time of payment of salaries.

  1. All school districts shall process a single monthly payroll for licensed employees and may process a single monthly or a semimonthly payroll for nonlicensed employees, in the discretion of the local school board, consistent with the provisions of Section 37-151-103(1), except for December, when salaries or wages shall be paid by the last working day. Salaries or wages shall be paid at a minimum on a monthly basis. The standard contract for school district employees prescribed by the State Board of Education shall provide that school district employees shall earn a salary payable in equal monthly installments beginning in the first month of employment, regardless of the number of days worked in any particular month by the employee. Any employee failing to complete the contractual obligation of service, and who receives payment in excess of the monthly installment for the period which such employee ceases employment with the school district, shall become liable immediately to the school board of the employing district for the sum of all amounts received in payment less the corresponding amount of any compensation paid for which service has been rendered, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.
  2. Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked. Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.

HISTORY: Codes, 1942, § 6282-14; Laws, 1953, Ex Sess, ch. 20, § 14; Laws, 1955, Ex Sess, ch. 53; Laws, 1974, ch. 455; Laws, 1986, ch. 492, § 76; Laws, 1987, ch. 307, § 13; Laws, 1990, ch. 398, § 1; Laws, 1992, ch. 524, § 5; Laws, 1997, ch. 545, § 15; Laws, 2003, ch. 546, § 3; Laws, 2012, ch. 543, § 6; Laws, 2013, ch. 566, § 1; Laws, 2014, ch. 302, § 1; Laws, 2014, ch. 420, § 2, eff from and after passage (approved March 24, 2014).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The code reference in the first sentence was updated. The Joint Committee ratified the correction at its August 16, 2012, meeting.

Section 1 of ch. 302, Laws of 2014, effective from and after passage (approved February 10, 2014), amended this section. Section 2 of ch. 420, Laws of 2014, effective from and after passage (approved March 24, 2014), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 420, Laws of 2014, which contains language that specifically provides that it supersedes §37-9-39 as amended by Chapter 302, Laws of 2014.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in an internal statutory reference in the first sentence of (1) by substituting “37-151-103(1)” for “37-157-103(1).” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Amendment Notes —

The 2003 amendment rewrote the section.

The 2012 amendment, in the first sentence, inserted “consistent with the provisions of Section 37-157-103(1)” and substituted “shall be paid on December 15 or the next business day after that date” for “shall be paid by the last working day.”

The 2013 amendment substituted “by the last working day” for “on December 15 or the next business day after that date” at the end of the first sentence.

The first 2014 amendment (ch. 302), redesignated the former paragraph, as (1) and (2); added the last two sentences in (1); and substituted “subsection (2)” for “section” in (2).

The second 2014 amendment (ch. 420), in (1), substituted “All school districts shall process a single monthly payroll for licensed employees and may process a single monthly or a semimonthly payroll for nonlicensed employees, in the discretion of the local school board,” for “Salary or wages paid to any employee of any school shall be paid on a monthly or semimonthly basis as determined by the local school board of each school district” in the first sentence.

Cross References —

Schedule of teachers’ salaries, see §37-19-7.

OPINIONS OF THE ATTORNEY GENERAL

There is no legal impediment to a school district modifying its contract with a teacher when it is mutually beneficial to both parties to do so. Adams, June 7, 2002, A.G. Op. #02-0308.

Section 37-9-39 authorizes school district employees to receive monthly payments over a twelve-month period, however, a district may only pay salary or wages for time that has actually been worked and earned and, consequently, only time worked and earned may be deferred over twelve months. Adams, Mar. 14, 2003, A.G. Op. #03-0068.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools § 229:234.

CJS.

78 C.J.S., Schools and School Districts §§ 483, 484, 490, 491.

§ 37-9-41. Manner of payment of salaries.

The salaries of superintendents, principals and licensed employees shall be paid by pay certificates issued by the school district superintendent. Such pay certificates may be issued without additional authorization of the school board where the amount of salary has been fixed and a contract entered into as is provided in this chapter. All pay certificates shall be preserved by him as a part of the official records of his office for the same time and in the same manner as other records are preserved. Except as is herein provided, the said warrants shall be governed in all respects by the same laws regulating the issuance of other warrants for other purposes. All pay certificates and warrants issued shall show the gross amount of the salary and all authorized deductions therefrom for income taxes, Social Security, retirement contributions and other lawful purposes.

HISTORY: Codes, 1942, § 6282-18; Laws, 1953, Ex Sess, ch. 20, § 18; Laws, 1986, ch. 492, § 77; Laws, 1997, ch. 545, § 16; Laws, 2004, ch. 357, § 4, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “administrative superintendents” and “administrative superintendent” following “superintendents” and “superintendent,” respectively.

Cross References —

Schedule of teachers’ salaries, see §37-19-7.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts §§ 681, 683.

§ 37-9-43. Payment of salary prior to execution of written contract; effect of breach of contract.

It shall be unlawful for any appointed superintendent, principal or licensed employee to be paid for any services as such until a written contract has been executed as is provided and required by this chapter. If any school district superintendent shall make any such payment prior to the execution of the contract he shall be civilly liable for the amount thereof, and, in addition, shall be liable upon his bond. If any licensed employee, appointed superintendent or principal shall willfully and without just cause breach his contract and abandon his employment he shall not be entitled to any further salary payments either for services rendered prior to such breach or for services which were thereafter to have been rendered. Nothing in this section, however, shall prevent the employment and payment of substitute teachers without a written contract.

HISTORY: Codes, 1942, § 6282-15; Laws, 1953, Ex Sess, ch. 20, § 15; Laws, 1986, ch. 492, § 78; Laws, 1997, ch. 545, § 17; Laws, 2004, ch. 357, § 5, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendent ” following “superintendent ” in the second sentence.

Cross References —

Release from contract, see §37-9-55.

Abandonment of employment, see §37-9-57.

Schedule of teachers’ salaries, see §37-19-7.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 176, 198, 199, 201.

JUDICIAL DECISIONS

1. In general.

Under this section [Code 1942, § 6282-15], a county superintendent of education is accountable to the school fund for payments to teachers in excess of the amounts fixed by the salary law, even though he acted in good faith and through honest error. Golding v. Latimer, 239 Miss. 163, 121 So. 2d 615, 1960 Miss. LEXIS 277 (Miss. 1960).

§§ 37-9-45 and 37-9-47. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

§37-9-45. [Codes, 1942, § 6282-16; Laws, 1953, Ex Sess, ch. 20, § 16]

§37-9-47. [Codes, 1942, § 6282-19; Laws, 1953, Ex Sess, ch. 20, § 19]

Editor’s Notes —

Former §37-9-45 provided for payment of salaries of teachers, superintendents and principals for time lost on account of the closing of a school by county or state officials or by boards of trustees in emergency cases.

Former §37-9-47 provided for the use of school funds to pay salaries.

§ 37-9-49. Deduction of dues, etc., from salaries.

It shall be unlawful for the superintendent of schools to deduct or permit to be deducted from the salary of any superintendent, principal or licensed employee any dues, fines or penalties payable or alleged to be payable because of the membership of such superintendent, principal or licensed employee in any organization or association. However, dues or premiums in health associations or corporations and tax sheltered annuity deductions authorized by the United States Internal Revenue Code may be deducted upon written authorization from the superintendent, principal or licensed employee involved. Any superintendent of schools who shall make any such deduction or permit any such deduction to be made, except those herein provided, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Twenty-five Dollars ($25.00) for each such deduction.

HISTORY: Codes, 1942, § 6282-22; Laws, 1953, Ex Sess, ch. 20, § 22; Laws, 1962, ch. 347; Laws, 1986, ch. 492, § 79; Laws, 1997, ch. 545, § 18; Laws, 2004, ch. 357, § 6, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted references to the position of “administrative superintendent” throughout the section.

Cross References —

Schedule of teachers’ salaries, see §37-19-7.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-9-51. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

[Codes, 1942, § 6282-31; Laws, 1955, Ex Sess, ch. 65; 1977, ch. 486, § 28]

Editor’s Notes —

Former §37-9-51 provided for payment of additional salaries for vocational teachers.

§ 37-9-53. Repealed.

Repealed by Laws, 1983, ch. 469, § 10, eff from and after July 1, 1983.

[Codes, 1942, § 6252-10; Laws, 1953, Ex Sess, ch. 19, § 10]

Editor’s Notes —

Former §37-9-53 prohibited the practice of speculation in warrants or pay certificates.

§ 37-9-55. Release from contract.

Any appointed superintendent, principal or licensed employee in any public school who is under contract to teach or perform other duties and who desires to be released from such contract shall make application in writing to the school board of the school district for release therefrom, in which application the reasons for such release shall be clearly stated. If the board acts favorably upon such application for release, such superintendent, principal or licensed employee shall be released from his contract, and said contract shall be null and void on the date specified in the school board’s order.

HISTORY: Codes, 1942, § 6282-20; Laws, 1953, Ex Sess, ch. 20, § 20; Laws, 1981, ch. 499, § 8; Laws, 1986, ch. 492, § 80; Laws, 1997, ch. 545, § 19, eff from and after passage (approved April 10, 1997).

RESEARCH REFERENCES

ALR.

Termination of teacher’s tenure status by resignation. 9 A.L.R.4th 729.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 149, 151, 153.

16A Am. Jur. Legal Forms 2d (Rev), Schools § 229:239 (resignation of teacher).

CJS.

78 C.J.S., Schools and School Districts §§ 460, 461.

§ 37-9-57. Effect of abandonment of employment.

If any appointed superintendent, principal or licensed employee in any public school of this state shall arbitrarily or willfully breach his or her contract and abandon his or her employment without being released therefrom as provided in Section 37-9-55, the contract of such superintendent, principal or licensed employee shall be null and void. In addition thereto the license of such superintendent, principal or licensed employee may be suspended by the State Board of Education for a period of one (1) school year as provided in Section 37-3-2(8) upon written recommendation of the majority of the members of the school board of the school district involved.

HISTORY: Codes, 1942, § 6282-21; Laws, 1953, Ex Sess, ch. 20, § 21; Laws, 1986, ch. 492, § 81; Laws, 1988, ch. 536, § 2; Laws, 1997, ch. 545, § 20, eff from and after passage (approved April 10, 1997).

Cross References —

Power of the State Board of Education to revoke or suspend any teacher or administrator certificate upon the recommendation of the Commission on Teacher and Administrator Education, Certification, and Development, see §37-3-2.

Breach of contract, see §37-9-43.

Procedures designed to insure fair nonrenewal of licensed education employees, see §§37-9-101 through37-9-113.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 149, 151, 154 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 421-425 et seq.

§ 37-9-59. Grounds and procedure for dismissal or suspension of licensed employee; attendance at different school system by child as ground for denying employment or reemployment of superintendent, principal or licensed employee [Effective until July 1, 2019].

For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or other good cause the superintendent of schools may dismiss or suspend any licensed employee in any school district. Before being so dismissed or suspended any licensed employee shall be notified of the charges against him and he shall be advised that he is entitled to a public hearing upon said charges. Provided, however, that a school superintendent whose employment has been terminated under this section shall not have the right to request a hearing before the school board or a hearing officer. Provided, however, that a licensed employee in a conservator school district whose employment has been terminated under this section for good cause as determined by a conservator appointed by the State Board of Education shall not have a right to request a hearing before the school board, a hearing officer or the State Board of Education. The conservator has the right to immediately terminate a licensed employee under this section. In the event the continued presence of said employee on school premises poses a potential threat or danger to the health, safety or general welfare of the students, or, in the discretion of the superintendent, may interfere with or cause a disruption of normal school operations, the superintendent may immediately release said employee of all duties pending a hearing if one is requested by the employee. In the event a licensed employee is arrested, indicted or otherwise charged with a felony by a recognized law enforcement official, the continued presence of the licensed employee on school premises shall be deemed to constitute a disruption of normal school operations. The school board, upon a request for a hearing by the person so suspended or removed shall set a date, time and place for such hearing which shall be not sooner than five (5) days nor later than thirty (30) days from the date of the request. The procedure for such hearing shall be as prescribed for hearings before the board or hearing officer in Section 37-9-111. From the decision made at said hearing, any licensed employee shall be allowed an appeal to the chancery court in the same manner as appeals are authorized in Section 37-9-113. Any party aggrieved by action of the chancery court may appeal to the Mississippi Supreme Court as provided by law. In the event that a licensed employee is immediately relieved of duties pending a hearing, as provided in this section, said employee shall be entitled to compensation for a period up to and including the date that the initial hearing is set by the school board, in the event that there is a request for such a hearing by the employee. In the event that an employee does not request a hearing within five (5) calendar days of the date of the notice of discharge or suspension, it shall constitute a waiver of all rights by said employee and such discharge or suspension shall be effective on the date set out in the notice to the employee.

The school board of every school district in this state is hereby prohibited from denying employment or reemployment to any person as a superintendent, principal or licensed employee, as defined in Section 37-19-1, or as a noninstructional personnel, as defined in Section 37-9-1, for the single reason that any eligible child of such person does not attend the school system in which such superintendent, principal, licensed employee or noninstructional personnel is employed.

HISTORY: Codes, 1942, § 6282-26; Laws, 1953, Ex Sess, ch. 20, § 26; Laws, 1974, ch. 459; Laws, 1978, ch. 311, § 1; Laws, 1986, ch. 492, § 82; Laws, 1987, ch. 307, § 14; Laws, 1997, ch. 545, § 21; Laws, 2012, ch. 440, § 3; Laws, 2014, ch. 458, § 4, eff from and after passage (approved March 31, 2014).

Editor’s Notes —

Section 37-19-1, referred to in this section, was repealed by Laws of 1997, ch. 612, § 30, effective July 1, 2002.

Amendment Notes —

The 2012 amendment added the third sentence in the first paragraph.

The 2014 amendment added the fourth and fifth sentences in the first paragraph.

Cross References —

Power of the State Board of Education to revoke or suspend any teacher or administrator certificate upon the recommendation of the Commission on Teacher and Administrator Education, Certification, and Development, see §37-3-2.

Procedures designed to insure fair nonrenewal of licensed education employees, see §§37-9-101 through37-9-113.

Section37-9-111 inapplicable to superintendent whose employment was terminated by school board under this section, see §37-9-111.

OPINIONS OF THE ATTORNEY GENERAL

In regard to personnel matters, Sections 37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37-9-105 and 37-9-59, with the exception of the step-aside provisions of 37-9-17, require the recommendation of the superintendent before the board may act upon the employment of non-instructional employees and certificated employees. Hand, February 1, 1995, A.G. Op. #95-0008.

A licensed employee is entitled to a public hearing on charges brought by the superintendent of schools prior to his or her termination. Storey, Jr., May 17, 2002, A.G. Op. #02-0223.

A school district has the authority to issue a licensed employee a suspension without pay in a school year subsequent to the one in which the misconduct occurred; however, should the district administer the punishment, it is advised to dock the employee’s pay based upon last year’s salary. Adams, Oct. 18, 2002, A.G. Op. #02-0587.

School board retains the discretion to override the superintendent’s decision or impose a lesser or greater punishment if the evidence so warrants or else a hearing would be an exercise in futility. Adams, July 7, 2003, A.G. Op. 03-0279.

This section is applicable to a foreign national employee under contract for a teaching position that requires a license be held. Storey, Aug. 8, 2003, A.G. Op. 03-0353.

Section 37-9-59 provides sufficient authority for a school board to terminate an appointed superintendent following a hearing, if requested by the superintendent, conducted by the board at which the proper determinations required by the statute and consistent with the facts are made. Sanders, Nov. 4, 2005, A.G. Op. 05-0540.

RESEARCH REFERENCES

ALR.

Dismissal of, or disciplinary action against, public school teacher for violation of regulation as to dress or personal appearances of teachers. 58 A.L.R.3d 1227.

Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate. 78 A.L.R.3d 19.

What constitutes “insubordination as ground for dismissal of public school teacher. 78 A.L.R.3d 83.

Dismissal of public school teacher because of unauthorized absence or tardiness. 78 A.L.R.3d 117.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice. 52 A.L.R.4th 301.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher. 60 A.L.R.4th 260.

Negligent discharge of employee. 53 A.L.R.5th 219.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 234 et seq., 259 et seq., 263 et seq.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 101 et seq. (reinstatement of employee).

22 Am. Jur. Proof of Facts 563, Dismissal of Teachers.

20 Am. Jur. Proof of Facts 2d 511, Teacher’s Use of Excessive Corporal Punishment.

28 Am. Jur. Proof of Facts 2d 499, Teacher’s Failure to Enforce Safety Rules.

44 Am. Jur. Proof of Facts 2d 655, Defense of Teacher Charged with Professional Misconduct.

CJS.

78 C.J.S., Schools and School Districts §§ 541 et seq.

JUDICIAL DECISIONS

1. Suspension and removal—In general.

2. —Superintendents.

3. —Principals.

4. —Teachers — In general.

5. — —Insubordination or other good cause.

6. —Other personnel.

7. Procedural matters.

8. Remedies.

9. Appeals.

1. Suspension and removal—In general.

Former high school principal failed to show a breach of contract by a school district, a school board, and various board members and employees because there was good cause for his termination due to his incompetence and neglect of duty as to his handling of the school’s records and scheduling. Floyd v. Amite County Sch. Dist., 581 F.3d 244, 2009 U.S. App. LEXIS 19346 (5th Cir. Miss. 2009).

Although a school district superintendent has the authority to suspend an employee, the ultimate power to terminate an employee lies with the school board. Yarbrough v. Camphor, 645 So. 2d 867, 1994 Miss. LEXIS 450 (Miss. 1994).

The legislative intent in enacting this section [Code 1942, § 6282-26] was to make teachers and principals reasonably secure in their jobs and subject to removal only for serious causes. Madison County Board of Education v. Miles, 252 Miss. 711, 173 So. 2d 425, 1965 Miss. LEXIS 1141 (Miss. 1965).

2. —Superintendents.

Miss. Code Ann. §37-9-59 did not prevent school board members from giving a superintendent a pre-termination hearing because (1) the statute only said a school board did not have to provide a requested hearing, and (2) any statutory bar to such a hearing did not affect the viability of the superintendent’s Fourteenth Amendment claim and only indicated the superintendent’s deprivation of a property interest in the superintendent’s employment was authorized by the state, more strongly implicating the due process clause. Greene v. Greenwood Pub. Sch. Dist., 890 F.3d 240, 2018 U.S. App. LEXIS 12510 (5th Cir. Miss. 2018).

Dismissal of a superintendent under Miss. Code Ann. §37-9-59 was upheld under Miss. Code Ann. §37-9-113 because it was not arbitrary and capricious since the grounds cited showed that problems existed at all levels, the decision was supported by substantial evidence since he was aware of the problems without receiving written notice of such based on the topics discussed in frequent board meetings, and there was no personal stake or animosity against him by a school district’s board. Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., 969 So. 2d 83, 2007 Miss. App. LEXIS 253 (Miss. Ct. App.), cert. denied, 968 So. 2d 948, 2007 Miss. LEXIS 657 (Miss. 2007).

Superintendent’s due process argument was rejected in a case arising from his dismissal because he was not required to get the notice set forth in Miss. Code Ann. §37-9-109, which covered nonrenewals, and a school district board complied with the procedures set forth in Miss. Code Ann. §37-9-59 and Miss. Code Ann. §37-9-111; moreover, even if §37-9-109 did apply to the case, the superintendent failed to avail himself of the requirements of such. Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., 969 So. 2d 83, 2007 Miss. App. LEXIS 253 (Miss. Ct. App.), cert. denied, 968 So. 2d 948, 2007 Miss. LEXIS 657 (Miss. 2007).

The evidence was sufficient to support a school superintendent’s termination of a school principal on the ground that he had assaulted and threatened a teacher, even though the principal and the teacher gave conflicting testimony regarding the alleged incidents, where the evidence that the principal had assaulted the teacher on one occasion and threatened her on another was “substantial”-i.e., more than a mere scintilla and providing reasonable inferences therefrom. Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898, 1995 Miss. LEXIS 269 (Miss. 1995).

It was the manifest purpose of the Legislature that the school district board of trustees have the right and power, as well as the duty, to proceed with removal of an employee who may have been found to have been guilty of one or more of the derelictions enumerated in §37-9-59, although such employee may have been employed and be classified as a school district superintendent; further, such school district superintendent shall have and enjoy the right to a hearing before the school board as provided in §37-9-111, if requested, together with all of the other rights to due process specified for principals and teachers. The power of the county superintendent of education, the superintendent of a consolidated school district or the superintendent of the municipal separate school district to remove principals and teachers is limited to those cases in which the person proposed to be removed does not request a hearing. Tutwiler v. Jones, 394 So. 2d 1346, 1981 Miss. LEXIS 1958 (Miss. 1981).

3. —Principals.

Good cause supported a principal’s termination because the principal knew the school could not buy a fairway mower, yet the principal executed a document purporting to give a high school coach the authority to make such a purchase on the school’s behalf, which exceeded the principal’s authority and enabled a serious violation of the school board’s purchasing policy. Hester v. Lowndes County Sch. Dist., 137 So.3d 325, 2013 Miss. App. LEXIS 509 (Miss. Ct. App. 2013).

Former school principal’s Title VII of the Civil Rights Act, 42 U.S.C.S. § 2000e et seq., race discrimination claims, which the principal did not raise during his discharge proceedings and appeal were not barred by res judicata; although the chancery court could consider under Miss. Code. Ann. §37-9-113 whether the principal’s rights had been violated, the chancery court was limited to the record that was made before the board, and the principal could not have been expected to raise before the board his claim that the board was motivated by discriminatory animus when it upheld the principal’s discharge. Floyd v. Amite County Sch. Dist., 495 F. Supp. 2d 619, 2007 U.S. Dist. LEXIS 49126 (S.D. Miss. 2007).

Former school principal’s Title VII of the Civil Rights Act, 42 U.S.C.S. § 2000e et seq., race discrimination claims, which the principal did not raise during his discharge proceedings and appeal were not barred by collateral estoppel because the race discrimination claims were not raised in the discharge proceedings, and although a court of appeals found that the school superintendent and board of education had three legitimate reasons for discharging the principal, the principal could attempt to show that those reasons were pretextual. Floyd v. Amite County Sch. Dist., 495 F. Supp. 2d 619, 2007 U.S. Dist. LEXIS 49126 (S.D. Miss. 2007).

High school principal’s disregard of school attorney’s advice that school prayer was unconstitutional and could result in expensive litigation, and his decision to allow students to read prayers over intercom system at school in nonemergency situation showed lack of professional judgment which constituted “other good cause” for his one-year suspension under statute governing suspension or removal of teachers and principals. Board of Trustees v. Knox, 688 So. 2d 778, 1997 Miss. LEXIS 44 (Miss. 1997).

A school principal was properly reassigned to the position of administrative assistant in the office of the superintendent of schools where the evidence established that the principal had not been able to cope properly with the problem of scheduling students. Holliday v. West Point Municipal Separate School Dist., 401 So. 2d 1296, 1981 Miss. LEXIS 2071 (Miss. 1981).

The removal of a principal of an attendance center was justified where it was shown that the principal had violated written policies of the county board of education by using school gasoline in his own automobile, by charging personal long distance phone calls to the school, by purchasing certain equipment without taking competitive bids, and by making purchases of material under a Title II project which were not reimbursable under this project, causing loss to the center and the school district. Stegall v. Jones, 241 So. 2d 349, 1970 Miss. LEXIS 1334 (Miss. 1970).

4. —Teachers — In general.

A school board’s termination of a teacher who accepted her reassignment, but merely tried to point out to her superiors how she could better serve in a different capacity, was not justified. Dean v. Pringle, 592 So. 2d 49, 1991 Miss. LEXIS 848 (Miss. 1991).

Teacher who reports to work at wrong school as result of administrative problems resulting in teacher not being assigned any duties is not being insubordinate or neglecting duty and decision of school board terminating employment on grounds of insubordination and neglect of duty will be overturned on appeal as arbitrary and capricious. Noxubee County Bd. of Education v. Givens, 481 So. 2d 816, 1985 Miss. LEXIS 2319 (Miss. 1985).

5. — —Insubordination or other good cause.

Good cause existed for termination of a high school coach because he wrongfully exposed a school district to potential liability in a lease/purchase agreement for a fairway mower when he entered the agreement as a purported agent for the school. Hester v. Lowndes County Sch. Dist., 137 So.3d 325, 2013 Miss. App. LEXIS 509 (Miss. Ct. App. 2013).

The implementation of a school district’s “reduction in force” policy resulting from financial difficulties does not constitute “good cause” for the termination or rescission of a teacher’s contract. Byrd v. Greene County Sch. Dist., 633 So. 2d 1018, 1994 Miss. LEXIS 58 (Miss. 1994).

Insubordination is one of the “other good causes” for which one may be dismissed. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

Teacher who reports to work at wrong school as result of administrative problems resulting in teacher not being assigned any duties is not being insubordinate or neglecting duty and decision of school board terminating employment on grounds of insubordination and neglect of duty will be overturned on appeal as arbitrary and capricious. Noxubee County Bd. of Education v. Givens, 481 So. 2d 816, 1985 Miss. LEXIS 2319 (Miss. 1985).

“Insubordination” is a constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority, and as so defined, insubordination is “other good cause” within the meaning of §37-9-59. Sims v. Board of Trustees, 414 So. 2d 431, 1982 Miss. LEXIS 2026 (Miss. 1982).

The phrase in this section [Miss. Code Ann. §37-9-59] providing that a school principal may be removed for “other good cause” must be considered in connection with the specific causes preceding it. Madison County Board of Education v. Miles, 252 Miss. 711, 173 So. 2d 425, 1965 Miss. LEXIS 1141 (Miss. 1965).

6. —Other personnel.

One who is a school district athletic director and a high school football coach is subject to the provisions of Mississippi Code §37-9-59, even though the 2 jobs are not specifically listed by the title. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

Dismissal of employee, holding positions of school district athletic director and high school football coach, was justified by findings that dismissed employee had failed to follow school district’s published purchasing policy and procedures, had violated school district’s published policies and procedures concerning the collection and accounting for money from unauthorized sales of tee shirts, football jerseys, and soft drinks, and had been insubordinate toward the superintendent and the school board. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

7. Procedural matters.

School board did not convert a hearing on nonrenewal of a teacher’s contract into a termination proceeding because (1) the teacher clearly was not dismissed or suspended from the teacher’s position, and (2) an insubordination charge was mere surplusage. Ray v. Lowndes Cnty. Sch. Dist., 205 So.3d 1096, 2016 Miss. App. LEXIS 802 (Miss. Ct. App. 2016).

Teacher’s statutory rights were not violated when a school board did not comply with teacher’s request for documents prior to a hearing for dismissal; the board complied with statutory requirements for a hearing following a dismissal, even though the hearing requirements for a nonrenewal, under Miss. Code Ann. §37-9-109 were stricter. Rivers v. Bd. of Trs., 876 So. 2d 1043, 2004 Miss. App. LEXIS 615 (Miss. Ct. App. 2004).

Terminated teacher was entitled to compensation during period between notice of termination and hearing before school board. Young v. Jefferson Davis County Sch. Bd., 672 So. 2d 1219, 1996 Miss. LEXIS 140 (Miss. 1996).

The procedures followed at an administrative hearing before 3 members of the school board on a teacher’s 6-month suspension violated the teacher’s right to due process where, during a break in the formal proceedings, the 3 school board members told the teacher that they intended to reject suspension in favor of a formal reprimand, the teacher claimed to have relied on this information and rested her case prematurely, and the board ultimately reached a decision to suspend the teacher; although the teacher was afforded an opportunity to be heard, the school board, by its own actions, prevented her from taking full advantage of her right to present evidence in her favor by leading her to believe that there was no need to present additional evidence. Bowman v. Ferrell, 627 So. 2d 335, 1993 Miss. LEXIS 511 (Miss. 1993).

School board did not exceed statutory authority in investigating and initiating removal of teacher in absence of recommendation by superintendent, where superintendent had resigned upon informing school board of misrepresentation engaged in by superintendent and teacher; since power to remove teacher rests finally with school board, it is unnecessarily technical argument to say that school board cannot investigate and initiate removal in absence of superintendent. Spradlin v. Board of Trustees, 515 So. 2d 893, 1987 Miss. LEXIS 2871 (Miss. 1987).

The hearing procedure covering school employee dismissals under Mississippi Code §37-9-59 is that found in Mississippi Code §37-9-111. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

Fact that maintenance supervisor was told by school district superintendent that he was terminated before the board of trustees was convened for a hearing was, at most, harmless procedural error where, at a subsequent hearing, the board made substantially the same findings as the superintendent. Everett v. Board of Trustees, 492 So. 2d 277, 1986 Miss. LEXIS 2523 (Miss. 1986).

Removal of a teacher from her position was a violation of her right to due process where the action was taken without first giving her copies of the written charges against her, or informing her of the identities of those who had preferred the charges, or affording her an opportunity to appear before the board of trustees when it considered the charges; advising the teacher after her removal of her right to a hearing failed to comply with the provisions of §37-9-59 and §37-9-111(4). Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

Where the individual members of the school board had already decided not to reemploy teacher at the time she received school superintendent’s letter advising her of her right to a public hearing, she could not have been afforded an impartial forum in which to present her case. Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

Where the minutes showed that the board of trustees of a school district at a meeting for the purpose of choosing teachers for the following school term selected petitioner, along with others, as teachers, and that the board would require teachers without degrees to take summer work towards them, but did not indicate that this provision was a condition precedent or subsequent to the employment contract of the teachers so elected, failure of petitioner to attend summer school did not automatically invalidate her contract, and the board of trustees could only remove her under the provisions of § 26, chapter 20, Laws of 1953, extraordinary session [Miss. Code Ann. §37-9-59]. Cheatham v. Smith, 229 Miss. 803, 92 So. 2d 203, 1957 Miss. LEXIS 328 (Miss. 1957).

8. Remedies.

Where a suspended teacher’s procedural due process rights had been violated at her hearing before the school board, the chancery court erred in ordering the teacher’s reinstatement rather than a rehearing as required by §37-9-113(4). Bowman v. Ferrell, 627 So. 2d 335, 1993 Miss. LEXIS 511 (Miss. 1993).

9. Appeals.

Statute only allowed the chancery court to review whether the final decision of the school board in firing one of its teachers, was supported by substantial evidence, was arbitrary or capricious, or violated a constitutional or statutory right, as such, the statute did not authorize the chancery court to retain jurisdiction over a matter while it sent the matter back to a school board for rehearing; where the teacher failed to perfect his appeal within the 20 days, all of his subsequent motions and appeals were procedurally barred. Cowart v. Simpson County Sch. Bd., 818 So. 2d 1176, 2002 Miss. LEXIS 187 (Miss. 2002).

In reviewing a school district’s decision not to renew an employee’s contract, the Supreme Court’s inquiry concerns whether the nonrenewal decision was (1) made for a reason not specifically prohibited by law, (2) made in accordance with the applicable procedural requirements, (3) supported by substantial evidence, and (4) arbitrary or capricious. Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898, 1995 Miss. LEXIS 269 (Miss. 1995).

The chancery court was without jurisdiction in 1976 to entertain the appeal of a discharged school employee where the employee attempted a direct appeal to the chancery court rather than an appeal of her discharge to the State Board of Education as then required by the statute; moreover, the evidence established that the employee had not been discharged solely because her child was enrolled in a private school. Brantley v. Surles, 404 So. 2d 1013, 1981 Miss. LEXIS 2018 (Miss. 1981).

§ 37-9-59. Grounds and procedure for dismissal or suspension of licensed employee; attendance at different school system by child as ground for denying employment or reemployment of superintendent, principal or licensed employee [Effective July 1, 2019].

For incompetence, neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or other good cause the superintendent of schools may dismiss or suspend any licensed employee in any school district. Before being so dismissed or suspended any licensed employee shall be notified of the charges against him and he shall be advised that he is entitled to a public hearing upon said charges. Provided, however, that a school superintendent whose employment has been terminated under this section shall not have the right to request a hearing before the school board or a hearing officer. Provided, however, that a licensed employee in a conservator school district whose employment has been terminated under this section for good cause as determined by a conservator appointed by the State Board of Education shall not have a right to request a hearing before the school board, a hearing officer or the State Board of Education. The conservator has the right to immediately terminate a licensed employee under this section. In the event the continued presence of said employee on school premises poses a potential threat or danger to the health, safety or general welfare of the students, or, in the discretion of the superintendent, may interfere with or cause a disruption of normal school operations, the superintendent may immediately release said employee of all duties pending a hearing if one is requested by the employee. In the event a licensed employee is arrested, indicted or otherwise charged with a felony by a recognized law enforcement official, the continued presence of the licensed employee on school premises shall be deemed to constitute a disruption of normal school operations. The school board, upon a request for a hearing by the person so suspended or removed shall set a date, time and place for such hearing which shall be not sooner than five (5) days nor later than thirty (30) days from the date of the request. The procedure for such hearing shall be as prescribed for hearings before the board or hearing officer in Section 37-9-111. From the decision made at said hearing, any licensed employee shall be allowed an appeal to the chancery court in the same manner as appeals are authorized in Section 37-9-113. Any party aggrieved by action of the chancery court may appeal to the Mississippi Supreme Court as provided by law. In the event that a licensed employee is immediately relieved of duties pending a hearing, as provided in this section, said employee shall be entitled to compensation for a period up to and including the date that the initial hearing is set by the school board, in the event that there is a request for such a hearing by the employee. In the event that an employee does not request a hearing within five (5) calendar days of the date of the notice of discharge or suspension, it shall constitute a waiver of all rights by said employee and such discharge or suspension shall be effective on the date set out in the notice to the employee.

The school board of every school district in this state is hereby prohibited from denying employment or reemployment to any person as a superintendent, principal or licensed employee, as defined in Section 37-19-1, or as a noninstructional personnel, as defined in Section 37-9-1, for the single reason that any eligible child of such person does not attend the school system in which such superintendent, principal, licensed employee or noninstructional personnel is employed.

The provisions of this section shall be fully applicable to any administrator or employee of the Mississippi School of the Arts (MSA).

HISTORY: Codes, 1942, § 6282-26; Laws, 1953, Ex Sess, ch. 20, § 26; Laws, 1974, ch. 459; Laws, 1978, ch. 311, § 1; Laws, 1986, ch. 492, § 82; Laws, 1987, ch. 307, § 14; Laws, 1997, ch. 545, § 21; Laws, 2012, ch. 440, § 3; Laws, 2014, ch. 458, § 4, eff from and after passage (approved March 31, 2014); Laws, 2019, ch. 432, § 7, eff from and after July 1, 2019.

§ 37-9-61. Unlawful reprisal against school district employee for employee’s involvement in effort to create or encourage participation in public charter school prohibited.

A school district, school district employee or any other person who has control over personnel actions may not take unlawful reprisal against an employee of the school district because the employee is directly or indirectly involved in an effort to create or encourage participation in a public charter school. As used in this section, the term “unlawful reprisal” means an action which is adverse to the employee and results in one or more of the following for the employee:

Disciplinary or correction action;

Detail, transfer or reassignment;

Suspension, demotion or dismissal;

An unfavorable performance evaluation;

A reduction in pay, benefits or awards;

Elimination of the employee’s position without a reduction in force by reason of lack of monies or work; or

Other significant changes in duties or responsibilities which are inconsistent with the employee’s salary or employment classification.

HISTORY: Laws, 2016, ch. 420, § 9, eff from and after July 1, 2016.

Editor’s Notes —

A former §37-9-61 [Codes, 1942, § 6282-41; Laws, 1956, ch. 265, § 1; Repealed by Laws, 1986, ch. 492, § 84, effective from and after July 1, 1987] related to a requirement that superintendents, principals, and teachers file an affidavit as to membership in organizations.

§§ 37-9-63 through 37-9-67. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

§§37-9-63 through37-9-67. [Codes, 1942, §§ 6282-42 to 6282-44; Laws, 1956, ch. 265, §§ 2-4]

Editor’s Notes —

Former §§37-9-63 through37-9-67 required superintendents, principals, and teachers to file an affidavit as to membership in organizations.

§ 37-9-69. General duties of superintendents, principals and teachers.

It shall be the duty of each superintendent, principal and teacher in the public schools of this state to enforce in the schools the courses of study prescribed by law or by the state board of education, to comply with the law in distribution and use of free textbooks, and to observe and enforce the statutes, rules and regulations prescribed for the operation of schools. Such superintendents, principals and teachers shall hold the pupils to strict account for disorderly conduct at school, on the way to and from school, on the playgrounds, and during recess.

HISTORY: Codes, 1942, § 6282-24; Laws, 1953, Ex Sess, ch. 20, § 24, eff from and after July 1, 1954.

Cross References —

Duty of State Board of Education to adopt and maintain curriculum and course of study, see §37-1-3.

Suspension of pupils for good cause, see §37-9-71.

Textbooks generally, see §§37-43-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 173 et seq.

4 Am. Jur. Proof of Facts 2d, Teacher’s Failure to Supervise Students.

28 Am. Jur. Proof of Facts 2d 545, Loco Parentis Status.

CJS.

78A C.J.S., Schools and School Districts §§ 726-729.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

JUDICIAL DECISIONS

1. Apportionment of damages.

2. Duty to protect from sexual assault.

2.5. Duty to protect from bullying.

3. Duty to protect trespassers.

4. Disorderly conduct.

1. Apportionment of damages.

In an action arising from an injury sustained by the plaintiff when a fight broke out at a high school basketball game, the amount of damages should have been apportioned among all potentially responsible parties, including the individuals involved in the fight. Pearl Pub. Sch. Dist. v. Groner, 784 So. 2d 911, 2001 Miss. LEXIS 94 (Miss. 2001).

2. Duty to protect from sexual assault.

Although a public school district was under the general ministerial duty imposed on all schools to supervise its students properly, no breach of this duty was shown when a special-education student was involved in a sexual encounter with another special-education student between classes in a school because the district took reasonable steps to minimize foreseeable risks and provide a safe environment. J.E. v. Jackson Pub. Sch. Dist., 264 So.3d 786, 2018 Miss. App. LEXIS 353 (Miss. Ct. App. 2018), cert. denied, 265 So.3d 180, 2019 Miss. LEXIS 101 (Miss. 2019).

Grant of summary judgment in favor of the security service in the student’s action after he was sexually assaulted by another student was inappropriate because a security service had contracted with the student’s school district to provide security services, and thus it had obligated itself to a duty to protect the student; further, public schools had the statutory duty to minimize the risks to students and to provide a safe environment. Doe v. Wright Sec. Servs., 950 So. 2d 1076, 2007 Miss. App. LEXIS 127 (Miss. Ct. App. 2007).

2.5. Duty to protect from bullying.

Examining discretionary-function immunity under Miss. Code Ann. §11-46-9(1)(d) and case law, the overarching function involved, holding students to strict account for disorderly conduct and preventing acts of bullying, is ministerial. And while Miss. Code Ann. §§37-11-67 and37-11-69 give a school district discretion as to how to prevent bullying, these statutes do not provide discretion as to whether to prevent bullying. Nor do these statutes override the ministerial statutory duty found in Miss. Code Ann. §37-9-69 to provide a safe school environment. Smith v. Leake Cnty. Sch. Dist., 195 So.3d 771, 2016 Miss. LEXIS 293 (Miss. 2016).

Based on the Supreme Court of Mississippi’s precedent, and when examined under Miss. Code Ann. §46-11-9(1)(d) and case law, Miss. Code Ann. §37-9-69 imposes upon school districts a ministerial duty to provide a safe school environment. Smith v. Leake Cnty. Sch. Dist., 195 So.3d 771, 2016 Miss. LEXIS 293 (Miss. 2016).

Miss. Code Ann. §37-9-69 applied to alleged ministerial acts of negligent failure to enforce school district policies, failure to respond to a student’s bullying by other students, and failure to discipline those bullies, thus, Miss. Cod Ann. §11-46-9(1)(a), (d)’s discretionary immunity did not bar those claims; finding that the alleged conduct was ministerial rather than discretionary did not remove the absolute personal immunity afforded the individual officials for actions committed within the course and scope of employment. R.S. v. Starkville Sch. Dist., 2013 U.S. Dist. LEXIS 134264 (N.D. Miss. Sept. 19, 2013).

3. Duty to protect trespassers.

Because a decedent was not invited to use a school district bus parking lot, he was a trespasser, and when he left the lot to attempt to cross a public road, he relinquished that status. Thus, the district owed the decedent no duty under Miss. Code Ann. §§37-9-69 and37-7-301 when he stepped off district property and was struck by an oncoming motorist while crossing the road. Gammel v. Tate County Sch. Dist., 995 So. 2d 853, 2008 Miss. App. LEXIS 691 (Miss. Ct. App. 2008).

4. Disorderly conduct.

In a negligence action filed against a school district after a student was sexually assaulted, a school district had governmental immunity under the Mississippi Torts Claims Act because the oversight of student conduct and school safety involved an element of choice or judgment and constituted a discretionary function; a statute did not set forth how the ministerial duty to hold students accountable for disorderly conduct at school was to be carried out. Moreover, the school district’s actions regarding the implementation of school safety measures and student discipline involved both social and economic policy; however, this immunity was waived due to delay and active participation in the litigation. Doe v. Rankin County Sch. Dist., 2014 Miss. App. LEXIS 617 (Miss. Ct. App. Oct. 28, 2014), rev'd, 189 So.3d 616, 2015 Miss. LEXIS 552 (Miss. 2015).

Trial court erred in ruling that, pursuant to Miss. Code Ann. §11-46-9, discretionary immunity under the Mississippi Torts Claims Act, Miss. Code Ann. §11-46-1 et seq., barred a personal injury action, because a genuine issue of material fact existed as to whether a school district breached its duty of ordinary care in performing its ministerial duty to maintain discipline and to supervise the students, when one student assaulted another student, as required by the school district’s handbook.. Swindle v. Neshoba County Sch. Dist., 137 So.3d 869, 2013 Miss. App. LEXIS 574 (Miss. Ct. App. 2013), cert. denied, 139 So.3d 74, 2014 Miss. LEXIS 235 (Miss. 2014).

Because the proximate cause of a minor’s injuries was not the conduct of surfing in the back of a pickup truck, but merely the riding in the back of a pickup truck, which could not be considered disorderly conduct within the meaning of Miss. Code Ann. §37-9-69, the minor could not maintain an action against a school district for injuries he sustained when he fell out of the pickup truck while riding to football practice. Strange v. Itawamba County Sch. Dist., 9 So.3d 1187, 2009 Miss. App. LEXIS 240 (Miss. Ct. App. 2009).

§ 37-9-70. Office for superintendent of schools.

  1. The superintendent shall keep and maintain an office as necessary for the discharge of his or her duties and responsibilities in office. The cost of the operation of said office shall be paid out of such funds as may be available to the school board from all sources, except as provided for in the following subsection.
  2. In all school districts in which the superintendent or the administrative superintendent was, prior to July 1, 1986, known and referred to as county superintendent of education under the statutes of the State of Mississippi or as district superintendent of a special municipal separate school district which embraces all of the territory of a county, the board of supervisors shall be responsible for providing an office together with all necessary furniture and water, gas, electricity, and other utilities necessary and required for the operation of his said office, which shall be paid for out of the general fund of the county upon allowance of the board of supervisors.

HISTORY: Laws, 1986, ch. 492, § 64; Laws, 2004, ch. 357, § 7, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “superintendent” in (1).

OPINIONS OF THE ATTORNEY GENERAL

Phone service is “other utility” to be provided for superintendent’s office. Gex, Oct. 21, 1992, A.G. Op. #92-0678.

County School Board has authority under this statute to purchase suitable building and land to house Central Purchasing Office and offices of Federal Chapter 1, Drug Free Schools and Migrant Education Programs of school district. Caves Dec. 22, 1993, A.G. Op. #93-0858.

Under stated facts, viz., the office of the school superintendent is located upon property owned by the school district, the board of supervisors is neither obligated nor required to pay to the school district any sums therefor. Palmer, July 24, 1998, A.G. Op. #98-0417.

If a county superintendent of education comes within the terms of subsection (2) of this section, the county board of supervisors has the continuing responsibility of providing an office to the superintendent. The statute also charges the board of supervisors with the responsibility of utilities. Jeanes, Sept. 24, 2004, A.G. Op. 04-0463.

§ 37-9-71. Suspension or expulsion of pupils.

The superintendent of schools and the principal of a school shall have the power to suspend or expel a pupil for good cause, including 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 when such conduct by a pupil, in the determination of the 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, or for any reason for which such pupil might be suspended, dismissed or expelled by the school board under state or federal law or any rule, regulation or policy of the local school district. For any suspension of more than ten (10) days or expulsions, a student shall have the right to a due process hearing, be represented by legal counsel, to present evidence and cross-examine witnesses presented by the district. The student and the student’s parent, legal guardian or person in custody of the student may appeal suspension of more than ten (10) days and expulsions to the school board. The standard of proof in all disciplinary proceedings shall be substantial evidence. The parent or guardian of the child shall be advised of this right to a hearing by the appropriate superintendent or principal and the proper form shall be provided for requesting such a hearing.

HISTORY: Codes, 1942, §§ 6282-24, 6328-25; Laws, 1953, Ex Sess, ch. 17, § 5, ch. 20, § 24; Laws, 1986, ch. 492, § 83; Laws, 2000, ch. 559, § 2; Laws, 2017, ch. 357, § 1, eff from and after July 1, 2017.

Amendment Notes —

The 2000 amendment rewrote the first sentence.

The 2017 amendment, in the first sentence, inserted “or expel” and deleted “or for conduct occurring on property other than school property or other than at a school-related activity or event” following “school-related activity or event”; deleted the former second sentence, which read: “However, such action of the superintendent or principal shall be subject to review by and the approval or disapproval of the school board; substituted the present second sentence for the former third sentence, which read: “If the parent, guardian or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or other person shall have the right to a due process hearing”; and added the third and fourth sentences.

RESEARCH REFERENCES

ALR.

Right to hearing on charges before suspension or expulsion from educational institution. 58 A.L.R.2d 903.

Marriage or pregnancy of public school student as ground for expulsion or exclusion, or of restriction of activities. 11 A.L.R.3d 996.

Validity of regulation by public school authorities as to clothes or personal appearance of pupils. 14 A.L.R.3d 1201.

Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student. 47 A.L.R.5th 1.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 350, 355, 356.

CJS.

78A C.J.S., Schools and School Districts §§ 1091 et seq.

JUDICIAL DECISIONS

1. In general.

2. Procedure.

3. Immunity.

1. In general.

School board may suspend student caught defacing school building, in accordance with mandatory school district regulation, notwithstanding fact that other punishment might be more appropriate. Clinton Municipal Separate School Dist. v. Byrd, 477 So. 2d 237, 1985 Miss. LEXIS 2204 (Miss. 1985).

2. Procedure.

Students facing temporary suspension from a public school have property and liberty interests that qualify for protection under the Due Process Clause of the Fourteenth Amendment; notice and hearing should generally precede removal of the student from school. Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725, 1975 U.S. LEXIS 23 (U.S. 1975).

3. Immunity.

In a negligence action filed against a school district after a student was sexually assaulted, a school district had governmental immunity under the Mississippi Torts Claims Act because the oversight of student conduct and school safety involved an element of choice or judgment and constituted a discretionary function; a statute did not set forth how the ministerial duty to hold students accountable for disorderly conduct at school was to be carried out. Moreover, the school district’s actions regarding the implementation of school safety measures and student discipline involved both social and economic policy; however, this immunity was waived due to delay and active participation in the litigation. Doe v. Rankin County Sch. Dist., 2014 Miss. App. LEXIS 617 (Miss. Ct. App. Oct. 28, 2014), rev'd, 189 So.3d 616, 2015 Miss. LEXIS 552 (Miss. 2015).

§ 37-9-73. Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987.

[Codes, 1942, § 6282-25; Laws, 1953, Ex Sess, ch. 20, § 25]

Editor’s Notes —

Former §37-9-73 required teachers to keep a daily record of facts pertaining to the school.

§ 37-9-75. Strikes by teachers.

  1. For purposes of this section:
    1. “Strike” means a concerted failure to report for duty, a willful absence from one’s position, the stoppage of work, a deliberate slowing down of work, or the withholding, in whole or in part, of the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of public employment; provided, however, that nothing herein shall limit or impair the right of any certified teacher to express or communicate a complaint or opinion on any matter related to the conditions of public employment so long as the same is not designed and does not interfere with the full, faithful and proper performance of the duties of employment.
    2. “Certified teacher” shall mean the following employees of public school districts: classroom teachers, supervisors of programs, librarians, guidance personnel, audiovisual personnel and vocational directors.
  2. It is hereby declared that a strike, concerted work stoppage or concerted refusal to perform lawful duties in any manner by certified teachers against public school districts within the State of Mississippi shall be illegal, unprotected and contrary to the public policy of the State of Mississippi.
  3. No certified teacher, group of certified teachers or teacher organization shall promote, encourage or participate in any strike against a public school district, the State of Mississippi or any agency thereof.
  4. No person exercising any authority, supervision or direction over any certified teacher shall have the power to authorize, approve or consent to a strike by one or more certified teachers, and such person shall not authorize, approve or consent to such strike. No local school governing board or any person exercising authority, supervision or direction over any public school shall attempt to close or curtail the operations of the public school, or to change or alter in any manner the schedule of operations of said school in order to circumvent the full force and effect of this statute. In the event of a strike against the public school, the local school governing board shall continue school operations as long as practicable in order to ascertain which teachers are on strike, and certify the names of such teachers to the Attorney General. Any member of a local school governing board or public school administrator who violates this subsection shall be guilty of a misdemeanor and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for each day such violation continues.
  5. Chancery courts having jurisdiction of the parties are vested with the authority to hear and determine all actions alleging violations of subsection (3) of this section. Suits to enjoin violations of subsection (3) of this section shall have priority over all matters on the court’s docket except other emergency matters.
  6. If a certified teacher, a group of certified teachers, a teacher organization, or any officer, agent or representative of any teacher organization engages in a strike in violation of subsection (3) of this section, any public school district whose employees are involved or whose employees may be affected by the strike shall file suit to enjoin the strike in the Chancery Court of the First Judicial District of Hinds County, Mississippi, or in the chancery court having proper jurisdiction and proper venue of such actions. The chancery court shall conduct a hearing with notice to all interested parties, at the earliest practicable time. If the complainant makes a prima facie showing that a violation of subsection (3) of this section is in progress or that there is a clear, real and present danger that such a strike is about to commence, the chancery court shall issue a temporary restraining order enjoining the strike. Upon final hearing, the chancery court shall either make the injunction permanent or dissolve it.
  7. If an injunction to enjoin a strike issued pursuant to this section is not promptly complied with, on the application of the complainant, the chancery court shall immediately initiate contempt proceedings against those who appear to be in violation. A teacher organization found to be in contempt of court for violating an injunction against a strike shall be fined up to Twenty Thousand Dollars ($20,000.00) for each such calendar day. The fines so collected shall immediately accrue to the school district and shall be used by it to replace those services denied the public as a result of the strike. Each officer, agent or representative of a teacher organization found to be in contempt of court for violating an injunction against a teacher organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of subsection (3) of this section by the teacher organization or its representatives, officers and agents. The chancery court having jurisdiction over such actions is empowered to enforce judgment against teacher organizations by the attachment or garnishment of organization initiation fees or dues.
  8. If the court, after a hearing on notice, determines that a certified teacher has violated subsection (3) of this section, it shall order the termination of his or her employment by the public school district. No person knowingly violating the provision of said subsection may, subsequent to such violation, be employed or reemployed as a teacher by any public school district in the state unless the court first finds a public necessity therefor.

    The provisions of this subsection (8) shall be cumulative and supplemental to any other applicable provision of law.

HISTORY: Laws, 1985, ch. 351, § 31, eff from and after May 1, 1985.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

While the Mississippi Legislature has placed a statutory prohibition on strikes by teachers at Section 37-9-75, it has not given school districts any corresponding authority either direct or implied to enter into formal collective bargaining agreements with public employees. Johnson, December 20, 1995, A.G. Op. #95-0804.

This section did not apply to a case involving the question of a school board’s payment of a teacher for days she did not appear at work if her failure to report to work was due to the school district not timely granting her a hearing as she had requested. Chaney, Feb. 20, 2004, A.G. Op. 04-0038.

RESEARCH REFERENCES

ALR.

Applicability of Norris-La Guardia Act and similar state statutes to injunction action by governmental unit or agency. 29 A.L.R.2d 431.

Labor law: Right of public employees to strike or engage in work stoppage. 37 A.L.R.3d 1147.

What constitutes “insubordination” as ground for dismissal of public school teacher. 78 A.L.R.3d 83.

Dismissal of public school teacher because of unauthorized absence or tardiness. 78 A.L.R.3d 117.

Bargainable or negotiable issues in state public employment labor relations. 84 A.L.R.3d 242.

Damage liability of state or local public employees’ union or union officials for unlawful work stoppage. 84 A.L.R.3d 336.

What constitutes unfair labor practice under state public employee relations acts. 9 A.L.R.4th 20.

Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees. 22 A.L.R.4th 1103.

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 148 (complaint, petition, or declaration – by school district – against union of public school teachers – for damages incurred as result of strike).

CJS.

78 C.J.S. Schools and School Districts §§ 653, 658-661.

Lawyers’ Edition.

Damages liability of union or its members in suit under 29 USCS § 185 for breach of express or implied no-strike obligation of collective bargaining agreement–federal cases. 68 L. Ed. 2d 884.

Law Reviews.

Public Sector Collective Bargaining in Mississippi: An Argument for Acceptance, 56 Miss. L. J. 379, August, 1986.

JUDICIAL DECISIONS

1. In general.

Statute declaring strikes by public school teacher employees illegal and contrary to public policy of state rendered moot issues related to strike, such as restraining orders, temporary or permanent injunctions, and declaratory judgments, as absolute prohibition against all teacher strikes. Mississippi Asso. of Educators v. Trustees of Jackson Municipal Separate School Dist., 510 So. 2d 123, 1987 Miss. LEXIS 2439 (Miss. 1987).

§ 37-9-77. School Administrator Sabbatical Program.

  1. There is established the Mississippi School Administrator Sabbatical Program which shall be available to licensed teachers employed in Mississippi school districts for not less than three (3) years, for the purpose of allowing such teachers to become local school district administrators under the conditions set forth in this section. The State Board of Education, in coordination with the Board of Trustees of State Institutions of Higher Learning, shall develop guidelines for the program. Application shall be made to the State Department of Education for the Mississippi School Administrator Sabbatical Program by qualified teachers meeting the criteria for a department-approved administration program and who have been recommended by the local school board. Administration programs that are eligible for the administrator sabbatical program shall be limited to those that have been approved by the department by the January 1 preceding the date of admission to the program. Admission into the program shall authorize the applicant to take university course work and training leading to an administrator’s license.
  2. The salaries of the teachers approved for participation in the administrator sabbatical program shall be paid by the employing school district from nonminimum education program funds. However, the State Department of Education shall reimburse the employing school districts for the cost of the salaries and paid fringe benefits of teachers participating in the administrator sabbatical program for one (1) contract year. Reimbursement shall be made in accordance with the then current minimum education program salary schedule under Section 37-19-7, except that the maximum amount of the reimbursement from state funds shall not exceed the minimum education program salary for a teacher holding a Class A license and having five (5) years’ experience. The local school district shall be responsible for that portion of a participating teacher’s salary attributable to the local supplement and for any portion of the teacher’s salary that exceeds the maximum amount allowed for reimbursement from state funds as provided in this subsection, and the school board may not reduce the local supplement payable to that teacher. Any reimbursements made by the State Department of Education to local school districts under this section shall be subject to available appropriations and may be made only to school districts determined by the State Board of Education as being in need of administrators.
  3. Such teachers participating in the program on a full-time basis shall continue to receive teaching experience and shall receive the salary prescribed in Section 37-19-7, including the annual experience increments. Such participants shall be fully eligible to continue participation in the Public Employees’ Retirement System and the Public School Employees Health Insurance Plan during the time they are in the program on a full-time basis.
  4. As a condition for participation in the School Administrator Sabbatical Program, such teachers shall agree to employment as administrators in the sponsoring school district for not less than five (5) years following completion of administrator licensure requirements. Any person failing to comply with this employment commitment in any required school year, unless the commitment is deferred as provided in subsection (5) of this section, shall immediately be in breach of contract and become liable to the State Department of Education for that amount of his salary and paid fringe benefits paid by the state while the teacher was on sabbatical, less twenty percent (20%) of the amount of his salary and paid fringe benefits paid by the state for each year that the person was employed as an administrator following completion of the administrator licensure requirements. In addition, the person shall become liable to the local school district for any portion of his salary and paid fringe benefits paid by the local school district while the teacher was on sabbatical that is attributable to the local salary supplement or is attributable to the amount that exceeds the maximum amount allowed for reimbursement from state funds as provided in subsection (2) of this section, less twenty percent (20%) of the amount of his salary and paid fringe benefits paid by the school district for each year that the person was employed as an administrator following completion of the administrator licensure requirements. Interest on the amount due shall accrue at the current Stafford Loan rate at the time the breach occurs. If the claim for repayment of such salary and fringe benefits is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney’s fee.
  5. If there is not an administrator position immediately available in the sponsoring school district after a person has completed the administrator licensure requirements, or if the administrator position in the sponsoring school district in which the person is employed is no longer needed before the completion of the five-year employment commitment, the local school board shall defer any part of the employment commitment that has not been met until such time as an administrator position becomes available in the sponsoring school district. If such a deferral is made, the sponsoring school district shall employ the person as a teacher in the school district during the period of deferral, unless the person desires to be released from employment by the sponsoring school district and the district agrees to release the person from employment. If the sponsoring school district releases a person from employment, that person may be employed as an administrator in another school district in the state that is in need of administrators as determined by the State Board of Education, and that employment for the other school district shall be applied to any remaining portion of the five-year employment commitment required under this section. Nothing in this subsection shall prevent a school district from not renewing the person’s contract before the end of the five-year employment commitment in accordance with the School Employment Procedures Law (Section 37-9-101 et seq.). However, if the person is not employed as an administrator by another school district after being released by the sponsoring school district, or after his contract was not renewed by the sponsoring school district, he shall be liable for repayment of the amount of his salary and fringe benefits as provided in subsection (4) of this section.
  6. All funds received by the State Department of Education from the repayment of salary and fringe benefits paid by the state from program participants shall be deposited in the Mississippi Critical Teacher Shortage Fund.

HISTORY: Laws, 1997, ch. 545, § 27; Laws, 1998, ch. 544, § 8; Laws, 2001, ch. 544, § 1; Laws, 2003, ch. 416, § 3; Laws, 2007, ch. 416, § 3; Laws, 2010, ch. 488, § 6, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2001 amendment extended the date of the repealer for this section from “July 1, 2001” to “July 1, 2003.”

The 2003 amendment extended the repealer from “July 1, 2003” to “July 1, 2007.”

The 2007 amendment extended the date of the repealer in (7) from July 1, 2007, until July 1, 2010.

The 2010 amendment deleted (7), which was the repealer for the section.

Cross References —

Public employees’ retirement system, see §§25-11-101 et seq.

Public School employees health insurance plan, see §§25-15-301,25-15-303.

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Mississippi Critical Teacher Shortage Fund, see §§37-159-17.

§ 37-9-79. Professional school counselors; qualifications; comprehensive counseling services; code of ethics.

  1. Beginning with the 2014-2015 school year, the assignment of K-12 Professional School Counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:
    1. No individual shall be employed as a professional school counselor without a minimum of a Master’s Degree in Guidance and Counseling, or in an emergency situation, an appropriate certification as determined by the Commission on Teacher and Administrator Education, Certification and Licensure and Development; and
    2. Professional school counselors shall provide the following comprehensive counseling services:
      1. Academic and personal/social counseling;
      2. Use multiple student data sources to help students make informed academic and career choices;
      3. Career and educational counseling;
      4. Individual and group counseling (large/small);
      5. Crisis intervention and preventive counseling;
      6. Referrals to community agencies;
      7. Educational consultations and collaboration with teachers, administrators, parents and community leaders;
      8. Educational and career placement services;
      9. Follow-up counseling services;
      10. Conflict resolution; and
      11. Professional school counselors must spend a minimum of eighty percent (80%) of their contractual time to the delivery of services to students as outlined by the American School Counselor Association. Delivery of services is the direct service provided to students, parents, school staff and the community which are interaction between professional school counselors and students. These direct services may include the delivery of the following:

      1. School counseling core curriculum: This curriculum is designed to help students attain the desired competencies and to provide all students with the knowledge, attitudes and skills appropriate for their developmental level. The school counseling core curriculum is delivered throughout the school’s overall curriculum and may be presented by professional school counselors in collaboration with other professional educators and other resources. Collaborative efforts may be implemented to enhance the services provided.

      2. Individual student planning: Professional school counselors coordinate ongoing systemic activities or individual/group sessions designed to assist students in establishing personal/social goals and developing future career plans.

      3. Responsive services: Responsive services are designed to meet students’ immediate needs and concerns in regard to social/personal issues. Responsive services may include counseling in individual, small-group settings, or crisis responses.

      4. Indirect Student Services: Indirect services are provided on behalf of students as a result of the school counselors’ interactions with others including referrals for additional assistance, consultation and collaboration with parents, teachers, other educators and community organizations.

  2. Professional school counselors shall abide by the American School Counselor Association Code of Ethics.
  3. The State Department of Education may adopt regulations regarding the activities of the professional school counselor as are not inconsistent with this section.

HISTORY: Laws, 2002, ch. 591, § 1; Laws, 2014, ch. 320, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “professional school counselors” for “school guidance counselors” throughout the section; in (1), substituted “2014-2015” for “2002-2003,” rewrote (1)(b)(ii), which read: “Student assessment and assessment counseling,” and rewrote (1)(b)(xi), which read: “Other counseling duties or other duties as assigned by the school principal.”

Cross References —

Commission on teacher and administrator education, certification and licensure and development, see §37-3-2.

§ 37-9-81. Contracts with individuals with professional experience in academic, finance or other managerial and operational functions of schools to serve as consultants to the schools; certain individuals ineligible to serve as consultant.

The school board of a local school district may contract with a person having professional experience in academic, finance or other managerial and operational functions of schools and school districts to serve as a consultant to the school board, superintendent, principals and licensed district and school level administrators in the district.However, any person having experience as a superintendent, principal or other licensed district or school level administrator whose last full-time employment in the field of education was with a school district in Mississippi determined by the State Board of Education to be a failing district is not eligible to serve as a consultant to any school district in the state, including the district at which the person was last employed, for a period of two (2) years following the last date of the person’s employment with the failing school district.School districts seeking the services of a consultant shall verify the employment background of any person being considered to provide those services and may not contract with any person who does not meet the qualifications prescribed in this section.

HISTORY: Laws, 2010, ch. 488, § 3, eff from and after July 1, 2010.

Education Employment Procedures Law

§ 37-9-101. Short title; declaration of legislative intent.

Sections 37-9-101 through 37-9-113 shall be known as and cited as the “Education Employment Procedures Law of 2001.”

It is the intent of the Legislature to establish procedures to provide for accountability in the teaching profession; to provide a mechanism for the nonrenewal of licensed education employees in a timely, cost-efficient and fair manner; to provide public school employees with notice of the reasons for not offering an employee a renewal of his contract; to provide an opportunity for the employee to present matters in extenuation or exculpation; to provide the employee with an opportunity for a hearing to enable the board to determine whether the recommendation of nonemployment is a proper employment decision and not contrary to law and to require nonrenewal decisions to be based upon valid educational reasons or noncompliance with school district personnel policies. It is the intent of the Legislature not to establish a system of tenure.

HISTORY: Laws, 1974, ch. 577, § 1; Laws, 1977, ch. 489, § 1; Laws, 2001, ch. 459, § 1, eff from and after July 1, 2001.

Amendment Notes —

The 2001 amendment rewrote the section.

Cross References —

Nonrenewal of contracts in administrator sabbatical program, see §37-9-77.

Hearing, see §37-9-111.

Appeals, see §37-9-113.

OPINIONS OF THE ATTORNEY GENERAL

Teachers hired for nontraditional roles such as tutors, to serve in temporary positions (created pursuant to grants), and other educational positions which are not strictly in the classroom are not required to hold a license by the Commission on Teacher and Administrator Education, Certification and Licensure and Development and, therefore, are not covered by the School Employment Procedures Law. Barnett, April 24, 1998, A.G. Op. #98-0194.

The education employment procedures law applies to a foreign national employee as long as her work/professional visa remains in effect. Storey, Aug. 8, 2003, A.G. Op. 03-0353.

Reassignment of an employee from a position for which she does not meet the licensure requirements established by the the Commission on Teacher and Administrator Education, Certification and Licensure and Development to a position for which she does meet licensure requirements would not be a demotion requiring non-renewal notice. Kuykendall, July 6, 2004, A.G. Op. 04-0267.

RESEARCH REFERENCES

ALR.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher. 60 A.L.R.4th 260.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 234 et seq.

22 Am. Jur. Proof of Facts 563, Dismissal procedures, Dismissal of Teachers for Cause.

CJS.

78 C.J.S., Schools and School Districts §§ 541 et seq.

Law Reviews.

1978 Mississippi Supreme Court Review: Administrative Law. 50 Miss. L. J. 11, March 1979.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

JUDICIAL DECISIONS

1. In general.

2. Applicability.

3. Property interest in employment.

4. Standard of proof.

5. Collateral estoppel.

1. In general.

Where teacher sued the school board over nonrenewal of an earlier contract without the required notice, the issue was whether the new contract was sufficiently different from the teacher’s previous contract to constitute a nonrenewal. Fact issues as to the relative status of the two positions and whether the difference in pay was solely the result of the different number of days legitimately required remained unresolved; the ultimate consideration in determining whether there was a demotion centered not just on pay, but on responsibility, or other relevant factors, such as whether one of the positions was a lesser one, so that, because fact questions remained relating to whether the teacher had sustained a true demotion without the required statutory notice, summary judgment for the school board was improper. Bd. of Educ. v. Fisher, 874 So. 2d 1019, 2004 Miss. App. LEXIS 503 (Miss. Ct. App. 2004).

The legislature did not intend to require that all decisions of nonreemployment be based upon cause; so long as the nonreemployment decision is not based upon an improper reason, the school board does not have to justify its decision for nonreemployment. Doty v. Tupelo Pub. Sch. Dist., 751 So. 2d 1212, 1999 Miss. App. LEXIS 675 (Miss. Ct. App. 1999).

The terms “cause,” as used in this section, and “reason,” as used in §37-9-109, are not interchangeable; thus, under §37-9-113, a reviewing court may not assess whether the basis for nonrenewal rose to the level of “cause,” but may examine the question of whether facts exist to substantiate the reason offered by the school system. Buck v. Lowndes County Sch. Dist., 1999 Miss. App. LEXIS 270 (Miss. Ct. App. May 4, 1999), rev'd, 761 So. 2d 144, 2000 Miss. LEXIS 32 (Miss. 2000).

Intent of legislature in enacting School Employment Procedures Act was to grant teacher limited right to notice and opportunity to be heard by school board but not to place restrictions on what decisions school board might make. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

Main purpose of School Employment Procedures Act is to provide employees with notice that they will not be reemployed in sufficient time to enable them to secure alternative employment. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

Where there was substantial and manifestly good faith attempt by school superintendent and school board to comply with School Employment Procedures Act (§§37-9-101 to37-9-113), and where teacher was represented by counsel, procedural defects will not render board’s actions unlawful. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

School Employment Procedures Act (§§37-9-101 to37-9-113) requires the board to notify the employee of the reasons for its decision, and also if the matter is heard by a hearing officer to nevertheless afford the employee an opportunity to appear before the board and present a statement in her own behalf, in person or by an attorney, prior to a final decision by the board. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

2. Applicability.

Caucasian retired school principal’s due process claim, that she did not receive written notice of nonreemployment and reasons therefor, failed because she did not allege that the reason for her constructive termination was to avoid a hearing but only that it was because of her race. Idom v. Natchez-Adams Sch. Dist., 115 F. Supp. 3d 792, 2015 U.S. Dist. LEXIS 91321 (S.D. Miss. 2015).

In a case in which the sole remaining issue was whether the Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §37-9-101 et seq., applied to a teacher’s head basketball coach contract with a school district and both parties filed cross-motions for summary judgment, Mississippi law permitted the separate coaching contract at issue, which was not in the form set out in Miss. Code Ann. §37-9-23 and was exempted from the EEPL. Ladner v. Hancock County Sch. Dist., 614 F. Supp. 2d 768, 2008 U.S. Dist. LEXIS 30490 (S.D. Miss.), aff'd, 292 Fed. Appx. 346, 2008 U.S. App. LEXIS 19467 (5th Cir. Miss. 2008).

In a case in which the sole remaining issue was whether the Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §37-9-101 et seq., applied to a teacher’s head basketball coach contract with a school district and both parties filed cross-motions for summary judgment, the coaching contract contained express language exempting it from the EEPL. The teacher argued unsuccessfully that the coaching contract had to be subject to the EEPL since a Mississippi high school coach was required by the Mississippi High School Activities Association, Inc. Ladner v. Hancock County Sch. Dist., 614 F. Supp. 2d 768, 2008 U.S. Dist. LEXIS 30490 (S.D. Miss.), aff'd, 292 Fed. Appx. 346, 2008 U.S. App. LEXIS 19467 (5th Cir. Miss. 2008).

In an employment discrimination case in which a former teacher argued that she believed her disability was a motivating factor in her termination because the school district refused to give her a reason for its action, she was not covered by the Mississippi Education Employment Procedures Act. The Mississippi Education Employment Procedures Act defined employee as any teacher employed by the local school district for a continuous period of two years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment. Burnworth v. Vicksburg Warren Sch. Dist., 2008 U.S. Dist. LEXIS 57434 (S.D. Miss. July 24, 2008).

Mississippi Education Employment Procedures Law did not apply to a case where a former employee was transferred to an alternative school after teaching biology at a junior high and high school because contract that the employee signed stipulated that the school district had the authority to transfer her, a reassignment was permitted under Miss. Code Ann. §37-9-14(2)(s), and the reassignment was according to educator licensure guidelines in Mississippi. Winters v. Calhoun County Sch. Dist., 990 So. 2d 238, 2008 Miss. App. LEXIS 193 (Miss. Ct. App. 2008).

Miss. Code Ann. §37-9-101, while applicable to educators whose contracts were not renewed, does not address demotions. Winters v. Calhoun County Sch. Dist., 990 So. 2d 238, 2008 Miss. App. LEXIS 193 (Miss. Ct. App. 2008).

Former employee’s claim against a school district and school board was unsuccessful because Miss. Code Ann. §37-9-101, while applicable to educators whose contracts were not renewed, did not address demotions. Moreover, there was nothing in the record that supported the employee’s assertion that she was demoted or that her contract was not renewed because she would not have had less responsibility at an alternative school, her salary would have been essentially the same, and the employee would not have been required to teach a subject for which she lacked certification. Winters v. Calhoun County Sch. Dist., 990 So. 2d 238, 2008 Miss. App. LEXIS 193 (Miss. Ct. App. 2008).

The plaintiff failed to show that the University of Southern Mississippi was a school district or that she was an employee of a school district pursuant to §37-9-101 et seq. and, therefore, the chancellor properly found that she was not entitled to relief under the School Employment Procedures Law. Cubley v. University of S. Mississippi, 716 So. 2d 1071, 1998 Miss. LEXIS 271 (Miss. 1998).

School Employment Procedures Law is applicable to failure of county school superintendent to offer renewal contracts to school principals. De Soto County School Bd. v. Garrett, 508 So. 2d 1091, 1987 Miss. LEXIS 2546 (Miss. 1987).

Law governing procedures does apply even though employees in question, who had been school principals, were given opportunity to enter new contract as teachers; argument of school board that law only applies to termination and that principals were offered some other position and thus were not terminated was rejected; intent of School Employment Procedures Law was to provide public school employees with notice and opportunity to be heard before being removed from their positions, and adoption of position of school board would allow avoidance of due process procedures established in statute in cases involving superintendents or principals, by allowing removal of them from their position and reassigning them to lesser position with reduced responsibilities and salaries. De Soto County School Bd. v. Garrett, 508 So. 2d 1091, 1987 Miss. LEXIS 2546 (Miss. 1987).

3. Property interest in employment.

First year school employee did not have property interest in continued employment with school district where relevant statutes (§§37-9-101 et seq.) provided that school administrators did not need to demonstrate good cause in justifying decision not to renew teacher’s contract. Pruett v. Dumas, 914 F. Supp. 133, 1996 U.S. Dist. LEXIS 1203 (N.D. Miss.), aff'd, 98 F.3d 1339, 1996 U.S. App. LEXIS 26933 (5th Cir. Miss. 1996).

Miss. Code §37-9-15 and Mississippi School Employment Procedures Law (37-9-101 et seq.) do not create in and of themselves protectible property interest in public school employment; §37-9-15 does not create entitlement in nontenured teacher to reemployment unless good cause is shown by district for not accepting superintendent’s recommendation of tenure, and any reason may be basis for district declining to approve re-employment of particular person. Housley v. North Panola Consolidated School Dist., 656 F. Supp. 1087, 1987 U.S. Dist. LEXIS 3290 (N.D. Miss. 1987).

The removal of a classroom teacher, who had been appointed by the school district for 9 consecutive years, without prior notice and hearing, violates the Due Process provision of the Fourteenth Amendment to the Constitution of the United States, since the teacher clearly has a property interest in her employment. Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

4. Standard of proof.

Decision by a school district board of trustees not to renew a school principal’s employment contract was supported by substantial evidence and was not arbitrary and capricious because the board had a valid reason – the low academic performance of the principal’s school – not to renew the principal’s employment contract. Giles v. Shaw Sch. Dist., 203 So.3d 1165, 2016 Miss. App. LEXIS 736 (Miss. Ct. App. 2016).

A school board was not required to justify its decision not to rehire a teacher, where the teacher had failed to show any impermissible reason for the school board’s decision. Tanner v. Hazlehurst Municipal Separate School Dist., 427 So. 2d 977, 1983 Miss. LEXIS 2503 (Miss. 1983).

5. Collateral estoppel.

Litigation before the Mississippi Employment Security Commission of the reasons for a teacher’s non-reemployment was not precluded by the doctrine of collateral estoppel, although those fact questions were fully litigated and decided before the board of trustees of the school district, acting as an administrative agency, in a non-renewal proceeding initiated by the teacher, pursuant to §37-9-101, since in non-reemployment proceedings, as distinguished from discharge proceedings pursuant to §37-9-59, there is no requirement that the school administration establish good cause in order to sustain a decision not to reemploy, and on the other hand, good cause amounting to willful misconduct is required before an employee may be disqualified for employment compensation benefits; thus, even though the school board found good cause for the non-reemployment, that fact finding was not essential to the judgment, as required in order to apply the doctrine of collateral estoppel. Mississippi Employment Sec. Comm'n v. Philadelphia Mun. Separate Sch. Dist., 437 So. 2d 388, 1983 Miss. LEXIS 2840 (Miss. 1983).

§ 37-9-103. Definitions; applicability of Education Employment Procedures Law [Effective until July 1, 2019].

  1. As used in Sections 37-9-101 through 37-9-113, the word “employee” shall include:
    1. Any teacher, principal, superintendent or other professional personnel employed by the local school district for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
    2. Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.
    1. The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(11). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(11), exist.
    2. The Education Employment Procedures Law shall not apply to any category of teacher, administrator or other employee employed to work in any charter school.
  3. For purposes of Sections 37-9-101 through 37-9-113, the term “days” means calendar days.

HISTORY: Laws, 1974, ch. 577, § 2; Laws, 2001, ch. 459, § 2; Laws, 2009, ch. 516, § 8; Laws, 2010, ch. 540, § 2; Laws, 2013, ch. 497, § 53, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 2009, ch. 516 § 1 provides:

“SECTION 1. This act shall be entitled and may be cited as the “Children First Act of 2009.”

Former §37-165-27 provided that this section would stand repealed on July 1, 2016. Section37-165-27 was repealed by § 92 of Chapter 497, Laws of 2013, effective July 1, 2013.

Amendment Notes —

The 2001 amendment rewrote the section.

The 2009 amendment added (2); and added the subsection designation “(1).”

The 2010 amendment redesignated (2) as (2)(a), and added (2)(b); and designated the former last paragraph as (3).

The 2013 amendment in (2)(b), inserted “teacher, administrator or other” and substituted “employed to work in any charter school” for “as defined in this section, employed in any school that is a new start school, as provided for under Section 37-167-1.”

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Unless a business manager is required to hold a valid license issued by the State Department of Education as a prerequisite of employment, the position is not covered by the definition of “employee” and is not protected by the Education Employment Procedures Law of 2001. Varas, Apr. 12, 2002, A.G. Op. #02-0137.

JUDICIAL DECISIONS

1. In general.

2. “Employee.”

3. Personnel policy.

1. In general.

There was evidence that the employee had not completed one full year of employment with the school district when she received the non-renewal notice; she did not point to any evidence of her assertion that she had completed one full year of employment that was properly before the district court when it rendered judgment. Malcolm v. Vicksburg Warren Sch. Dist. Bd. of Trs., 709 Fed. Appx. 243, 2017 U.S. App. LEXIS 17103 (5th Cir. Miss. 2017).

Where there was substantial and manifestly good faith attempt by school superintendent and school board to comply with School Employment Procedures Act (§§37-9-101 to37-9-113), and where teacher was represented by council, procedural defects will not render the board’s actions unlawful. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

School Employment Procedures Act (§§37-9-101 to37-9-113) requires the board to notify the employee of the reasons for its decision, and also if the matter is heard by a hearing officer to nevertheless afford the employee an opportunity to appear before the board and present a statement in her own behalf, in person or by an attorney, prior to a final decision by the board. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

2. “Employee.”

In an employment discrimination case in which a former teacher argued that she believed her disability was a motivating factor in her termination because the school district refused to give her a reason for its action, she was not covered by the Mississippi Education Employment Procedures Act. The Mississippi Education Employment Procedures Act defined employee as any teacher employed by the local school district for a continuous period of two years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment. Burnworth v. Vicksburg Warren Sch. Dist., 2008 U.S. Dist. LEXIS 57434 (S.D. Miss. July 24, 2008).

Clear meaning of Miss. Code Ann. §37-9-103 is that an employee must complete a second year of employment before the employee is entitled to the protections afforded “employees” by the Mississippi Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §§37-9-101 through37-9-113; therefore, when a worker was told that her contract was not being renewed before the completion of the second year, she was not protected by the EEPL. Moreover, she was also not entitled to notice under Miss. Code Ann. §37-9-105. Hodgins v. Phila. Pub. Sch. Dist., 966 So. 2d 1279, 2007 Miss. App. LEXIS 713 (Miss. Ct. App. 2007).

Termination of the teacher’s aide by the school district was proper where the aide, pursuant to Miss. Code Ann. §37-9-103, was a non-certified employee and not required to have a license as a prerequisite of employment; the aide was an at-will employee and could be terminated for any reason. Davis v. Biloxi Pub. Sch. Dist., 937 So. 2d 459, 2005 Miss. App. LEXIS 899 (Miss. Ct. App. 2005), cert. denied, 937 So. 2d 450, 2006 Miss. LEXIS 571 (Miss. 2006), cert. denied, 549 U.S. 1224, 127 S. Ct. 1289, 167 L. Ed. 2d 107, 2007 U.S. LEXIS 2341 (U.S. 2007).

Under this section, a teacher employed as a drug educational specialist for the purpose of conducting drug education classes in various county elementary and high schools, whose immediate supervisor was the county superintendent of education rather than a school principal, constituted an employee. Jackson v. Board of Education, 349 So. 2d 550, 1977 Miss. LEXIS 2170 (Miss. 1977), but see Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

3. Personnel policy.

Where it was clear that an employer simply neglected to update its personnel policy to conform to a change in Miss. Code Ann. §37-9-103, there was no evidence that the employer intended to create greater protections than the Mississippi Education Employment Procedures Law of 2001, Miss. Code Ann. §§37-9-101 through37-9-113. Hodgins v. Phila. Pub. Sch. Dist., 966 So. 2d 1279, 2007 Miss. App. LEXIS 713 (Miss. Ct. App. 2007).

§ 37-9-103. Definitions; applicability of Education Employment Procedures Law [Effective July 1, 2019].

  1. As used in Sections 37-9-101 through 37-9-113, the word “employee” shall include:
    1. Any teacher, principal, superintendent or other professional personnel employed by the local school district or the Mississippi School of the Arts (MSA) for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
    2. Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment or the MSA, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.
    1. The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(11). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(11), exist.
    2. The Education Employment Procedures Law shall not apply to any category of teacher, administrator or other employee employed to work in any charter school.
  3. For purposes of Sections 37-9-101 through 37-9-113, the term “days” means calendar days.

HISTORY: Laws, 1974, ch. 577, § 2; Laws, 2001, ch. 459, § 2; Laws, 2009, ch. 516, § 8; Laws, 2010, ch. 540, § 2; Laws, 2013, ch. 497, § 53, eff from and after July 1, 2013; Laws, 2019, ch. 432, § 8, eff from and after July 1, 2019.

§ 37-9-104. Written notice of determination not to offer superintendent a renewal contract.

If the board of trustees makes a preliminary determination not to offer the school district superintendent a renewal contract for a successive year, written notice of the preliminary nonreemployment determination must be given to the superintendent before February 1. However, an interim conservator appointed pursuant to Section 37-17-6(14)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 is not required to comply with the time limitations prescribed in this section for recommending the reemployment of superintendents.

HISTORY: Laws, 2001, ch. 459, § 3, eff from and after July 1, 2001.

OPINIONS OF THE ATTORNEY GENERAL

A school board may employ legal counsel other than the Board Attorney only by a majority vote of a quorum present in a properly noticed and open meeting of the board, and must officially hire an attorney before sharing any confidential personnel records. Reasons for non-renewal of a superintendent’s contract and any settlement offers must be approved and recorded in the minutes at an official meeting of the board. All policies, actions, and decisions of the school board must be reasonable and necessary to meet the educational needs of the district’s children. Foreman, March 30, 2007, A.G. Op. #07-00119, 2007 Miss. AG LEXIS 71.

§ 37-9-105. Written notice of decision not to offer employee renewal contract; deadline for notification of nonreemployment.

If a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:

If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or

If the employee is a teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15, or within ten (10) calendar days after the date that the Governor approves the appropriation bill(s) comprising the state’s education budget for funding K-12, whichever date is later.

An interim conservator appointed pursuant to Section 37-17-6(14) (a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, administrators or other professional educators.

HISTORY: Laws, 1974, ch. 577, § 3; Laws, 1977, ch. 489, § 2; Laws, 1996, ch. 302, § 4; Laws, 1997, ch. 386, § 2; Laws, 2001, ch. 459, § 4; Laws, 2006, ch. 485, § 1; Laws, 2012, ch. 451, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2001 amendment rewrote the section.

The 2006 amendment substituted “If” for “In the event that” at the beginning of the introductory paragraph; added the language beginning “or within ten (10) days after the date that the Governor” and ending “whichever date is later” to the end of (b); deleted “the provisions of” following “pursuant to” twice in the second paragraph.

The 2012 amendment inserted “calendar” preceding “days after the date that the Governor approves” in (b).

Cross References —

Local school board not required to comply with the time limits prescribed in this section when considering a reduction in personnel or in local supplements, see §37-9-18.

Rights of employee under the “Education Employment Procedures Law of 2001”, see §37-9-109.

Time limitations for approval of employment contracts in school districts where state of emergency exists, see §37-17-6.

OPINIONS OF THE ATTORNEY GENERAL

In regard to personnel matters, Sections 37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37-9-105 and 37-9-59, with the exception of the step-aside provisions of 37-9-17, require the recommendation of the superintendent before the board may act upon the employment of non-instructional employees and certificated employees. Hand, February 1, 1995, A.G. Op. #95-0008.

RESEARCH REFERENCES

ALR.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice. 52 A.L.R.4th 301.

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 71 et seq. (hiring; contract renewal).

Law Reviews.

1978 Mississippi Supreme Court Review: Administrative Law. 50 Miss. L. J. 11, March 1979.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

3. Effect of failure to give notice.

4. Effect of failure to schedule hearing.

5. Good cause for nonrenewal.

6. Miscellaneous.

1. In general.

Where teacher sued the school board over nonrenewal of an earlier contract without the required notice, the issue was whether the new contract was sufficiently different from the teacher’s previous contract to constitute a nonrenewal. Fact issues as to the relative status of the two positions and whether the difference in pay was solely the result of the different number of days legitimately required remained unresolved; the ultimate consideration in determining whether there was a demotion centered not just on pay, but on responsibility, or other relevant factors, such as whether one of the positions was a lesser one, so that, because fact questions remained relating to whether the teacher had sustained a true demotion without the required statutory notice, summary judgment for the school board was improper. Bd. of Educ. v. Fisher, 874 So. 2d 1019, 2004 Miss. App. LEXIS 503 (Miss. Ct. App. 2004).

The School Employment Procedures Law confers rights only upon a certain class of educators, including teachers, principals, and superintendents; members of the support staff of the school district who are not part of the instructional personnel do not fall within the scope of the Act. Vance v. North Panola Sch. Dist., 31 F. Supp. 2d 545, 1998 U.S. Dist. LEXIS 18225 (N.D. Miss. 1998), aff'd, 189 F.3d 470, 1999 U.S. App. LEXIS 18134 (5th Cir. Miss. 1999).

Main purpose of School Employment Procedures Act is to provide employees with notice that they will not be reemployed in sufficient time to enable them to secure alternative employment. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

School Employment Procedures Act (§§37-9-101 to37-9-113) requires the board to notify the employee of the reasons for its decision, and also if the matter is heard by a hearing officer to nevertheless afford the employee an opportunity to appear before the board and present a statement in her own behalf, in person or by an attorney, prior to a final decision by the board. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

2. Constitutionality.

Equal protection clause of the Fourteenth Amendment of U.S. Constitution does not mandate that this section be construed to apply to junior college instructors as well as to public school teachers, inasmuch as separate statutory provisions, which do not contain such notification requirement as appears in §37-9-105, govern the operation of community and junior colleges; and since plaintiff was not member of a protected class, statutory distinction is presumed valid unless he can prove that distinction between 2 similarly situated groups lacked any rational relationship to legitimate state interest, which plaintiff failed to do. Dodds v. Childers, 933 F.2d 271, 1991 U.S. App. LEXIS 10997 (5th Cir. Miss. 1991).

3. Effect of failure to give notice.

Because a teacher was not provided written notice or otherwise informed within seven days of the non-renewal of the teacher’s 1999-2000 employment contract as required by Miss. Code Ann. §37-9-105, the contract was automatically renewed for the 2000-2001 school term; thus, no genuine issue of fact existed and the teacher was entitled to summary judgment. Bd. of Educ. for the Holmes County Schs v. Fisher, 2003 Miss. App. LEXIS 823 (Miss. Ct. App. Sept. 9, 2003), op. withdrawn, sub. op., 874 So. 2d 1019, 2004 Miss. App. LEXIS 503 (Miss. Ct. App. 2004).

School principals having constitutionally protected property interest in employment did not have constitutionally protectable property right in employment at rate provided by salary schedule, absent any evidence that application of schedule was school board policy; principals’ contracts entitled them only to salary received during previous school year, schedule had been in existence at time previous year’s contract had been executed and had not been used in calculating salaries, and board complied with all state statutory notice requirements. Gardner v. Coffeeville Sch. Dist., 982 F. Supp. 1221, 1997 U.S. Dist. LEXIS 16748 (N.D. Miss. 1997).

Under Mississippi law, if school principal is not given statutory notice of termination, employment is deemed to continue for one year at previous year’s rate. Gardner v. Coffeeville Sch. Dist., 982 F. Supp. 1221, 1997 U.S. Dist. LEXIS 16748 (N.D. Miss. 1997).

If a school district employee, holding positions of school district athletic director and high school football coach, had not been notified of his nonemployment on or before April 8, 1984, then the superintendent would have been obligated to tender him a new contract, effective July 1, 1984, for the upcoming school year. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

A teacher found to have a valid contract with school board for 1982-83 school year had her contract automatically renewed for the 1983-84 school year where school board failed to give written notice before April 8, 1983 of its intention not to renew her contract for the 1983-84 term. Noxubee County School Bd. v. Cannon, 485 So. 2d 302, 1986 Miss. LEXIS 2422 (Miss. 1986).

Assuming that automatic renewal of contract is appropriate remedy for junior college teacher who does not receive timely notice of nonrenewal of teaching contract, if teacher obtains employment elsewhere, appropriate remedy is award of damages in amount lost due to failure of school board to give timely notice; teacher does not meet burden of proof on issue of damages where although teacher shows that salary decreased when teacher obtained other employment, there is no proof that teacher could have maintained higher salary had teacher received timely notice of nonrenewal. Robinson v. Board of Trustees, 477 So. 2d 1352, 1985 Miss. LEXIS 2273 (Miss. 1985).

Failure of school board to comply with notice requirements of §37-9-105 results in automatic renewal of teacher’s contract for ensuing school year at compensation specified in contract. Robinson v. Board of Trustees, 477 So. 2d 1352, 1985 Miss. LEXIS 2273 (Miss. 1985).

The notice provisions of Code §37-9-17 and §37-9-105 relating to termination of teaching services, are mandatory; hence, the trial court erred in dismissing an injunction suit to prevent termination of teaching services, where the superintendent of the school district failed to tender notice of termination to the teacher within seven days of April 1, 1976. McDonald v. East Jasper County School Dist., 351 So. 2d 531, 1977 Miss. LEXIS 1933 (Miss. 1977).

One purpose of this section is to give those teachers who are not to be reemployed for the ensuing year early notice of that fact so that they might seek employment elsewhere, regardless of whether the teacher works at a particular school or works at various county schools under the direct supervision of the county superintendent of education, and notwithstanding the fact that the decision not to rehire the teacher results from termination of his position, so that the failure of the county school board to abide by the mandatory dictates of this section by affording the teacher notice that he would not be reemployed constituted an automatic renewal of his outstanding contract for the ensuing year, including back pay through the time of the judicial order requiring reinstatement. Jackson v. Board of Education, 349 So. 2d 550, 1977 Miss. LEXIS 2170 (Miss. 1977), but see Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

4. Effect of failure to schedule hearing.

Failure of board of education to schedule timely hearing regarding teacher’s nonre-employment does not result in automatic renewal of teacher’s contract where teacher has been provided with timely notice of nonrenewal. Noxubee County Bd. of Education v. Overton, 483 So. 2d 301, 1985 Miss. LEXIS 2344 (Miss. 1985).

5. Good cause for nonrenewal.

Trial court properly upheld the non-renewal of a high school principal’s employment contract because he did not follow district policy, did not meet established attendance goals for the district, did not maintain a consistently clean and sanitary school environment, and made several policy decisions without the required Board approval, and the board made a good-faith attempt to follow the applicable statutory procedures. Robey v. Cleveland Sch. Dist., 138 So.3d 230, 2014 Miss. App. LEXIS 246 (Miss. Ct. App. 2014).

Financial adviser found that elimination of personnel and positions was required as part of the remedy for the school district’s deficit. The school district had the authority to alter the offer of renewed employment that had already been made to the assistant principal even after the deadline that would usually apply to school employee contract renewal. McKnight v. Mound Bayou Pub. Sch. Dist., 879 So. 2d 493, 2004 Miss. App. LEXIS 223 (Miss. Ct. App. 2004).

The implementation of a school district’s “reduction in force” policy resulting from financial difficulties does not constitute “good cause” for the termination or rescission of a teacher’s contract. Byrd v. Greene County Sch. Dist., 633 So. 2d 1018, 1994 Miss. LEXIS 58 (Miss. 1994).

6. Miscellaneous.

In a case in which the sole remaining issue was whether the Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §37-9-101 et seq., applied to a teacher’s head basketball coach contract with a school district and both parties filed cross-motions for summary judgment, the teacher argued unsuccessfully that he had not received notice that his coaching contract would not be renewed. While the teaching contract had been renewed, earlier, the teacher had been notified that he would not be re-employed with the district, which seemed sufficient to meet the legislative objectives of the EEPL in regard to both contracts; there was no requirement in the EEPL or the case law that a school district had to list each contract the district intended not to renew. Ladner v. Hancock County Sch. Dist., 614 F. Supp. 2d 768, 2008 U.S. Dist. LEXIS 30490 (S.D. Miss.), aff'd, 292 Fed. Appx. 346, 2008 U.S. App. LEXIS 19467 (5th Cir. Miss. 2008).

Although a county school district initially decided to renew a principal’s contract, the district later became aware of events that it felt required the principal’s termination. Accordingly, the principal’s employment was terminated, so Miss. Code Ann. §37-9-105(a) providing for the nonrenewal of a contract was not applicable. Simpson v. Holmes County Bd. of Educ., 2 So.3d 799, 2009 Miss. App. LEXIS 62 (Miss. Ct. App. 2009).

Clear meaning of Miss. Code Ann. §37-9-103 is that an employee must complete a second year of employment before the employee is entitled to the protections afforded “employees” by the Mississippi Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §§37-9-101 through37-9-113; therefore, when a worker was told that her contract was not being renewed before the completion of the second year, she was not protected by the EEPL. Moreover, she was also not entitled to notice under Miss. Code Ann. §37-9-105. Hodgins v. Phila. Pub. Sch. Dist., 966 So. 2d 1279, 2007 Miss. App. LEXIS 713 (Miss. Ct. App. 2007).

After teacher was given notice of termination, she no longer had status as employee, and school board was not required to provide her with notice that employment contract would not be renewed for the ensuing school year. Young v. Jefferson Davis County Sch. Bd., 672 So. 2d 1219, 1996 Miss. LEXIS 140 (Miss. 1996).

Statute [Miss. Code Ann. §37-9-105] setting March 1 as absolute final date when nonrenewal notice can be given to a principal applied to termination of high school principal, rather than statute [Miss. Code Ann. §37-9-15] stating that no later than February 15, recommendation should be made to school board of principals to be employed for each of the schools of the districts. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

Any defect in timeliness of notice of nonrenewal of principal’s contract due to service of notice on principal on March 1 rather than on February 22 date on which principal argued notice should have been served, was harmless; because statutory language was ambiguous, school board could have reached a good faith, plausible conclusion that notification by March 1 complied with statutory procedural requirements and time span between February 22 and March 1 was less than one week. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

School district superintendent, not school district, was required to give notice to high school principal of nonrenewal of his contract. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

Nontenured teacher who was denied contract renewal has right to have procedures provided under Mississippi School Employment Procedures Law (37-9-101 et seq.) followed, however, teacher did not have entitlement to his job pursuant to these statutory provisions, as Act simply affords teacher notice and forum in which to publicly clear his name or show permissible reason for school district’s decision. Housley v. North Panola Consolidated School Dist., 656 F. Supp. 1087, 1987 U.S. Dist. LEXIS 3290 (N.D. Miss. 1987).

Where there was substantial and manifestly good faith attempt by school superintendent and school board to comply with School Employment Procedures Act (§§37-9-101 to37-9-113), and where teacher was represented by counsel, procedural defects will not render the board’s actions unlawful. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

§ 37-9-107. Repealed.

Repealed by Laws, 1977, ch. 489, § 6, eff from and after July 1, 1977.

[Laws, 1974, ch. 577, § 4]

Editor’s Notes —

Former §37-9-107 contained provisions regulating the giving of notices of nonreemployment to superintendents and employees.

§ 37-9-109. Rights of employee receiving notice of nonrenewal generally; request for hearing; finality of decision.

An employee who has received notice under Section 37-9-105, upon written request from the employee received by the district within ten (10) days of receipt of the notice by the employee, shall be entitled to:

Written notice of the specific reasons for nonreemployment, together with a summary of the factual basis therefor, a list of witnesses and a copy of documentary evidence substantiating the reasons intended to be presented at the hearing, which notice shall be given at least fourteen (14) days prior to any hearing; if the district fails to provide this information to the employee, then the recommendation for nonreemployment shall be null and void, and the board shall order the execution of a contract with the employee for an additional period of one (1) year;

An opportunity for a hearing at which to present matters relevant to the reasons given for the proposed nonreemployment, including any reasons alleged by the employee to be the reason for nonreemployment; provided, however, that any school superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board shall not have the right to request a hearing before the school board or a hearing officer;

Receive a fair and impartial hearing before the board or hearing officer; provided, however, that any school superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board shall not have the right to request a hearing before the school board or a hearing officer;

Be represented by legal counsel, at his own expense.

Any employee requesting a hearing shall provide the district, not less than five (5) days before the scheduled date for the hearing, a response to the specific reasons for nonreemployment, a list of witnesses and a copy of documentary evidence in support of the response intended to be presented at the hearing. If the employee fails to provide this information, then the recommendation of nonreemployment shall be final without the necessity of a hearing.

If the employee does not request a hearing, the recommendation regarding the nonreemployment of the employee shall be final.

HISTORY: Laws, 1974, ch. 577, § 5; Laws, 1977, ch. 489, § 3; Laws, 2001, ch. 459, § 5; Laws, 2012, ch. 440, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2001 amendment added the proviso at the end of the section.

The 2012 amendment added the proviso at the end of (b) and (c).

OPINIONS OF THE ATTORNEY GENERAL

If a board of aldermen determines, consistent with the facts, that a member is no longer a resident of the ward he was elected to serve and is not merely temporarily residing outside his ward but has abandoned same, a vacancy would have to be declared and a special election set in accordance with Section 23-15-857. Skellie, Aug. 18, 2006, A.G. Op. 06-0377.

RESEARCH REFERENCES

ALR.

Dismissal or rejection of public schoolteacher because of disloyalty. 27 A.L.R.2d 487.

Sufficiency of teacher’s request for hearing, under statute requiring hearing on request before discharge. 89 A.L.R.2d 1018.

Tests of moral character or fitness as requisite to issuance of teacher’s license or certificate. 96 A.L.R.2d 536.

Revocation of teacher’s certificate for moral unfitness. 97 A.L.R.2d 827.

Right to dismiss public school teacher on ground that services are no longer needed. 100 A.L.R.2d 1141.

Dismissal: what constitutes “incompetency” or “inefficiency” as a ground for dismissal or demotion of public school teacher. 4 A.L.R.3d 1090.

Elements and measure of damages in action by schoolteacher for wrongful discharge. 22 A.L.R.3d 1047.

Libel and slander: actionability of statements imputing inefficiency or lack of qualification to public school teacher. 40 A.L.R.3d 490.

Use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher’s certificate. 47 A.L.R.3d 754.

Racial discrimination in the hiring, retention, and assignment of teachers – federal cases. 3 A.L.R. Fed. 325.

Maternity leave: mandatory maternity leave rules or policies for public school teachers as constituting violation of equal protection clause of Fourteenth Amendment to Federal Constitution.17 A.L.R. Fed. 768.

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 71 et seq. (hiring; contract renewal).

22 Am. Jur. Proof of Facts 563, Dismissal of Teachers for Cause.

Law Reviews.

The History and Future of Sovereign Immunity for Mississippi School Districts. 58 Miss. L. J. 275, Fall 1988.

JUDICIAL DECISIONS

1. In general.

2. Property interest in employment.

3. Right to hearing.

4. Burden of proof.

5. Bias and recusal of hearing officer.

6. Miscellaneous.

1. In general.

Superintendent’s due process argument was rejected in a case arising from his dismissal because he was not required to get the notice set forth in Miss. Code Ann. §37-9-109, which covered nonrenewals, and a school district board complied with the procedures set forth in Miss. Code Ann. §37-9-59 and Miss. Code Ann. §37-9-111; moreover, even if §37-9-109 did apply to the case, the superintendent failed to avail himself of the requirements of such. Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., 969 So. 2d 83, 2007 Miss. App. LEXIS 253 (Miss. Ct. App.), cert. denied, 968 So. 2d 948, 2007 Miss. LEXIS 657 (Miss. 2007).

The terms “cause,” as used in §37-9-101, and “reason,” as used in this section, are not interchangeable; thus, under §37-9-113, a reviewing court may not assess whether the basis for nonrenewal rose to the level of “cause,” but may examine the question of whether facts exist to substantiate the reason offered by the school system. Buck v. Lowndes County Sch. Dist., 1999 Miss. App. LEXIS 270 (Miss. Ct. App. May 4, 1999), rev'd, 761 So. 2d 144, 2000 Miss. LEXIS 32 (Miss. 2000).

Main purpose of School Employment Procedures Act is to provide employees with notice that they will not be reemployed in sufficient time to enable them to secure alternative employment. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

School Employment Procedures Act (§§37-9-101 to37-9-113) requires the board to notify the employee of the reasons for its decision, and also if the matter is heard by a hearing officer to nevertheless afford the employee an opportunity to appear before the board and present a statement in her own behalf, in person or by an attorney, prior to a final decision by the board. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

Where the school board refused to accord a teacher a requested hearing on the basis that his employment was for less than a full school year, which the board interpreted to be a prerequisite to entitlement to notice and hearing in connection with his nonrehiring, whether the school district officials correctly interpreted and applied Mississippi law did not raise any federal issue cognizable under 42 USCA § 1983. Roberts v. Arledge, 519 F.2d 1129, 1975 U.S. App. LEXIS 12601 (5th Cir. Miss. 1975).

2. Property interest in employment.

Miss. Code §37-9-15 and Mississippi School Employment Procedures Law (37-9-101 et seq.) do not create in and of themselves protectible property interest in public school employment; §37-9-15 does not create entitlement in nontenured teacher to reemployment unless good cause is shown by district for not accepting superintendent’s recommendation of tenure, and any reason may be basis for district declining to approve re-employment of particular person. Housley v. North Panola Consolidated School Dist., 656 F. Supp. 1087, 1987 U.S. Dist. LEXIS 3290 (N.D. Miss. 1987).

The statutory protection against arbitrary dismissal of public school teachers creates a protectable property interest in public employment under the due process clause. McDonald v. Mims, 577 F.2d 951, 1978 U.S. App. LEXIS 9768 (5th Cir. Miss. 1978).

3. Right to hearing.

Where a teacher was terminated for accessing confidential student information, the teacher’s Fourteenth Amendment procedural due process claim against the superintendent survived because a genuine issue of material fact existed regarding whether the teacher complied with the statutory notice provisions and whether the school district’s decision not to afford the teacher a hearing on the nonrenewal of the teaching contract violated the essential requirements of procedural due process. Dearman v. Stone County Sch. Dist., — F. Supp. 3d —, 2014 U.S. Dist. LEXIS 37489 (S.D. Miss. Mar. 21, 2014).

Failure of board of education to schedule timely hearing regarding teacher’s nonre-employment does not result in automatic renewal of teacher’s contract where teacher has been provided with timely notice of nonrenewal. Noxubee County Bd. of Education v. Overton, 483 So. 2d 301, 1985 Miss. LEXIS 2344 (Miss. 1985).

4. Burden of proof.

Substantial evidence supported a school board’s decision affirming a school district’s decision not to renew a teacher’s contract, and that decision was not arbitrary or capricious, because the teacher did not comply with plans of improvement after receiving multiple opportunities to improve performance. Ray v. Lowndes Cnty. Sch. Dist., 205 So.3d 1096, 2016 Miss. App. LEXIS 802 (Miss. Ct. App. 2016).

The burden rests with the employees/teachers to present affirmative evidence that a board’s decision not to renew their contracts was without factual basis; it is insufficient for the teachers to claim simply that the allegations against them are untrue. Buck v. Lowndes County Sch. Dist., 761 So. 2d 144, 2000 Miss. LEXIS 32 (Miss. 2000).

The enactment of the School Employment Procedures Law granted to teachers the limited right to notice and an opportunity to be heard by the school board prior to being terminated, but did not create a system of tenure; at such a hearing the burden of proof is upon the employee to prove affirmatively and conclusively that the reasons for termination relied upon by the school board had no basis in fact. Calhoun County Board of Education v. Hamblin, 360 So. 2d 1236, 1978 Miss. LEXIS 2340 (Miss. 1978), but see Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

5. Bias and recusal of hearing officer.

A chancellor erred in finding that a hearing officer should have recused himself, even though the hearing officer was retained to serve in this capacity by the law firm which represented the school board in the proceedings, where he stated that he had acted as a hearing officer at the request of the law firm on 4 or 5 other occasions when the firm represented a school board and that he could be fair and impartial in making a decision in the case, and there was no evidence that he had any personal or financial interest in the outcome of the case, or that he had any feelings of personal animosity toward the terminated school district employee. Byrd v. Greene County Sch. Dist., 633 So. 2d 1018, 1994 Miss. LEXIS 58 (Miss. 1994).

Only those persons who, out of personal animosity, or personal or financial stake in the decision, are shown of such bias that the presumption of honesty and integrity of school board members is overcome, shall be disqualified from service on a hearing board based on due process considerations. Hoffman v. Board of Trustees, East Mississippi Junior College, 567 So. 2d 838, 1990 Miss. LEXIS 551 (Miss. 1990).

6. Miscellaneous.

Nonrenewal of school district employee’s contract did not violate due process, as she received notice that district was considering her discharge and had opportunity to respond; any failure by district to comply with Mississippi law when employee’s termination was recategorized as nonrenewal did not amount to violation of federal due process. Dearman v. Stone Cnty. Sch. Dist., 832 F.3d 577, 2016 U.S. App. LEXIS 14809 (5th Cir. Miss. 2016).

Clear meaning of Miss. Code Ann. §37-9-103 is that an employee must complete a second year of employment before the employee is entitled to the protections afforded “employees” by the Mississippi Education Employment Procedures Law of 2001 (EEPL), Miss. Code Ann. §§37-9-101 through37-9-113; therefore, when a worker was told that her contract was not being renewed before the completion of the second year, she was not protected by the EEPL. Moreover, she was also not entitled to notice under Miss. Code Ann. §37-9-105. Hodgins v. Phila. Pub. Sch. Dist., 966 So. 2d 1279, 2007 Miss. App. LEXIS 713 (Miss. Ct. App. 2007).

In a dispute regarding the nonrenewal of an employment contract for a teacher/coach, due process rights under the Fourteenth Amendment were not violated by the conduct of a hearing officer; the arguments based on selective citations to testimony, ill-founded legal conclusions, and the assertion that the hearing officer became an expert witness were simply untenable. Smith v. Petal Sch. Dist., 956 So. 2d 273, 2006 Miss. App. LEXIS 672 (Miss. Ct. App. 2006), cert. denied, 957 So. 2d 1004, 2007 Miss. LEXIS 289 (Miss. 2007).

The fact that an attorney for a school’s board of trustees participates in a dismissal hearing, advises the board and generally runs the hearing affords the employee no grounds for complaint unless it can be shown that in fact the attorney corrupted or otherwise destroyed the impartiality of the process. Hoffman v. Board of Trustees, East Mississippi Junior College, 567 So. 2d 838, 1990 Miss. LEXIS 551 (Miss. 1990).

Nontenured teacher who was denied contract renewal has right to have procedures provided under Mississippi School Employment Procedures Law (37-9-101 et seq.) followed, however, teacher did not have entitlement to his job pursuant to these statutory provisions, as Act simply affords teacher notice and forum in which to publicly clear his name or show permissible reason for school district’s decision. Housley v. North Panola Consolidated School Dist., 656 F. Supp. 1087, 1987 U.S. Dist. LEXIS 3290 (N.D. Miss. 1987).

Where there was substantial and manifestly good faith attempt by school superintendent and school board to comply with School Employment Procedures Act (§§37-9-101 to37-9-113), and where teacher was represented by counsel, procedural defects will not render the board’s actions unlawful. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

§ 37-9-111. Hearing.

  1. The school board, or its designee, upon request for a hearing from an employee under the terms of Sections 37-9-101 through 37-9-113, shall set the time, place and date of such hearing and notify the employee in writing of same. The date shall be set not sooner than five (5) days nor later than thirty (30) days from the date of the request, unless otherwise agreed. The hearing may be held before the board or before a hearing officer appointed for such purpose by the board, either from among its own membership, from the staff of the school district or some other qualified and impartial person, but in no event shall the hearing officer be the staff member responsible for the initial recommendation of nonreemployment. No hearing officer may have an interest in the outcome of a hearing, nor may a hearing officer be related to a board member, any administrator making the recommendations of nonreemployment or the employee. Once a hearing officer is appointed, no ex parte communications may be made regarding any substantive provisions of the hearing.
  2. The hearing must be held in executive session unless the employee elects to have a public hearing. If an employee makes this election, however, the board or the hearing officer, as the case may be, may order any part of the hearing to be held in executive session, if, in the opinion of the board or the hearing officer, the testimony to be elicited deals with matters involving the reputation or character of another person. Notwithstanding the election by an employee for a public hearing, any testimony by minor witnesses must be held in executive session and considered confidential personnel records and confidential student records, subject to an expectation of reasonable privacy and confidentiality. Public disclosure of these records may be by court order only.
  3. The district shall present evidence, either in written or oral form, at the hearing in support of its recommendation for nonreemployment.

    The employee shall be afforded an opportunity to present matters at the hearing relevant to the reasons given for the proposed nonreemployment determination and to the reasons the employee alleges to be the reasons for nonreemployment and to be represented by counsel at such a hearing. Such hearing shall be conducted in such a manner as to afford the parties a fair and reasonable opportunity to present witnesses and other evidence pertinent to the issues and to cross-examine witnesses presented at the hearing. The board or the hearing officer may require any portion of the evidence to be submitted in the form of depositions or affidavits, and in case affidavits are received, an opportunity to present counter-affidavits shall be provided.

  4. The board shall cause to be made stenographic notes of the proceedings. In the event of a judicial appeal of the board’s decision, the entire expense of the transcript and notes shall be assessed as court costs.
  5. The board shall review the matters presented before it, or, if the hearing is conducted by a hearing officer, the report of the hearing officer, if any, the record of the proceedings and, based solely thereon, conclude whether the proposed nonreemployment is a proper employment decision, is based upon a valid educational reason or noncompliance with school district personnel policies and is based solely upon the evidence presented at the hearing, and shall notify the employee in writing of its final decision and reasons therefor. Such notification shall be within thirty (30) days of the conclusion of the hearing if the hearing is conducted by a hearing officer and within ten (10) days of the conclusion of the hearing if the hearing is initially conducted by the board. If the matter is heard before a hearing officer, the board shall also grant the employee the opportunity to appear before the board to present a statement in his own behalf, either in person or by his attorney, prior to a final decision by the board.
  6. In conducting a hearing, the board or hearing officer shall not be bound by common law or by statutory rules of evidence or by technical or formal rules of procedure except as provided in Sections 37-9-101 through 37-9-113, but may conduct such hearing in such manner as best to ascertain the rights of the parties; however, hearsay evidence, if admitted, shall not be the sole basis for the determination of facts by the board or hearing officer.
  7. In the event the decision of the school board is in favor of the employee, the board shall have the authority to order the execution of a contract with the employee for an additional period of one (1) year.
  8. For purposes of conducting hearings under Sections 37-9-101 through 37-9-113, the board or hearing officer shall have the authority to issue subpoenas for witnesses and to compel their attendance and the giving of evidence. Any expense connected therewith shall be borne by the party requesting the subpoenas, which shall include an appearance fee for each witness so subpoenaed not inconsistent with state laws governing payments to witnesses. In the event it is necessary to enforce or to quash a subpoena issued to compel the attendance of a witness, application shall be made with the chancery court of the county where the school board is located.
  9. This section shall not be applicable to a superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board.

HISTORY: Laws, 1974, ch. 577, § 6; Laws, 1977, ch. 489, § 4; Laws, 2001, ch. 459, § 6; Laws, 2012, ch. 440, § 2, eff from and after July 1, 2012.

Amendment Notes —

The 2001 amendment rewrote the section.

The 2012 amendment added (9).

Cross References —

Suspension or removal of principal or teacher; prohibited grounds for denying employment or reemployment, see §37-9-59.

RESEARCH REFERENCES

ALR.

Public school teacher’s self-defense, or defense of another, as justification, in dismissal proceedings, for use or threat of use of force against student. 37 A.L.R.4th 842.

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 101 et seq. (actions for reinstatement).

22 Am. Jur. Proof of Facts 563, Dismissal of Teachers for Cause.

Law Reviews.

1978 Mississippi Supreme Court Review: Administrative Law. 50 Miss. L. J. 11, March 1979.

JUDICIAL DECISIONS

1. In general.

2. Notice of hearing.

3. Right to fair and impartial hearing.

4. Procedural rights at hearing.

5. Burden of proof.

6. Decision following hearing.

7. Miscellaneous.

1. In general.

Superintendent’s due process argument was rejected in a case arising from his dismissal because he was not required to get the notice set forth in Miss. Code Ann. §37-9-109, which covered nonrenewals, and a school district board complied with the procedures set forth in Miss. Code Ann. §37-9-59 and Miss. Code Ann. §37-9-111; moreover, even if §37-9-109 did apply to the case, the superintendent failed to avail himself of the requirements of such. Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., 969 So. 2d 83, 2007 Miss. App. LEXIS 253 (Miss. Ct. App.), cert. denied, 968 So. 2d 948, 2007 Miss. LEXIS 657 (Miss. 2007).

Nontenured teacher who was denied contract renewal has right to have procedures provided under Mississippi School Employment Procedures Law (37-9-101 et seq.) followed, however, teacher did not have entitlement to his job pursuant to these statutory provisions, as Act simply affords teacher notice and forum in which to publicly clear his name or show permissible reason for school district’s decision. Housley v. North Panola Consolidated School Dist., 656 F. Supp. 1087, 1987 U.S. Dist. LEXIS 3290 (N.D. Miss. 1987).

The hearing procedure covering school employee dismissals under Mississippi Code §37-9-59 is that found in Mississippi Code §37-9-111. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

Since board of education’s failure to comply with procedural requirements of §37-9-111 constituted harmless error, chancery court erred in directing teacher’s re-employment. Noxubee County Bd. of Education v. Overton, 483 So. 2d 301, 1985 Miss. LEXIS 2344 (Miss. 1985).

A 1979 incident of insubordination by a tenured teacher was relevant to facts involving renewal of the teacher’s contract, which the school board was not bound to tender unless impermissible constitutional reasons existed, despite the fact the incident was not placed in the teacher’s personnel file. Jackson v. Hazlehurst Municipal Separate School Dist., 427 So. 2d 134, 1983 Miss. LEXIS 2447 (Miss. 1983).

Where there was substantial and manifestly good faith attempt by school superintendent and school board to comply with School Employment Procedures Act (§§37-9-101 through37-9-113), and where teacher was represented by counsel, procedural defects will not render the board’s actions unlawful. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

It was the manifest purpose of the Legislature that the school district board of trustees have the right and power, as well as the duty, to proceed with removal of an employee who may have been found to have been guilty of one or more of the derelictions enumerated in §37-9-59, although such employee may have been employed and be classified as a school district superintendent; further, such school district superintendent shall have and enjoy the right to a hearing before the school board as provided in §37-9-111, if requested, together with all of the other rights to due process specified for principals and teachers. The power of the county superintendent of education, the superintendent of a consolidated school district or the superintendent of the municipal separate school district to remove principals and teachers is limited to those cases in which the person proposed to be removed does not request a hearing. Tutwiler v. Jones, 394 So. 2d 1346, 1981 Miss. LEXIS 1958 (Miss. 1981).

The enactment of the School Employment Procedures Law granted to teachers the limited right to notice and an opportunity to be heard by the school board prior to being terminated, but did not create a system of tenure. Calhoun County Board of Education v. Hamblin, 360 So. 2d 1236, 1978 Miss. LEXIS 2340 (Miss. 1978), but see Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

2. Notice of hearing.

A teacher waived the 30-day notice requirement where, at the beginning of her hearing, she stipulated that she waived her right to a hearing within 30 days. Doty v. Tupelo Pub. Sch. Dist., 751 So. 2d 1212, 1999 Miss. App. LEXIS 675 (Miss. Ct. App. 1999).

Failure of board of education to schedule timely hearing regarding teacher’s nonre-employment does not result in automatic renewal of teacher’s contract where teacher has been provided with timely notice of nonrenewal. Noxubee County Bd. of Education v. Overton, 483 So. 2d 301, 1985 Miss. LEXIS 2344 (Miss. 1985).

Removal of a teacher from her position was a violation of her right to due process where the action was taken without first giving her copies of the written charges against her, or informing her of the identities of those who had preferred the charges, or affording her an opportunity to appear before the board of trustees when it considered the charges; advising the teacher after her removal of her right to a hearing failed to comply with the provisions of §37-9-59 and §37-9-111(4). Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

3. Right to fair and impartial hearing.

The absence of two of five members of the board of trustees on the last day of a three-day hearing on the termination of the superintendent of the school district did not violate the superintendent’s due process rights to a fair hearing where the superintendent was permitted to address the full board before it rendered a decision and the superintendent showed no prejudice. Crockett v. Board of Trustees for the Mound Bayou Sch., 770 So. 2d 1030, 2000 Miss. App. LEXIS 527 (Miss. Ct. App. 2000).

The procedures surrounding a school principal’s termination were not “tainted,” and no violation of his due process rights occurred, even though it could have been inferred from a witness’ reluctance to make a statement and from her affidavit that she felt compelled to testify or lose her job, since such “evidence” of coercion was insufficient to overcome the “presumption of honesty and integrity” in the school board members who served as adjudicators and conducted the dismissal hearing. Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898, 1995 Miss. LEXIS 269 (Miss. 1995).

A chancellor erred in finding that a hearing officer should have recused himself, even though the hearing officer was retained to serve in this capacity by the law firm which represented the school board in the proceedings, where he stated that he had acted as a hearing officer at the request of the law firm on 4 or 5 other occasions when the firm represented a school board and that he could be fair and impartial in making a decision in the case, and there was no evidence that he had any personal or financial interest in the outcome of the case, or that he had any feelings of personal animosity toward the terminated school district employee. Byrd v. Greene County Sch. Dist., 633 So. 2d 1018, 1994 Miss. LEXIS 58 (Miss. 1994).

Only those persons who, out of personal animosity, or personal or financial stake in the decision, are shown of such bias that the presumption of honesty and integrity of school board members is overcome, shall be disqualified from service on a hearing board based on due process considerations. Hoffman v. Board of Trustees, East Mississippi Junior College, 567 So. 2d 838, 1990 Miss. LEXIS 551 (Miss. 1990).

The fact that an attorney for a school’s board of trustees participates in a dismissal hearing, advises the board and generally runs the hearing affords the employee no grounds for complaint unless it can be shown that in fact the attorney corrupted or otherwise destroyed the impartiality of the process. Hoffman v. Board of Trustees, East Mississippi Junior College, 567 So. 2d 838, 1990 Miss. LEXIS 551 (Miss. 1990).

Teacher’s constitutional right to due process was not violated by school board despite claim that he was denied fair and impartial hearing because school board had already determined to dismiss him when it informed him of his right to public hearing, and because even though board conducted hearing through hearing officer, the ultimate decision rested with board. First, teacher had made no complaint at time of hearing about possibility of impartiality of school board, and such failure waived point. Second, where board acts both investigatively and adjudicatively, court establishes presumption of honesty and integrity in those serving as adjudicators, and in order to rebut presumption, teacher must show that board members had personal or financial stake in decision, or that there was some personal animosity toward teacher. Finally, showing that board was involved in events preceding termination is not enough, absent showing of either personal animosity, personal stake, or financial stake in decision, to overcome presumption of honesty and integrity of board members. Spradlin v. Board of Trustees, 515 So. 2d 893, 1987 Miss. LEXIS 2871 (Miss. 1987).

Where the individual members of the school board had already decided not to reemploy teacher at the time she received school superintendent’s letter advising her of her right to a public hearing, she could not have been afforded an impartial forum in which to present her case. Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

Removal of a teacher from her position was a violation of her right to due process where the action was taken without first giving her copies of the written charges against her, or informing her of the identities of those who had preferred the charges, or affording her an opportunity to appear before the board of trustees when it considered the charges; advising the teacher after her removal of her right to a hearing failed to comply with the provisions of §37-9-59 and §37-9-111(4). Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

Under the mandatory requirement that a school board notify an employee of its decision within seven days after the completion of a hearing, a school board was without power to rescind an order reemploying a principal more than seven days following the date of the hearing; although the superintendent had the exclusive right to recommend a principal for employment, this right was subject to the power of the school board to conduct a hearing when a principal was not recommended and to order his reemployment; however, the burden of going forward rested with the employee. Lamar County School Board v. Saul, 359 So. 2d 350, 1978 Miss. LEXIS 2260 (Miss. 1978).

Where a school board was not authorized to reemploy a school librarian without the recommendation of the school principal and where the principal declined to recommend the librarian for reemployment, the librarian was not denied due process in her hearing before the board despite the librarian’s contention that the board was not an impartial tribunal since it both declined to renew her contract and reviewed her case. Dampier v. Lawrence County School Dist., 344 So. 2d 130, 1977 Miss. LEXIS 2422 (Miss. 1977).

4. Procedural rights at hearing.

In a dispute regarding the nonrenewal of an employment contract for a teacher/coach, due process rights under the Fourteenth Amendment were not violated by the conduct of a hearing officer; the arguments based on selective citations to testimony, ill-founded legal conclusions, and the assertion that the hearing officer became an expert witness were simply untenable. Smith v. Petal Sch. Dist., 956 So. 2d 273, 2006 Miss. App. LEXIS 672 (Miss. Ct. App. 2006), cert. denied, 957 So. 2d 1004, 2007 Miss. LEXIS 289 (Miss. 2007).

Hearsay evidence alone, though admissible, is insufficient to support a nonrenewal decision, and a board’s findings of facts must not be based solely on hearsay evidence. Doty v. Tupelo Pub. Sch. Dist., 751 So. 2d 1212, 1999 Miss. App. LEXIS 675 (Miss. Ct. App. 1999).

The procedures followed at an administrative hearing before 3 members of the school board on a teacher’s 6-month suspension violated the teacher’s right to due process where, during a break in the formal proceedings, the 3 school board members told the teacher that they intended to reject suspension in favor of a formal reprimand, the teacher claimed to have relied on this information and rested her case prematurely, and the board ultimately reached a decision to suspend the teacher; although the teacher was afforded an opportunity to be heard, the school board, by its own actions, prevented her from taking full advantage of her right to present evidence in her favor by leading her to believe that there was no need to present additional evidence. Bowman v. Ferrell, 627 So. 2d 335, 1993 Miss. LEXIS 511 (Miss. 1993).

Where a suspended teacher’s procedural due process rights had been violated at her hearing before the school board, the chancery court erred in ordering the teacher’s reinstatement rather than a rehearing as required by §37-9-113(4). Bowman v. Ferrell, 627 So. 2d 335, 1993 Miss. LEXIS 511 (Miss. 1993).

A school board did not improperly base its decision not to rehire a learning disability teacher based solely on hearsay testimony in violation of §37-9-111(5) where witnesses with personal knowledge of a projected decrease in enrollment in the learning disability program testified. Stone County School Bd. v. McMaster, 573 So. 2d 753, 1990 Miss. LEXIS 855 (Miss. 1990).

School board failed to comply with statute in relation to hearing where employees were not given opportunity to present witnesses on own behalf, nor to cross-examine witnesses against them, nor presented specific instances to cover general complaints against them, nor provided with source of information concerning allegations against them. De Soto County School Bd. v. Garrett, 508 So. 2d 1091, 1987 Miss. LEXIS 2546 (Miss. 1987).

A school board did not render its decision solely on the basis of hearsay testimony in violation of §37-9-111, where although some of a superintendent’s testimony was clearly hearsay his own personal opinion as to the teacher’s teaching experience and other qualifications was not hearsay. Tanner v. Hazlehurst Municipal Separate School Dist., 427 So. 2d 977, 1983 Miss. LEXIS 2503 (Miss. 1983).

School Employment Procedures Act (§§37-9-101 through37-9-113) requires the board to notify the employee of the reasons for its decision, and also if the matter is heard by a hearing officer to nevertheless afford the employee an opportunity to appear before the board and present a statement in her own behalf, in person or by an attorney, prior to a final decision by the board. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

5. Burden of proof.

Substantial evidence supported a school district’s conservator’s decision to terminate a superintendent because the evidence showed the superintendent violated district policy and state law by obtaining vehicles without required competitive bids or approval of the district’s board of trustees and did not properly supervise an employee who acquired the vehicles. Leigh v. Aberdeen Sch. Dist., 207 So.3d 1276, 2016 Miss. App. LEXIS 307 (Miss. Ct. App. 2016), writ denied, 207 So.3d 1240, 2017 Miss. LEXIS 22 (Miss. 2017).

The enactment of the School Employment Procedures Law granted to teachers the limited right to notice and an opportunity to be heard by the school board prior to being terminated, but did not create a system of tenure; at such a hearing the burden of proof is upon the employee to prove affirmatively and conclusively that the reasons for termination relied upon by the school board had no basis in fact. Calhoun County Board of Education v. Hamblin, 360 So. 2d 1236, 1978 Miss. LEXIS 2340 (Miss. 1978), but see Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

Under the mandatory requirement that a school board notify an employee of its decision within seven days after the completion of a hearing, a school board was without power to rescind an order reemploying a principal more than seven days following the date of the hearing; although the superintendent had the exclusive right to recommend a principal for employment, this right was subject to the power of the school board to conduct a hearing when a principal was not recommended and to order his reemployment; however, the burden of going forward rested with the employee. Lamar County School Board v. Saul, 359 So. 2d 350, 1978 Miss. LEXIS 2260 (Miss. 1978).

6. Decision following hearing.

School district’s conservator did not fail to comply with an order to hold a hearing under Miss. Code Ann. §37-9-111 regarding a superintendent’s termination based on a failure to timely deliver a decision because (1) a declaration of a state of emergency in the district suspended statutory notice requirements, (2) the order did not require a new hearing, and (3) nothing suggested the conservator’s final report was deficient or that a new hearing would yield new evidence. Leigh v. Aberdeen Sch. Dist., 207 So.3d 1276, 2016 Miss. App. LEXIS 307 (Miss. Ct. App. 2016), writ denied, 207 So.3d 1240, 2017 Miss. LEXIS 22 (Miss. 2017).

Chancery court properly upheld a school board’s decision to not renew a teacher’s contract for the 2004-05 school year where there was no merit to the teacher’s claim that the hearing officer erred in failing to render a decision concerning the nonrenewal of his contract; the teacher was mistaken in his interpretation of Miss. Code Ann. §37-9-111(5). In her report, the hearing officer explicitly stated that the report was not offered as an opinion as to whether the decision to not renew the teacher’s contract was a proper employment decision, but was offered as a summary of the testimony. Gordon v. Lafayette County Sch. Dist., 923 So. 2d 260, 2006 Miss. App. LEXIS 145 (Miss. Ct. App. 2006).

The evidence was sufficient to support a school superintendent’s termination of a school principal on the ground that he had assaulted and threatened a teacher, even though the principal and the teacher gave conflicting testimony regarding the alleged incidents, where the evidence that the principal had assaulted the teacher on one occasion and threatened her on another was “substantial”-i.e., more than a mere scintilla and providing reasonable inferences therefrom. Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898, 1995 Miss. LEXIS 269 (Miss. 1995).

At the conclusion of a hearing of school employee’s dismissal, the school board must notify the employee in writing of its final decision and reasons therefor, and then appeals may be taken in accordance with Mississippi Code §37-9-113 with respect to judicial review. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

Under the mandatory requirement that a school board notify an employee of its decision within seven days after the completion of a hearing, a school board was without power to rescind an order reemploying a principal more than seven days following the date of the hearing; although the superintendent had the exclusive right to recommend a principal for employment, this right was subject to the power of the school board to conduct a hearing when a principal was not recommended and to order his reemployment; however, the burden of going forward rested with the employee. Lamar County School Board v. Saul, 359 So. 2d 350, 1978 Miss. LEXIS 2260 (Miss. 1978).

7. Miscellaneous.

Since a teacher only filed complaints for original actions, and since the chancery court possessed only appellate jurisdiction, then the chancery court lacked subject-matter jurisdiction; the teacher failed to file her appeal of the school board’s decision in chancery court in accordance with statutory requirements. Lacour v. Claiborne County Sch. Dist., 119 So.3d 1128, 2013 Miss. App. LEXIS 481 (Miss. Ct. App. 2013).

Former school principal’s Title VII of the Civil Rights Act, 42 U.S.C.S. § 2000e et seq., race discrimination claims, which the principal did not raise during his discharge proceedings and appeal were not barred by res judicata; although the chancery court could consider under Miss. Code. Ann. §37-9-113 whether the principal’s rights had been violated, the chancery court was limited to the record that was made before the board, and the principal could not have been expected to raise before the board his claim that the board was motivated by discriminatory animus when it upheld the principal’s discharge. Floyd v. Amite County Sch. Dist., 495 F. Supp. 2d 619, 2007 U.S. Dist. LEXIS 49126 (S.D. Miss. 2007).

Former school principal’s Title VII of the Civil Rights Act, 42 U.S.C.S. § 2000e et seq., race discrimination claims, which the principal did not raise during his discharge proceedings and appeal were not barred by collateral estoppel because the race discrimination claims were not raised in the discharge proceedings, and although a court of appeals found that the school superintendent and board of education had three legitimate reasons for discharging the principal, the principal could attempt to show that those reasons were pretextual. Floyd v. Amite County Sch. Dist., 495 F. Supp. 2d 619, 2007 U.S. Dist. LEXIS 49126 (S.D. Miss. 2007).

In a case involving the dismissal of a superintendent, the superintendent was unable to overcome the presumption of honesty and integrity normally given to school boards by the hearsay evidence that the superintendent presented because this alone was not a proper basis for a finding of fact. Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., 969 So. 2d 83, 2007 Miss. App. LEXIS 253 (Miss. Ct. App.), cert. denied, 968 So. 2d 948, 2007 Miss. LEXIS 657 (Miss. 2007).

School boards are vested with the discretion and flexibility to reject the grounds for non-renewal offered by a superintendent while simultaneously determining that other grounds for non-renewal are established in the record; thus, a school principal was not “entitled” to renewal merely because the school board rejected the superintendent’s grounds for non-renewal. Gelenter v. Greenville Mun. Separate Sch. Dist., 644 So. 2d 263, 1994 Miss. LEXIS 462 (Miss. 1994).

A school board had the authority to offer a school principal, whose contract was not renewed by the district superintendent, a contract for a position other than principal; a school board may extend a different contract to an employee so long as it allows the employee notice and an opportunity for a hearing. Gelenter v. Greenville Mun. Separate Sch. Dist., 644 So. 2d 263, 1994 Miss. LEXIS 462 (Miss. 1994).

§ 37-9-113. Judicial review.

  1. Any employee aggrieved by a final decision of the school board is entitled to judicial review thereof, as hereinafter provided.
  2. An appeal may be taken by such employee to the chancery court of the judicial district in which the school district is located, by filing a petition with the clerk of that court and executing and filing bond payable to the school board with sufficient sureties, in the penalty of not less than Two Hundred Dollars ($200.00), conditioned upon the payment of all of the costs of appeal, within twenty (20) days of the receipt of the final decision of the board.
  3. The scope of review of the chancery court in such cases shall be limited to a review of the record made before the school board or hearing officer to determine if the action of the school board is unlawful for the reason that it was:
    1. Not supported by any substantial evidence;
    2. Arbitrary or capricious; or
    3. In violation of some statutory or constitutional right of the employee.
  4. No relief shall be granted based upon a court’s finding of harmless error by the board in complying with the procedural requirements of Sections 37-9-101 through 37-9-113. However, in the event that there is a finding of prejudicial error in the proceedings, the cause shall be remanded for a rehearing consistent with the findings of the court.
  5. Any party aggrieved by action of the chancery court may appeal to the Supreme Court in the manner provided by law.

HISTORY: Laws, 1974, ch. 577, § 7; Laws, 1977, ch. 489, § 5, eff from and after July 1, 1977.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 563, Dismissal of Teachers for Cause.

JUDICIAL DECISIONS

1. In general.

2. Scope of appeal; jurisdiction.

3. Burden of proof.

4. Remedies; costs.

5. Miscellaneous.

1. In general.

Dismissal of a superintendent under Miss. Code Ann. §37-9-59 was upheld under Miss. Code Ann. §37-9-113 because it was not arbitrary and capricious since the grounds cited showed that problems existed at all levels, the decision was supported by substantial evidence since he was aware of the problems without receiving written notice of such based on the topics discussed in frequent board meetings, and there was no personal stake or animosity against him by a school district’s board. Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., 969 So. 2d 83, 2007 Miss. App. LEXIS 253 (Miss. Ct. App.), cert. denied, 968 So. 2d 948, 2007 Miss. LEXIS 657 (Miss. 2007).

Substantial evidence supported the Lawrence County School Board’s decision not to renew the employee’s contract, Miss. Code Ann. §37-9-113, given the evidence that the employee had difficulties with the staff and trouble with the student records; the employee changed student schedules without approval and reluctantly handled emergency situations. Bowden v. Lawrence County Sch. Dist., 948 So. 2d 487, 2007 Miss. App. LEXIS 48 (Miss. Ct. App. 2007).

Under Miss. Code Ann. §37-9-113, termination of the school superintendent was proper as there was substantial evidence presented at the hearing to support her termination; a board member did not have to recuse herself from proceedings where she stated she could be fair and impartial; board members did not conduct illegal prior public meeting. Howze-Campbell v. Mound Bayou Sch. Dist., 914 So. 2d 1284, 2005 Miss. App. LEXIS 905 (Miss. Ct. App. 2005).

Appeals of state board and agency decisions under Miss. Code Ann. §37-9-113 generally fell under the constitutional purview of “matters in equity;” review of board and agency decisions (and, in particular, school board decisions) fell under the scope of those matters in equity which Miss. Const. Art. 6, § 159 permitted chancery courts to hear; the chancellor erred in concluding otherwise. Lawrence County Sch. Dist. v. Bowden, 912 So. 2d 898, 2005 Miss. LEXIS 173 (Miss. 2005).

School board sidestepped statutory rules in failing to properly notify the teacher of his right to a hearing; however, the teacher testified and admitted to the wrongdoing, he admitted that had he been given notice pursuant to statute, that his defense would not have been any different, and the appellate court’s reversal and remand to order a proper hearing in comport with statute would have had no different effect on the employee’s preparation of his defense. Aberdeen Mun. Sch. Dist. v. Blaylock, 864 So. 2d 955, 2003 Miss. App. LEXIS 668 (Miss. Ct. App. 2003), cert. denied, 864 So. 2d 282, 2004 Miss. LEXIS 64 (Miss. 2004).

In reviewing a school district’s decision not to renew an employee’s contract, the Supreme Court’s inquiry concerns whether the nonrenewal decision was (1) made for a reason not specifically prohibited by law, (2) made in accordance with the applicable procedural requirements, (3) supported by substantial evidence, and (4) arbitrary or capricious. Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898, 1995 Miss. LEXIS 269 (Miss. 1995).

At the conclusion of a hearing of school employee’s dismissal, the school board must notify the employee in writing of its final decision and reasons therefor, and then appeals may be taken in accordance with Mississippi Code §37-9-113 with respect to judicial review. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

Since board of education’s failure to comply with procedural requirements of §37-9-111 constituted harmless error, chancery court erred in directing teacher’s re-employment. Noxubee County Bd. of Education v. Overton, 483 So. 2d 301, 1985 Miss. LEXIS 2344 (Miss. 1985).

2. Scope of appeal; jurisdiction.

Dismissing a school superintendent’s Fourteenth Amendment due process claim contesting termination due to a failure to appeal pursuant to Miss. Code Ann. §37-9-113 erred because (1) the superintendent sufficiently alleged denial of a property interest in employment without a constitutionally required pre-termination hearing, and (2) any appeal would have only provided a constitutionally inadequate post-termination hearing. Greene v. Greenwood Pub. Sch. Dist., 890 F.3d 240, 2018 U.S. App. LEXIS 12510 (5th Cir. Miss. 2018).

Decision by a school district board of trustees not to renew a school principal’s employment contract was supported by substantial evidence and was not arbitrary and capricious because the board had a valid reason – the low academic performance of the principal’s school – not to renew the principal’s employment contract. Giles v. Shaw Sch. Dist., 203 So.3d 1165, 2016 Miss. App. LEXIS 736 (Miss. Ct. App. 2016).

Chancery court properly dismissed a high school principal’s appeal of his termination due to lack of jurisdiction because, while the principal’s notice of appeal or petition to appeal was filed timely, he failed to timely perfect his appeal by filing the statutorily required $200 bond, there were no extenuating circumstances that would warrant overlooking the principal’s failure to pay the bond, and the principal’s excuse was merely that he was not aware that a bond needed to be filed, despite the distinct and unambiguous statutory language requiring the bond payment. Lamberth v. S. Panola Sch. Dist., 186 So.3d 407, 2016 Miss. App. LEXIS 80 (Miss. Ct. App. 2016).

Substantial evidence supported a school board’s decision under Miss Code Ann. §37-9-113(3)(a)-(c) declining to renew a school principal’s employment. Although the chancellor’s judgment implied that she believed the principal’s allegation that his nonrenewal was retaliatory, the chancellor did not go so far as to find merit to the principal’s claim. Cleveland Sch. Dist. v. Fisher, 182 So.3d 459, 2015 Miss. App. LEXIS 146 (Miss. Ct. App. 2015), cert. denied, 181 So.3d 1010, 2016 Miss. LEXIS 24 (Miss. 2016).

Since a teacher only filed complaints for original actions, and since the chancery court possessed only appellate jurisdiction, then the chancery court lacked subject-matter jurisdiction; the teacher failed to file her appeal of the school board’s decision in chancery court in accordance with statutory requirements. Lacour v. Claiborne County Sch. Dist., 119 So.3d 1128, 2013 Miss. App. LEXIS 481 (Miss. Ct. App. 2013).

Chancery court properly concluded that a teacher’s claim for relief was barred by the statute of limitations; since the teacher failed to properly perfect in chancery court an appeal of the school district’s decision affirming her termination, and since she failed to obtain federal ancillary jurisdiction over her state-law claim, then no tolling of the statute of limitations occurred with respect to that state-law right of appeal. Lacour v. Claiborne County Sch. Dist., 119 So.3d 1128, 2013 Miss. App. LEXIS 481 (Miss. Ct. App. 2013).

Chancery court correctly determined that it lacked subject matter jurisdiction because the teacher failed to file her appeal of the school board’s decision affirming her termination in accordance with statutory requirements; failure to properly perfect the appeal barred the chancery court’s jurisdiction. Lacour v. Claiborne County Sch. Dist., 119 So.3d 1128, 2013 Miss. App. LEXIS 481 (Miss. Ct. App. 2013).

School board’s decision not to renew the employment contract of a former employee was appropriate because the decision was not arbitrary or capricious in that substantial evidence supported the board’s decision to eliminate the employee’s position as personnel director, and the plain language of the reduction in force policy provided no requirement to offer the employee some other administrative or instructional position. Carter v. Cleveland Sch. Dist., 118 So.3d 673, 2013 Miss. App. LEXIS 446 (Miss. Ct. App. 2013).

Chancery court did not err in granting a school board’s motion to dismiss a teacher’s appeal of the board’s decision to terminate her employment because the teacher failed to file a bond of $ 200 within twenty days of the receipt of the final decision of the board, as required under Miss. Code Ann. §37-9-113(2); the teacher’s failure to file a timely bond was jurisdictional and was fatal to her appeal. Breland v. Harrison County Sch. Bd., 96 So.3d 61, 2012 Miss. App. LEXIS 504 (Miss. Ct. App. 2012).

Chancery court did not err in granting a school board’s motion to dismiss a teacher’s appeal of the board’s decision to terminate her employment because the teacher’s failure to file her notice of appeal within twenty days of the receipt of the board’s decision in accordance with Miss. Code Ann. §37-9-113(2) deprived the chancery court of jurisdiction; section37-9-113(2) unambiguously required filing a petition within twenty days of the receipt of the final decision of the board. Breland v. Harrison County Sch. Bd., 96 So.3d 61, 2012 Miss. App. LEXIS 504 (Miss. Ct. App. 2012).

In a case in which a school district (District) appealed a decision by a chancery court finding that the school board’s (Board) decision not to uphold a superintendent’s recommendation to renew appellee employee’s contract was not supported by any substantial evidence and was arbitrary and capricious, the District argued that the chancellor failed to follow the proper standard of review under Miss. Code Ann. §37-9-113. The chancellor went beyond the record of the hearing officer since the only issue before the hearing officer and, subsequently, the chancellor, was whether the Board’s decision to refuse the renewal of a part-time contract, because they felt a full-time contract was beneficial, was arbitrary and capricious; the issue of whom would be hired for the full-time position, which did not exist, was irrelevant to that inquiry. Smith County Sch. Dist. v. Campbell, 18 So.3d 335, 2009 Miss. App. LEXIS 646 (Miss. Ct. App. 2009).

In a case in which a school district (District) appealed a decision by a chancery court finding that the school board’s decision not to uphold a superintendent’s recommendation to renew appellee employee’s contract was not supported by any substantial evidence and was arbitrary and capricious, the District argued that the chancellor failed to follow the proper standard of review under Miss. Code Ann. §37-9-113. The chancellor abused his discretion by taking judicial notice that school districts around the state had employees who retired and were rehired after 45 days on a half-time basis at half-time salary; while the chancellor might know that to be true and accurate, that fact was not generally known in the territorial jurisdiction of the trial court or capable of accurate determination by a source whose accuracy could not be questioned. Smith County Sch. Dist. v. Campbell, 18 So.3d 335, 2009 Miss. App. LEXIS 646 (Miss. Ct. App. 2009).

Former school principal’s Title VII of the Civil Rights Act, 42 U.S.C.S. § 2000e et seq., race discrimination claims, which the principal did not raise during his discharge proceedings and appeal were not barred by res judicata; although the chancery court could consider under Miss. Code. Ann. §37-9-113 whether the principal’s rights had been violated, the chancery court was limited to the record that was made before the board, and the principal could not have been expected to raise before the board his claim that the board was motivated by discriminatory animus when it upheld the principal’s discharge. Floyd v. Amite County Sch. Dist., 495 F. Supp. 2d 619, 2007 U.S. Dist. LEXIS 49126 (S.D. Miss. 2007).

Chancery court properly upheld a school board’s decision to not renew a teacher’s contract for the 2004-05 school year. The chancellor did not err in not making specific findings of fact pursuant to Miss. R. Civ. P. 52(a), since the board was the finder of fact, not the chancellor. Gordon v. Lafayette County Sch. Dist., 923 So. 2d 260, 2006 Miss. App. LEXIS 145 (Miss. Ct. App. 2006).

Discharge of principal was affirmed because the chancellor acted against the mandate of Miss. Code Ann. §37-9-113(3), and was in error in looking beyond the record before the school board in overturning the board’s decision. The board’s decision to discharge the principal was supported by substantial evidence–he had no authority to levy tobacco fines on students, and was unable to account for the money from the fines. Amite County Sch. Dist. v. Floyd, 935 So. 2d 1034, 2005 Miss. App. LEXIS 867 (Miss. Ct. App. 2005), cert. denied, 936 So. 2d 367, 2006 Miss. LEXIS 421 (Miss. 2006).

The terms “cause,” as used in §37-9-101, and “reason,” as used in §37-9-109, are not interchangeable; thus, under this section, a reviewing court may not assess whether the basis for nonrenewal rose to the level of “cause,” but may examine the question of whether facts exist to substantiate the reason offered by the school system. Buck v. Lowndes County Sch. Dist., 1999 Miss. App. LEXIS 270 (Miss. Ct. App. May 4, 1999), rev'd, 761 So. 2d 144, 2000 Miss. LEXIS 32 (Miss. 2000).

In an original proceeding by a school teacher for reinstatement following her dismissal, the chancery court erred in failing to sustain the defendants’ demurrer where, although there may have been some procedural defects on the part of the school board in the removal of the teacher, there had been a substantial and a manifestly good faith attempt by the superintendent and the school board to comply with the law and the teacher was limited to seeking review of the decision by appeal under §37-9-113; the chancellor was without jurisdiction to entertain an original proceeding challenging the decision of the school board. Cox v. Thomas, 403 So. 2d 135, 1981 Miss. LEXIS 2162 (Miss. 1981).

Requirement that chancery court grant de novo review of determinations of school board violated Mississippi constitutional separation of powers; the proper scope of appeal of an administrative decision is limited to finding whether it was supported by substantial evidence, was arbitrary or capricious, was within the power of the administrative agency, or violated a statutory or constitutional right of the complaining party. Henderson v. Stevison, 326 So. 2d 799, 1976 Miss. LEXIS 1762 (Miss. 1976).

3. Burden of proof.

The burden rests with the employees/teachers to present affirmative evidence that a board’s decision not to renew their contracts was without factual basis; it is insufficient for the teachers to claim simply that the allegations against them are untrue. Buck v. Lowndes County Sch. Dist., 761 So. 2d 144, 2000 Miss. LEXIS 32 (Miss. 2000).

At a hearing before the school board, the superintendent bears the burden to prove by a preponderance of the evidence adequate grounds for dismissal of a school employee. Merchant v. Board of Trustees, 492 So. 2d 959, 1986 Miss. LEXIS 2526 (Miss. 1986).

4. Remedies; costs.

Where a suspended teacher’s procedural due process rights had been violated at her hearing before the school board, the chancery court erred in ordering the teacher’s reinstatement rather than a rehearing as required by §37-9-113(4). Bowman v. Ferrell, 627 So. 2d 335, 1993 Miss. LEXIS 511 (Miss. 1993).

Municipal separate school district is agency exempted by §11-51-101 from giving appeal bond; accordingly, cost of appeal bond posted by school board in appeal by board from decision of Chancery Court reversing board decision made under §37-9-111 may not be assessed as court costs. Board of Trustees v. Gates, 467 So. 2d 216, 1985 Miss. LEXIS 1987 (Miss. 1985).

Fees which may be assessed as court costs for preparation of transcript of nonremployment held pursuant to §37-9-111 upon judicial appeal of school board’s decision on hearing must be same whether charged by official court reports or freelance reporters; accordingly, even though board has prepaid statement submitted by freelance reporter, proper charge to litigation is that set in §9-13-33[Repealed]. Board of Trustees v. Gates, 467 So. 2d 216, 1985 Miss. LEXIS 1987 (Miss. 1985).

Entire expense of transcript and notes to be assessed as court costs in event of judicial appeal of board’s decision is expense otherwise provided by statute, and does not include cost paid by board in excess of amount provided by statute. Board of Trustees v. Gates, 467 So. 2d 216, 1985 Miss. LEXIS 1987 (Miss. 1985).

5. Miscellaneous.

Former school principal’s Title VII of the Civil Rights Act, 42 U.S.C.S. § 2000e et seq., race discrimination claims, which the principal did not raise during his discharge proceedings and appeal were not barred by collateral estoppel because the race discrimination claims were not raised in the discharge proceedings, and although a court of appeals found that the school superintendent and board of education had three legitimate reasons for discharging the principal, the principal could attempt to show that those reasons were pretextual. Floyd v. Amite County Sch. Dist., 495 F. Supp. 2d 619, 2007 U.S. Dist. LEXIS 49126 (S.D. Miss. 2007).

Decision from a school district’s board of trustees not to renew an employment contract was not arbitrary or capricious because an employment contract and rider referred to the single position of teacher/coach; therefore, the failure to attend workouts in the summer months constituted a sufficient basis for nonrenewal. Smith v. Petal Sch. Dist., 956 So. 2d 273, 2006 Miss. App. LEXIS 672 (Miss. Ct. App. 2006), cert. denied, 957 So. 2d 1004, 2007 Miss. LEXIS 289 (Miss. 2007).

Any defect in timeliness of notice of nonrenewal of principal’s contract due to service of notice on principal on March 1 rather than on February 22 date on which principal argued notice should have been served, was harmless; because statutory language was ambiguous, school board could have reached a good faith, plausible conclusion that notification by March 1 complied with statutory procedural requirements and time span between February 22 and March 1 was less than one week. Ford v. Holly Springs Sch. Dist., 665 So. 2d 840, 1995 Miss. LEXIS 452 (Miss. 1995).

The evidence was sufficient to support a school superintendent’s termination of a school principal on the ground that he had assaulted and threatened a teacher, even though the principal and the teacher gave conflicting testimony regarding the alleged incidents, where the evidence that the principal had assaulted the teacher on one occasion and threatened her on another was “substantial”-i.e., more than a mere scintilla and providing reasonable inferences therefrom. Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898, 1995 Miss. LEXIS 269 (Miss. 1995).

A school principal who was reassigned as an assistant principal at the same certification level and annual pay was entitled to an appeal under §37-9-113. Gelenter v. Greenville Mun. Separate Sch. Dist., 644 So. 2d 263, 1994 Miss. LEXIS 462 (Miss. 1994).

The procedures followed at an administrative hearing before 3 members of the school board on a teacher’s 6-month suspension violated the teacher’s right to due process where, during a break in the formal proceedings, the 3 school board members told the teacher that they intended to reject suspension in favor of a formal reprimand, the teacher claimed to have relied on this information and rested her case prematurely, and the board ultimately reached a decision to suspend the teacher; although the teacher was afforded an opportunity to be heard, the school board, by its own actions, prevented her from taking full advantage of her right to present evidence in her favor by leading her to believe that there was no need to present additional evidence. Bowman v. Ferrell, 627 So. 2d 335, 1993 Miss. LEXIS 511 (Miss. 1993).

Upon a finding, supported by evidence, that the real reason for a county school board’s failure to rehire a high school teacher and guidance counselor was due to the employee’s constitutionally protected political activities, and not due to any need to reduce counseling staff, which was the reason advanced by the school board for the non-hire, the teacher was entitled to be rehired with backpay. Claiborne County Bd. of Education v. Martin, 500 So. 2d 981, 1986 Miss. LEXIS 2882 (Miss. 1986).

Teacher who reports to work at wrong school as result of administrative problems resulting in teacher not being assigned any duties is not being insubordinate or neglecting duty and decision of school board terminating employment on grounds of insubordination and neglect of duty will be overturned on appeal as arbitrary and capricious. Noxubee County Bd. of Education v. Givens, 481 So. 2d 816, 1985 Miss. LEXIS 2319 (Miss. 1985).

Presence of uncorroborated hearsay evidence in support of school board’s determination to discharge teacher is not sufficient to avoid judicial determination that school board’s ruling was arbitrary or capricious where testimony of eyewitnesses provide no corroboration of hearsay testimony on points that might arguably be said to justify termination. Noxubee County Bd. of Education v. Givens, 481 So. 2d 816, 1985 Miss. LEXIS 2319 (Miss. 1985).

The removal of a classroom teacher, who had been appointed by the school district for 9 consecutive years, without prior notice and hearing, violates the Due Process provision of the Fourteenth Amendment to the Constitution of the United States, since the teacher clearly has a property interest in her employment. Cantrell v. Vickers, 495 F. Supp. 195, 1980 U.S. Dist. LEXIS 12914 (N.D. Miss. 1980).

Group Health, Hospitalization and Major Medical Insurance for Full-Time Certificated and Non-Certificated Personnel

§§ 37-9-151 and 37-9-153. Repealed.

Repealed by § 11, Chapter 511, Laws of 1999.

37-9-151 [Laws, 1988, ch. 487, § 9; Laws, 1999, ch. 511, § 11.]

37-9-153 [Laws, 1988, ch. 487, § 10; Laws, 1999, ch. 511, § 11.]

Editor’s Notes —

Former §37-9-151 provided definitions for terms used in §§37-9-151 through37-9-157.

Former §37-9-153 authorized the design of a plan of group health, hospitalization and major medical insurance for all full-time school district personal.

§§ 37-9-155 and 37-9-157. Repealed.

Repealed by Laws, 1988, ch. 487, §§ 11 (5) and 12 (5), effective from and after June 30, 1989.

§37-9-155. [Laws, 1988, ch. 487, § 11]

§37-9-157. [Laws, 1988, ch. 487, § 12]

Editor’s Notes —

Former §37-9-155 authorized the State Fiscal Management Board to execute a contract to provide benefits for group health, hospitalization and major medical insurance for full-time certificated and non-certificated personnel.

Former §37-9-157 contained provisions for participation in a group health, hospitalization and major medical insurance plan for full-time certificated and non-certificated personnel.

Beginning Teacher Support Program

§ 37-9-201. Definitions.

As used in Sections 37-9-201 through 37-9-213:

“Beginning teacher” means a teacher who:

Possesses a teaching license issued by the Commission on Teacher and Administrator Education, Certification and Licensure and Development;

Is employed at least half time, primarily as a classroom teacher, by a school district; and

Has taught fewer than ninety (90) consecutive days, or one hundred eighty (180) days total, as a licensed teacher in any public school.

“District” means any local school district.

“Formal assistance” means a program provided by a mentor teacher to a beginning teacher that includes, but is not limited to, direct classroom observation and consultation; assistance in instructional planning and preparation; support in implementation and delivery of classroom instruction; and other assistance intended to enhance the professional performance and development of the beginning teacher.

“Mentor teacher” means a teacher who:

Possesses a standard teaching personnel service or administrative license issued by the Commission on Teacher and Administrator Education, Certification and Licensure and Development;

At the time of selection, is employed under contract primarily as a classroom teacher by a public school district or is retired from a public school district;

Has successfully taught for three (3) or more years as a licensed teacher in any public school;

Has been selected and trained as described in Section 37-9-211; and

Has demonstrated mastery of teaching skills and subject matter knowledge.

“Teacher” means a licensed employee of a local school district who has direct responsibility for instruction, coordination of educational programs or supervision of teachers and who is compensated for services from public funds.

HISTORY: Laws, 1991, ch. 502, § 3; Laws, 1997, ch. 545, § 23; Laws, 1999, ch. 430, § 1, eff from and after July 1, 1999.

Amendment Notes —

The 1999 amendment rewrote (d)(ii).

Cross References —

Commission on teacher and administrator education, certification and licensure and development, see §37-3-2.

§ 37-9-203. Legislative findings.

The Legislature finds that:

The quality of teaching in the public schools is of vital importance to the future of this state;

This state has a special interest in insuring that the induction of beginning teachers into their profession is conducive to their professional growth and development; and

The formal assignment of mentor teachers who have demonstrated mastery of teaching skills and subject matter knowledge should substantially improve the induction and professional growth of beginning teachers in this state, as well as provide mentor teachers with additional and valuable opportunities to enhance their own professional growth.

HISTORY: Laws, 1991, ch. 502, § 4, eff from and after July 1, 1991.

Cross References —

Selection, nature and extent of duties of mentor teachers, see §37-9-211.

§ 37-9-205. Establishment of beginning teacher support program.

  1. The Mississippi Teacher Center of the State Department of Education shall establish a beginning teacher support program to provide eligible beginning teachers in this state with continued and sustained support from a formally assigned mentor teacher during the first full year of teaching.
  2. After the 1992-1993 school year, any district is eligible to participate in the beginning teacher support program.
  3. Two (2) or more districts may operate jointly a beginning teacher support program if they meet all the requirements of Sections 37-9-201 through 37-9-213.
  4. Educational consortia established for approved teacher education programs pursuant to rules of the Mississippi Teacher Center are eligible to operate a beginning teacher support program to serve beginning teachers in a participating school district.
  5. To the extent practicable, school districts may coordinate with institutions of higher education in the design, implementation and evaluation of mentorship programs.

HISTORY: Laws, 1991, ch. 502, § 5; Laws, 1995, ch. 427, § 1, eff from and after July 1, 1995.

Cross References —

Mississippi Teacher Center, see §§37-149-1 et seq.

§ 37-9-207. Application by school district to participate in program.

Each district that wishes to participate in the beginning teacher support program shall submit a formal application to the Mississippi Teacher Center no later than September 15 of each school year, according to rules of the Mississippi Teacher Center. By that date, districts shall inform the department of:

The names of all eligible beginning teachers employed by the district and a description of their teaching assignments and extracurricular duties;

The names of mentor teachers selected by a district and a description of their teaching assignments and the endorsement area in which they are certified to teach;

A description of the content and calendar of the proposed beginning teacher support program. The program must provide a minimum of ninety (90) hours of direct contact between mentor teachers and beginning teachers, including observation of or assistance with classroom teaching, or both, during the school day;

A description of the amount and nature of each eligible beginning teacher’s classroom and extracurricular duties and assurance that these duties are not unreasonable for a beginning teacher; and

A certification that no eligible beginning teacher is or may be misassigned outside the teacher’s endorsement area, except as provided for by rules of the Mississippi Teacher Center.

HISTORY: Laws, 1991, ch. 502, § 6; Laws, 1995, ch. 427, § 2, eff from and after July 1, 1995.

Cross References —

Selection, nature and extent of duties of mentor teachers, see §37-9-211.

Mississippi Teacher Center, see §§37-149-1 et seq.

§ 37-9-209. Workshops to provide training for mentor teachers and beginning teachers.

After consulting with representatives of teachers, administrators, school boards, schools of education, the institutions of higher learning and such others as it considers appropriate, the Mississippi Teacher Center shall develop or approve workshops to provide training for mentor teachers and beginning teachers.

HISTORY: Laws, 1991, ch. 502, § 7; Laws, 1995, ch. 427, § 3, eff from and after July 1, 1995.

Cross References —

Selection, nature and extent of duties of mentor teachers, see §37-9-211.

Mississippi Teacher Center, see §§37-149-1 et seq.

§ 37-9-211. Selection, nature and extent of duties of mentor teachers.

  1. The selection, nature and extent of duties of mentor teachers shall be determined by the school district. The following guidelines shall apply:
    1. No teacher shall be designated as a mentor teacher unless willing to perform in that role;
    2. No mentor teacher shall participate in the evaluation of beginning teachers;
    3. Each mentor teacher shall complete successfully a training workshop provided or approved by the Mississippi Teacher Center prior to participating in the beginning teacher support program; and
    4. If a mentor teacher receives additional release time to support a beginning teacher, it is expected that the total workload of other teachers regularly employed by the school district should not increase in any substantial manner.
  2. A district may: (a) compensate mentor teachers from any available funds for additional duties to support a beginning teacher which are performed after regular school hours; (b) grant additional release time to mentor teachers for additional duties to support a beginning teacher which are performed after regular school hours; and (c) employ and compensate substitute teachers from any available funds for assuming the regular teaching duties of mentor teachers who are participating in the beginning teacher program.

HISTORY: Laws, 1991, ch. 502, § 8; Laws, 1995, ch. 427, § 4; Laws, 1999, ch. 430, § 2, eff from and after July 1, 1999.

Amendment Notes —

The 1999 amendment added (2).

Cross References —

Workshops to provide training for mentor teachers and beginning teachers, see §37-9-209.

Mississippi Teacher Center, see §§37-149-1 et seq.

§ 37-9-213. Powers and duties of Mississippi Teacher Center.

The Mississippi Teacher Center shall be responsible for the regular and ongoing evaluation of the beginning teacher support program and may contract for such evaluation. The evaluation shall include, but not be limited to, assessments of the following:

A survey and follow-up of all eligible mentor teachers and beginning teachers and appropriate district officials, to assess satisfaction with and the effectiveness of the beginning teacher support program;

The amount and quality of the contact time between mentor teachers and beginning teachers;

The effectiveness of workshops and other training required under Sections 37-9-201 through 37-9-211;

The effectiveness of the mentor program in enhancing the professional development and retention of new teachers in the district;

The desirability of extending this assistance program to students participating in graduate level teacher preparation programs similar to those which have been proposed by the Board of Trustees of State Institutions of Higher Learning; and

The desirability of extending this assistance program to all probationary teachers.

HISTORY: Laws, 1991, ch. 502, § 9; Laws, 1995, ch. 427, § 5, eff from and after July 1, 1995.

Cross References —

Workshops to provide training for mentor teachers and beginning teachers, see §37-9-209.

Selection, nature and extent of duties of mentor teachers, see §37-9-211.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Beginning Principal Support Pilot Program

§ 37-9-251. Definitions; establishment under School Executive Management Institute; participation in program; mentoring program workshops; selection and duties of mentor principals.

  1. The following words and phrases shall have the meanings ascribed in this subsection unless the context clearly indicates otherwise:
    1. “Beginning principal” means a principal who:
      1. Possesses an administrator’s license issued by the Commission on Teacher and Administrator Education, Certification and Licensure and Development;
      2. Is employed as a principal by a public school district; and
      3. Has served fewer than ninety (90) consecutive days, or one hundred eighty (180) days total, as a licensed principal in any public school.
    2. “Formal assistance” means a program provided by a mentor principal to a beginning principal which includes, but is not limited to: direct administrative observation and consultation; assistance in administrative planning and preparation; support in implementation and delivery of principal administrative responsibilities; and support in the administrative functions of school leadership, student psychology, student health, student drug abuse, human relations, multicultural and multiethnic relations, crisis management and other assistance intended to enhance the professional performance and development of the beginning principal.
    3. “Mentor principal” means a principal who:
      1. Possesses a standard administrative license issued by the Commission on Teacher and Administrator Education, Certification and Licensure and Development;
      2. At the time of selection, is employed under contract primarily as a principal by a public school district or is retired from a public school district;
      3. Has successfully served for three (3) or more years as a licensed principal in any public school; and
      4. Has demonstrated mastery of administrative skills and subject matter knowledge and has been selected and trained as described in this section.
  2. The School Executive Management Institute of the State Department of Education shall establish a Beginning Principal Support Pilot Program to provide eligible beginning principals in this state with continued and sustained support from a formally assigned mentor principal during the first full year of principal service.
  3. The State Board of Education shall select one (1) school district in each of the five (5) Mississippi congressional districts, pursuant to the application process provided for in this section, to participate in the Beginning Principal Support Pilot Program. Two (2) or more districts may operate jointly a Beginning Principal Support Pilot Program if the districts meet all the requirements of this section. School districts may coordinate with institutions of higher learning in the design, implementation and evaluation of mentorship programs. Private educational consortia established for approved principal education programs are eligible to operate a Beginning Principal Support Pilot Program to serve beginning principals in a participating school district.
  4. Each district that wishes to participate in the Beginning Principal Support Pilot Program shall submit a formal application to the School Executive Management Institute according to rules of the institute. Along with an application, districts shall provide the institute with the following information:
    1. The names of all eligible beginning principals employed by the district and a description of their administrative duties;
    2. The names of mentor principals selected by a district and a description of their administrative assignments and endorsements;
    3. A description of the content and calendar of the proposed Beginning Principal Support Pilot Program. The program shall provide a minimum of ninety (90) hours of direct contact between mentor principals and beginning principals, including observation or assistance with administrative duties, or both, during the school day; and
    4. A description of the amount and nature of each eligible beginning principal’s administrative duties.
  5. After consulting with representatives of administrators, school boards, schools of education of the institutions of higher learning and such others as it considers appropriate, the School Executive Management Institute shall develop or approve workshops to provide training for mentor principals and beginning principals.
  6. The selection, nature and extent of duties of mentor principals shall be determined by the school district, subject to the following:
    1. No principal shall be designated as a mentor principal unless willing to perform in that role;
    2. Each mentor principal shall complete successfully a training workshop provided or approved by the School Executive Management Institute in the Beginning Principal Support Pilot Program; and
    3. Participating school districts shall be fully authorized to compensate mentor principals, grant release time for mentor principals and employ and compensate substitute administrators for additional duties performed under the Beginning Principal Support Pilot Program which are in addition to regular school day responsibilities.
  7. The School Executive Management Institute shall be responsible for the regular and ongoing evaluation of the Beginning Principal Support Pilot Program and may contract for such evaluation. The institute shall report to the State Board of Education and the Legislature in the 2003 Regular Session on the desirability of extending this assistance program statewide.

HISTORY: Laws, 1999, ch. 359, § 1; Laws, 2000, ch. 346, § 1, eff from and after passage (approved Apr. 16, 2000.).

Amendment Notes —

The 2000 amendment substituted “subsection” for “section” in (1); deleted “before May 1 of each school year” following “School Executive Management Institute” and substituted “Along with an application, districts shall provide the institute with the following information” for “By that date, districts shall inform the institute of the following” in (4); and substituted “mentor principals” for “principal mentors ” twice and “Beginning Principal Support Pilot Program” for “Beginning Principal Mentorship Program” once in (6)(c).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Commission on teacher and administrator education, certification and licensure and development, see §37-3-2.

School Executive Management Institute, see §37-3-4.

Beginning principal support pilot program, see §37-9-251.

Chapter 11. General Provisions Pertaining to Education

§ 37-11-1. Assignment of pupil to class where presence of pupil would have adverse effect on class; request by parent or guardian to place twins or other multiples in same or separate classrooms.

  1. Subject to the provisions of subsection (2) of this section, after a pupil has been assigned to a particular public school in a school district, the principal, or anyone else vested with the authority of assigning pupils to classes, knowingly shall not place such pupil in a class where the pupil’s presence would serve to adversely affect, hinder, or retard the academic development of the other pupils in the class.
    1. A parent or guardian of twins or higher order multiples, as defined in paragraph (d) of this subsection, may request that the children be placed in the same classroom or in separate classrooms if the children are in the same grade level at the same school in the school district. The school may recommend classroom placement and provide professional education advice to the parent or guardian to assist the parent or guardian in making the best decision for the children’s education. A school must provide the placement requested by the children’s parent or guardian unless: (i) the parent or guardian has requested that the children, who are different sexes, be placed in the same classroom and the students in the school have been assigned to different classrooms according to sex, as authorized under Section 37-11-3; or (ii) the school board of the school district makes a classroom placement determination following the school principal’s request according to this subsection.
    2. A parent or guardian making a request under this subsection must submit a written request for the classroom placement to the school principal no later than fourteen (14) calendar days after the first day of each school year or, if the children are enrolled in the school after the school year commences, no later than fourteen (14) calendar days after the children’s first day of attendance in the school.
    3. At the end of the initial grading period during which children have been in the same classroom or separate classrooms pursuant to their parent or guardian’s request under this subsection, if the principal, in consultation with the children’s classroom teacher or teachers, determines that the requested classroom placement is disruptive to the school, the principal may request that the school board determine the children’s classroom placement.
    4. For purposes of this section, the term “higher order multiples” means triplets, quadruplets, quintuplets or more.

HISTORY: Codes, 1942, § 6216-41; Laws, 1964, 1st Ex Sess, ch. 24; Laws, 2009, ch. 484, § 1; reenacted without change, Laws, 2011, ch. 348, § 1; Laws, 2013, ch. 497, § 54, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 2011, ch. 348, § 2, effective July 1, 2011, amended Laws of 2009, ch. 484, § 2, to delete the repealer for this section, which would have repealed the section effective July 1, 2011.

Amendment Notes —

The 2009 amendment added (2) and designated the formerly undesignated provisions of the section as (1); in (1), added “Subject to the provisions of subsection (2) of this section” at the beginning, inserted “knowingly,” substituted “the pupil’s presence” for “his presence,” and deleted “there, because of age differential, mental development, achievement level, or personal habits” thereafter.

The 2011 amendment reenacted the section without change.

The 2013 amendment inserted “in a school district” following “a particular public school” in (1); and inserted “in the school district” at the end of the first sentence in (2)(a).

RESEARCH REFERENCES

ALR.

Construction of “stay-put” provision of Education of the Handicapped Act (20 USCS § 1415(e)(3)), that handicapped child shall remain in current educational placement pending proceedings conducted under section. 103 A.L.R. Fed. 120.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-11-3. Separation of students according to sex.

In addition to all other power and authority which may now be vested in any board of trustees of any school district by the Constitution or statutes, or both, of the State of Mississippi, any such board of trustees is hereby vested with the authority to provide by assignment or reassignment, or other appropriate means, for the separation of students according to sex, separately by classrooms or schools, when such board, in its discretion, determines such separation will promote or preserve the public peace, order or tranquility of the school district, or the health, morals or education of the students.

HISTORY: Codes, 1942, § 6220.7; Laws, 1964, 1st Ex Sess, ch. 25, eff from and after passage (approved July 15, 1964).

RESEARCH REFERENCES

ALR.

Application of Title IX of the Education Amendments of 1972 (20 USCS §§ 1681 et seq.) to sex discrimination in educational employment. 54 A.L.R. Fed. 522.

§ 37-11-5. Instruction in fire drills and emergency management [Effective until July 1, 2019].

It shall be the duty of the principals and teachers in all public school buildings to instruct the pupils in the methods of fire drills and to practice fire drills until all the pupils in the school are familiar with the methods of escape. Such fire drills shall be conducted often enough to keep such pupils well drilled. It shall be the further duty of such principals and teachers to instruct the pupils in all programs of emergency management as may be designated by the state department of education.

HISTORY: Codes, 1942, § 6216-10; Laws, 1953, Ex Sess, ch. 26, § 10; Laws, 1980, ch. 491, § 24, eff from and after passage (approved May 9, 1980).

Cross References —

Emergency management generally, see §§33-15-1 et seq.

§ 37-11-5. Instruction in fire drills and emergency management [Effective July 1, 2019].

It shall be the duty of the principals and teachers in all public school buildings to instruct the pupils in the methods of fire drills and to practice fire drills until all the pupils in the school are familiar with the methods of escape. Such fire drills shall be conducted often enough to keep such pupils well drilled. It shall be the further duty of such principals and teachers to instruct the pupils in all programs of emergency management as may be designated by the State Department of Education.

It shall be the further duty of such principals and teachers to develop and conduct an active shooter drill within the first sixty (60) days of each new school semester for students, teachers and staff.

HISTORY: Codes, 1942, § 6216-10; Laws, 1953, Ex Sess, ch. 26, § 10; Laws, 1980, ch. 491, § 24, eff from and after passage (approved May 9, 1980); Laws, 2019, ch. 427, § 2, eff from and after July 1, 2019.

§ 37-11-6. Purchase and installation in each school of weather radio.

In order to provide public schools with immediate access to inclement weather warnings, the State Board of Education shall require each public school district to provide for the purchase and installation, before July 1, 1997, of a weather radio for each school in the district.

HISTORY: Laws, 1996, ch. 324, § 1, eff from and after July 1, 1996.

§ 37-11-7. Acceptance of National School Lunch Act and Child Nutrition Act.

  1. The State of Mississippi does hereby accept and avail itself of all the provisions and benefits of acts passed by the Senate and House of Representatives of the United States of America in Congress assembled on June 4, 1946, known as the “National School Lunch Act,” Chapter 281, 60 Stat 230, and on October 11, 1966, known as the “Child Nutrition Act,” 80 Stat 885.
  2. The State Department of Education is hereby designated and appointed as the state agency in Mississippi to carry out and execute the functions and duties required of a state agency under the terms and provisions of said acts and to administer the funds made available by the federal government for the school lunch and other child nutrition programs for and in the State of Mississippi under the provisions of said acts. For such purpose, the State Superintendent of Public Education is hereby authorized and empowered to do any and all things which may be required under the terms of said acts to enable the State of Mississippi to receive the benefits thereof, to enter into any and all agreements and contracts with any officer or agency of the United States of America, or any other person, agency or political subdivision, that may be necessary, expedient or advisable in administering said acts, and to appoint and employ a state supervisor of the child nutrition programs and such other administrative, supervisory, stenographic and clerical personnel as may be necessary in the administration of said acts.
  3. The school boards of any combination of school districts may authorize by resolution the organization and operation of, or the participation in, a group purchase program with other participating child nutrition operators for the purchase of commodities, supplies, equipment and services provided under the school lunch and child nutrition programs, when it appears to said participating child nutrition operators that a group purchase program shall effect economy or efficiency in such operation. The State Department of Education may administer such group purchase program to provide commodities, supplies, equipment and services under the school lunch and child nutrition programs and may charge and collect reasonable fees from participating operators for the actual cost of administering such group purchase program. Purchases by participating operators in such group purchasing programs shall not be exempt from public bid requirements as prescribed in Sections 31-7-12 and 31-7-13, Mississippi Code of 1972.
  4. The State Treasurer is hereby designated and appointed custodian of all monies received by the state from appropriations made to carry out the provisions of said acts of Congress, and he is authorized to receive and to provide for the proper custody of same, and to make disbursements thereof in the manner provided for in said acts and for the purposes therein specified.

HISTORY: Codes, 1942, § 6228.5; Laws, 1947, 1st Ex Sess, ch. 13, §§ 1-3; Laws, 1992, ch. 524, § 6; Laws, 1993, ch. 602, § 2, eff from and after July 1, 1993.

Cross References —

Duties of state treasurer generally, see §7-9-9.

State Department of Education generally, see §§37-3-1 et seq.

State Superintendent of public education, see §§37-3-9,37-3-11.

Federal Aspects—

National School Lunch Act, see 42 USCS §§ 1751 et seq.

Child Nutrition Act of 1966, see 42 USCS §§ 1771 et seq.

RESEARCH REFERENCES

Practice References.

Federal Education Laws and Regulations (Michie).

§ 37-11-8. Office of Healthy Schools of the State Department of Education to develop and implement the Healthier School Initiative; purpose; financial incentives to certain schools; eligibility criteria to participate in HealthierUS School Challenge.

  1. The Office of Healthy Schools of the State Department of Education shall develop and implement the Healthier School Initiative, consistent with the HealthierUS School Challenge developed by the United States Department of Agriculture and administered through its Food and Nutrition Service, to facilitate healthy choices and practices by local school districts through the promotion of healthier school environments.The office shall establish standard procedures to be adhered to by schools electing to participate in the program and shall establish a deadline for the submission of applications for participation in the initiative.
  2. Subject to the availability of funds whether appropriated by the Legislature, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), or received as gifts, bequests, endowments or grants from any public or private source, the Office of Healthy Schools shall provide financial incentives to schools receiving recognition through the HealthierUS School Challenge for purposes of funding the resources and staff training needed to meet healthy eating, nutrition education and physical education guidelines.The department shall allocate the funds to schools receiving recognition in the following amounts:
    1. Two Thousand Dollars ($2,000.00) shall be awarded to schools receiving the Bronze Award level of recognition;
    2. Four Thousand Dollars ($4,000.00) shall be awarded to schools receiving Silver Award level of recognition;
    3. Six Thousand Dollars ($6,000.00) shall be awarded to schools receiving Gold Award level of recognition; and
    4. Eight Thousand Dollars ($8,000.00) shall be awarded to schools receiving Gold Award of Distinction level of recognition.
  3. The Office of Healthy Schools shall require local school districts to include information relevant to the HealthierUS School Challenge on their district Web sites and shall provide technical assistance to schools that elect to participate in the challenge to become a HealthierUS School.The office shall require participating schools to:
    1. Enroll as a Team Nutrition School;
    2. Offer reimbursable lunches that demonstrate healthy menu planning practices and principles of the Dietary Guidelines for Americans and that meet United States Department of Agriculture nutrition standards;
    3. Provide nutrition education to students;
    4. Provide students with physical education and the opportunity for physical activity;
    5. Maintain an average daily participation of school enrollment for reimbursable lunches; and
    6. Adhere to guidelines established by Food and Nutrition Service for foods served and/or sold in schools outside the National School Lunch Program.
  4. To be eligible for participation, a school must:
    1. Be a public elementary or secondary school;
    2. Participate in the National School Lunch Program;
    3. Be enrolled in United States Department of Agriculture Team Nutrition; and
    4. Submit an application to the United States Department of Agriculture.
  5. Application for certification as a HealthierUS School must be submitted to the State Department of Education for review by the Office of Healthy Schools, which, upon its approval, shall forward the applications to the United States Department of Agriculture for consideration.Any application that is not approved based on standards for submission established by the Office of Healthy Schools shall be returned with instructions for modification and resubmission by the submitting school.

HISTORY: Laws, 2010, ch. 425, § 1, eff from and after July 1, 2010.

Editor’s Notes —

The preamble to Laws of 2010, ch. 425, provides as follows:

“WHEREAS, the United States Department of Agriculture’s Food and Nutrition Service (FNS) recognizes schools that take a leadership role in helping students learn to make healthy eating and active lifestyle choices through the HealthierUS School Challenge (HUSSC); and

“WHEREAS, the HealthierUS School Challenge (HUSSC) was established to recognize schools that are creating healthier school environments through their promotion of good nutrition and physical activity on four (4) levels of superior performance: Bronze, Silver, Gold, and Gold Award of Distinction; and

“WHEREAS, to qualify for the awards, a school must submit a formal application and meet basic criteria set forth by the Food and Nutrition Service reflecting the HUSSC criteria recommended in the 2005 Dietary Guidelines for Americans and the Institute of Medicine’s (IOM) recommendations published in April 2007 for foods that should be served in schools, outside of the organized school lunch meals; and

“WHEREAS, HealthierUS Schools also must have a local school wellness policy as mandated by the United States Congress which supports the HUSSC initiative and affirms that the school plays a critical role in promoting student health, preventing childhood obesity, and combating problems associated with poor nutrition and physical inactivity; NOW, THEREFORE,”

§ 37-11-9. Payment by school board of medical expenses for injuries sustained in athletic activities; purchase of hospitalization insurance.

The board of trustees of any school district is authorized and empowered to pay out of the athletic fund or funds obtained from athletic activities all of the actual medical expenses evidenced by itemized bills of account, for injuries sustained by any regularly enrolled student while participating in athletic activities considered a part of any sport that said school engages in as a part of any regularly scheduled athletic contest with other schools, to include any injury sustained in any contest scheduled by the proper school authorities and any required training preparatory thereto.

In lieu of the payment set out in the first paragraph above, and in the discretion of the board of trustees, the board is authorized and empowered to contract for hospitalization insurance designed to fully compensate students for actual medical expenses in such cases. The payment of such hospitalization insurance shall be made from funds available as set out in the first paragraph above.

HISTORY: Codes, 1942, § 6228.1; Laws, 1950, ch. 229, §§ 1, 2.

OPINIONS OF THE ATTORNEY GENERAL

A school board has the authority to purchase medical and hospitalization insurance for those students engaged in athletic training and competitions; therefore, to the extent that an accident medical insurance policy comports with this section, a school district may purchase same. Harlow, March 12, 1999, A.G. Op. #99-0086.

RESEARCH REFERENCES

ALR.

Validity, construction, and effect of provision releasing school from liability for injuries to students caused by interscholastic and other extracurricular activities. 85 A.L.R.4th 344.

Am. Jur.

33 Am. Jur. Trials 401, Gymnasium and Health Spa Injuries.

15 Am. Jur. Proof of Facts 2d 1, Sports Injury – Negligence.

§ 37-11-11. Furnishing of instruction and training for hospitalized children.

  1. For the purposes of this section, the term “hospital” shall include community-based programs and facilities licensed or approved by the Department of Mental Health for treatment of chemical substance use and abuse.
  2. When five (5) or more children of educable mind between the ages of six (6) and twenty-one (21) years who are capable of pursuing courses of instruction at secondary school level or below shall be confined in a hospital for an extended period of time, such children shall be eligible for and shall be provided with a program of education, instruction and training within such hospital in the manner hereinafter set forth, provided that the need for hospitalization for an extended period of time shall be certified by the chief of staff of such hospital and that the ability of such children to do school work shall be certified by qualified psychologists and/or educators approved by the State Board of Education.
  3. When five (5) or more children as set forth herein shall be confined in the same hospital, then the board of trustees of the school district in which such hospital is located shall be authorized and empowered, in its discretion, to provide a program of education, instruction and training to such children within such hospital. For such purpose the board shall be authorized and empowered to employ and contract with teachers, provide textbooks and other instructional materials, correspondence courses and instructional equipment and appliances, and otherwise provide for the furnishing of such program and to administer and supervise the same. Such program shall be furnished in a manner as prescribed by rules and regulations adopted by the State Board of Education. The state board shall have full power to adopt such rules, regulations, policies and standards as it may deem necessary to carry out the purpose of this section, including the establishment of qualifications of any teachers employed under the provisions hereof. It is expressly provided, however, that no program shall be furnished under this section except in a hospital licensed for operation by the State of Mississippi and only in cases where such hospital shall consent thereto, shall provide any classroom space, furniture and facilities which may be deemed necessary, and otherwise shall cooperate in carrying out the provisions of this section. Before such program of education, instruction and training shall be provided, the governing authorities of said hospital shall enter into a contract with the board of trustees of the school district which stipulates that said hospital agrees to furnish the necessary classroom space, furniture and facilities and provide for their upkeep, fuel and such other things as may be necessary for the successful operation of the program of education, instruction and training.
  4. In cases when children who are residents of school districts other than the school district providing such education program may participate in the program prescribed in this section. The boards of trustees of the districts of which such children are residents shall pay to the board of trustees of the school district furnishing such school program the pro rata part of the expenses of furnishing such school program within such hospital, which payments may be made from any funds available for the operation and maintenance of the schools of the district in which such child is a resident. The amount so paid shall be based upon, but shall not exceed, the current per pupil cost of education in the school district of the child’s residence, and the amount to be so paid by the school district of the child’s residence shall be fixed by the State Board of Education. If the amount to be paid which has been so fixed shall not be paid upon due demand made by the school district providing a program therefor, then the State Board of Education shall deduct any such amounts from the next allocation of minimum education program school funds attributable to any such district and shall remit the same to the board of trustees of such school district which is furnishing such school program. If the amounts so paid by such school districts of the child’s residence shall not be sufficient to pay the expenses of furnishing such program, then the remainder of such expenses over and above that so paid by such school districts shall be paid by the State Board of Education to the school district providing such school program out of any funds available to the State Board of Education, including minimum education program school funds. However, such payments shall not exceed Three Hundred Dollars ($300.00) per child in average daily attendance in such program. Provided, however, the State Board of Education shall in its discretion be authorized and empowered to exceed the said Three Hundred Dollars ($300.00) per pupil limitation where such limitation would make it impractical to operate such a program.

HISTORY: Codes, 1942, § 6228.3; Laws, 1950, ch. 367, §§ 1-3; Laws, 1962, 2d Ex Sess, ch. 21; Laws, 1989, ch. 428, § 1, eff from and after July 1, 1989.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Mental Health generally, see §§41-4-1 et seq.

§ 37-11-13. Employment of education personnel suffering from tuberculosis.

No person suffering from tuberculosis in an infectious or communicable stage will be employed in any school in this state, public or private, as an administrator, teacher, secretary, janitor, cook in lunchroom, bus driver, or in any other capacity.

HISTORY: Codes, 1942, § 6232-61; Laws, 1966, ch. 432, § 1, eff from and after July 1, 1966.

Cross References —

Tuberculosis and respiratory diseases, see §§41-33-1 et seq.

§ 37-11-15. Repealed.

Repealed by Laws 1981, ch. 372, § 1, eff from and after July 1, 1981.

[Codes, 1942, § 6232-62; Laws, 1966, ch. 432, § 2]

Editor’s Notes —

Former §37-11-15 provided for the examination and certification of applicants for employment as free from tuberculosis.

§ 37-11-17. Physical examinations of employees for infectious or communicable diseases; spinal curvature screening program for students.

  1. The State Board of Education, the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the boards of trustees of the several junior colleges, the county boards of education, the governing authorities of any county, municipal or other public school districts, such other boards set up by law for any educational institution, school, college or university, or their authorized representative, or the State Health Officer or his authorized representative, may require any teacher, supervisor, janitor or other employee of the school to submit to a thorough physical examination, deemed advisable to determine whether he has any infectious or communicable disease.
  2. The State Board of Education may develop a program to accomplish the identification of public school district students with abnormal spinal curvature. No state funds shall be expended for the purposes of implementing this subsection. Such program shall:
    1. Provide that an adequate number of school personnel in each district be instructed by qualified medical experts in the proper examination of students for abnormal spinal curvatures;
    2. Provide that all public school district students who are at least ten (10) years old be screened at least every two (2) years but at least in the fourth, sixth, eighth and tenth grades or at such other times as may be recommended by medical experts on a per case basis;
    3. Provide that students identified as having abnormal spinal curvatures or potential for abnormal spinal curvatures be referred to the county health officer or to the student’s personal physician or chiropractor with notice of the evaluation; and
    4. Provide for notification of the parent or guardian of any student identified under this program and for the supplying to such parent or guardian information on the condition and resources available for the correction or treatment of such condition. However, the requirement for screening shall not apply to a child whose parent or guardian objects thereto on grounds that the requirement conflicts with his conscientiously held religious beliefs.

HISTORY: Codes, 1942, § 6232-63; Laws, 1966, ch. 432, § 3; Laws, 1981, ch. 372, § 2; Laws, 1986, ch. 434, § 5; Laws, 1987, ch. 419; Laws, 2013, ch. 497, § 55, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” at the beginning of (1); and inserted “district” in (2)(b).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Executive officer of State Board of Health to be State Health Officer, see §41-3-5.

§ 37-11-18. Expulsion of student possessing controlled substance or weapon or committing violent act on school property.

Any student in any school who possesses any controlled substance in violation of the Uniform Controlled Substances Law, a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property as defined in Section 97-37-17, Mississippi Code of 1972, shall be subject to automatic expulsion for a calendar year by the superintendent or principal of the school in which the student is enrolled; provided, however, that the superintendent of the school shall be authorized to modify the period of time for such expulsion on a case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student’s right to appeal to the local school board.

HISTORY: Laws, 1994, ch. 595, § 9; Laws, 1995, ch. 423, § 1; Laws, 1996, ch. 534, § 2, eff from and after July 1, 1996.

Cross References —

Expulsion of certain habitually disruptive students, see §37-11-18.1.

Suspension or expulsion of student damaging school property, see §37-11-19.

Code of student conduct, see §37-11-55.

Admission or enrollment in public school of any child who has been expelled or is a party to an expulsion proceeding for an act involving violence, weapons, alcohol or illegal drugs, see §37-15-9.

Applicability of the provisions of this section to charter schools, see §37-28-45.

Uniform Controlled Substances Law, see §§41-29-101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Where a student was in possession of a handgun for approximately 20 seconds at school, he was subject to automatic expulsion for a calendar year; however, the superintendent has express authority to exercise his or her discretion is modifying the period of time for expulsion based on the circumstances of the case. Westbrook, June 13, 2003, A.G. Op. 03-0273.

RESEARCH REFERENCES

ALR.

School’s Violation of Student’s Substantive Due Process Rights by Suspending or Expelling Student. 90 A.L.R.6th 235.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 344, 345, 353 et seq.

79 Am. Jur. 2d, Weapons and Firearms § 30.

§ 37-11-18.1. Expulsion of habitually disruptive students aged 13 years or older upon third occurrence of disruptive behavior within school year.

  1. For the purposes of this section:
    1. The term “disruptive behavior” means conduct of a student that is so unruly, disruptive or abusive that it seriously interferes with a school teacher’s or school administrator’s ability to communicate with the students in a classroom, with a student’s ability to learn, or with the operation of a school or school-related activity, and which is not covered by other laws related to violence or possession of weapons or controlled substances on school property, school vehicles or at school-related activities. Such behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive language or action toward teachers or other school employees; defiance, ridicule or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher; and
    2. The term “habitually disruptive” refers to such actions of a student which cause disruption in a classroom, on school property or vehicles or at a school-related activity on more than two (2) occasions during a school year, and to disruptive behavior that was initiated, willful and overt on the part of the student and which required the attention of school personnel to deal with the disruption. However, no student shall be considered to be habitually disruptive before the development of a behavior modification plan for the student in accordance with the code of student conduct and discipline plans of the school district.
  2. Every behavior modification plan written pursuant to this section must be developed by utilizing evidence-based practices and positive behavioral intervention supports. The plan must be implemented no later than two (2) weeks after the occurrence of the disruptive behavior.
  3. Any student who is thirteen (13) years of age or older for whom a behavior modification plan is developed by the school principal, reporting teacher and student’s parent and which student does not comply with the plan shall be deemed habitually disruptive and subject to expulsion on the occurrence of the third act of disruptive behavior during a school year. After the second act of disruptive behavior during a school year by a student, a psychological evaluation shall be performed upon the child.

HISTORY: Laws, 2001, ch. 486, § 6; Laws, 2003, ch. 416, § 4; Laws, 2007, ch. 416, § 4; Laws, 2010, ch. 488, § 7, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2003 amendment extended the repealer from “July 1, 2003” to “July 1, 2007.”

The 2007 amendment added (2) and redesignated former (2) and (3) as present (3) and (4); in (3), deleted “automatic” following “disruptive and subject to” in the first sentence, and “who is younger than thirteen (13) years of age” preceding “a psychological evaluation” in the last sentence; and extended the date of the repealer in (4) from July 1, 2007, until July 1, 2010.

The 2010 amendment deleted (4), which was the repealer for the section.

Cross References —

Automatic expulsion of student possessing controlled substance or weapon or committing violent act on school property, see §37-11-18.

Suspension or expulsion of student damaging school property, see §37-11-19.

Code of student conduct, see §37-11-55.

Applicability of the provisions of this section to charter schools, see §37-28-45.

RESEARCH REFERENCES

ALR.

School’s Violation of Student’s Substantive Due Process Rights by Suspending or Expelling Student. 90 A.L.R.6th 235.

§ 37-11-19. Suspension or expulsion of student damaging school property; liability of parent or custodian.

If any pupil shall wilfully destroy, cut, deface, damage, or injure any school building, equipment or other school property he shall be liable to suspension or expulsion and his parents or person or persons in loco parentis shall be liable for all damages.

HISTORY: Codes, 1942, § 6216-04; Laws, 1953, Ex Sess, ch. 26, § 4, eff from and after July 1, 1954.

Cross References —

Automatic expulsion of student possessing controlled substance or weapon or committing violent act on school property, see §37-11-18.

Expulsion of certain habitually disruptive students, see §37-11-18.1.

Recovery of damages from parent for child’s destructive acts against school property, see §37-11-53.

Code of student conduct, see §37-11-55.

OPINIONS OF THE ATTORNEY GENERAL

A school board may, with proper notice, adopt a rule wherein further property belonging to the school may be withheld from a student who has lost, destroyed, or damaged school property entrusted to him or her until such time as the student or parents reimburse the school for the property. Chaney, Jr., Jan. 28, 2000, A.G. Op. #99-0723.

While a school has the authority to impose disciplinary punishment against a student who damages school property (or to seek reimbursement from the student’s parents), a school should not act in a manner that imposes an academic punishment on the student. Adams, Jan. 23, 2004, A.G. Op. 03-0553.

RESEARCH REFERENCES

ALR.

Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student. 47 A.L.R.5th 1.

School’s Violation of Student’s Substantive Due Process Rights by Suspending or Expelling Student. 90 A.L.R.6th 235.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 344, 345, 353 et seq.

CJS.

78A C.J.S., Schools and School Districts § 1091 et seq.

Law Reviews.

1985 Mississippi Supreme Court Review – Administrative Law. 55 Miss. L. J. 735, December 1985.

JUDICIAL DECISIONS

1. In general.

School board may suspend student caught defacing school building, in accordance with mandatory school district regulation, notwithstanding fact that other punishment might be more appropriate. Clinton Municipal Separate School Dist. v. Byrd, 477 So. 2d 237, 1985 Miss. LEXIS 2204 (Miss. 1985).

§ 37-11-20. Intimidation, threatening or coercion of students for purpose of interfering with attendance of classes.

It shall be unlawful for any person to intimidate, threaten or coerce, or attempt to intimidate, threaten or coerce, whether by illegal force, threats of force or by the distribution of intimidating, threatening or coercive material, any person enrolled in any school for the purpose of interfering with the right of that person to attend school classes or of causing him not to attend such classes.

Upon conviction of violation of any provision of this section, such individual shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed Five Hundred Dollars ($500.00), imprisonment in jail for a period not to exceed six (6) months, or both. Any person under the age of seventeen (17) years who violates any provision of this section shall be treated as a delinquent within the jurisdiction of the youth court.

HISTORY: Codes, 1942, § 6216-05.5; Laws, 1972, ch. 383, §§ 1, 2, eff from and after passage (approved April 26, 1972).

Cross References —

Applicability of the provisions of this section to charter schools, see §37-28-45.

Youth Court Law, see §§43-21-101 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-11-21. Abuse of superintendent, principal, teacher, or bus driver.

If any parent, guardian or other person, shall abuse any superintendent, principal, teacher or school bus driver while school is in session or at a school-related activity, in the presence of school pupils, such person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00).

HISTORY: Codes, 1942, § 6216-05; Laws, 1953, Ex Sess, ch. 26, § 5; Laws, 1970, ch. 351, § 1; Laws, 1992, ch. 431, § 1, eff from and after July 1, 1992.

Cross References —

Applicability of the provisions of this section to charter schools, see §37-28-45.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-11-23. Disturbing public school sessions or meetings.

If any person shall wilfully disturb any session of the public school or any public school meeting, such person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00).

HISTORY: Codes, 1942, § 6216-05; Laws, 1953, Ex Sess, ch. 26, § 5; Laws, 1970, ch. 351, § 1, eff from and after passage (approved April 1, 1970).

Cross References —

Applicability of the provisions of this section to charter schools, see §37-28-45.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-11-25. Interest in proceeds or profits of sale or rental of property used in public schools.

If any public school official of this state or of any county or municipality or school district thereof, or any superintendent, principal, or teacher in the public schools, or any trustee of a school district shall be interested, either directly or indirectly, in the proceeds or profits of the sale or rental of any book, furniture, equipment or other property to be used in any public schools of this state such person shall be guilty of a misdemeanor and, upon conviction, he shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00). However, nothing in this section shall be construed to apply to the receipt of royalties on books or other publications used in the public schools.

HISTORY: Codes, 1942, § 6216-06; Laws, 1953, Ex Sess, ch. 26, § 6; brought forward without change, Laws, 2013, ch. 497, § 56, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment brought the section forward without change.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-11-27. Interest in contracts involving public schools.

It shall be unlawful for any member of the board of trustees of any school district, any member of the county board of education, the county superintendent of education or any superintendent, principal, teacher, or employee of a county board of education or any school district to have or own any direct or indirect interest individually or as agent or employee of any person, partnership, firm, or corporation in any contract made or let by the county board of education, the county superintendent of education or the board of trustees of the school district for the construction, repair, or improvement of any school facility, the furnishing of any supplies, materials, or other articles, the doing of any public work or the transportation of children or upon any subcontract arising therefrom or connected therewith in any manner. The board of trustees of any school district shall be authorized to contract with a teacher or school district employee to perform extra work without being in violation of the provisions of this section. The board of trustees shall make a case by case determination of the possible conflicts of interest arising from any extra work contracts and such decision by the board shall be final. Any contract entered into in violation of the provisions of this section shall be void and of no effect. Any person who shall authorize or enter into any contract in violation of the provisions hereof, or who shall knowingly or wilfully pay out or receive any money upon any such contract shall be civilly liable for the amount so paid or received, and, in the case of an official who has furnished a bond, the surety upon such bond shall likewise be liable for such amount. In addition thereto, any person who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment, in the discretion of the court.

HISTORY: Codes, 1942, § 6328-29; Laws, 1953, Ex Sess, ch. 17, § 9; Laws, 1989, ch. 585, § 5, effective April 25, 1989 (became law without the Governor’s signature).

Editor’s Notes —

Laws of 1989, ch. 585, § 9, provides as follows:

“SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.”

Cross References —

Prohibition against nepotism generally, see §§25-1-53,25-1-55.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

If a secretary or part-time teacher has absolutely nothing to do with, and takes no part in, the awarding of a contract for the performance of odd jobs or the purchasing of batteries from her spouse, it would not be illegal for a school district to contract with this party or to continue buying batteries from this party. Chaney, Jr., Mar. 9, 2001, A.G. Op. #01-0094.

A conflict of interest would exist where a member of the county school board was employed by a company that held a contract with the board. Carmichael, Jan. 10, 2003, A.G. Op. #02-0745.

A contract for services only is not of the type prohibited by this section. It makes no difference whether the employee/board member in question is an employee of the current provider or the employee of a provider which may be utilized in the future. This section contains no language directing the recusal of a member from voting on contracts which are not under the general prohibition of that section. Blessey, Apr. 2, 2004, A.G. Op. 04-0134.

Permitting school district employees to place FEMA trailers on school district property that is not being used for school purposes, is not a contract that is prohibited by the provisions of Section 37-11-27. Sessoms, Dec. 9, 2005, A.G. Op. 05-0559.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 31 et seq.

Law Reviews.

1987 Mississippi Supreme Court Review, Professional responsibility. 57 Miss. L. J. 433, August, 1987.

JUDICIAL DECISIONS

1. In general.

2. Persons liable.

3. Defenses.

4. Particular violations.

1. In general.

County school superintendent is subject to conflict of interest statute and is also public official within meaning and contemplation of penalty statute. State ex rel. Pittman v. Ladner, 512 So. 2d 1271, 1987 Miss. LEXIS 2787 (Miss. 1987).

2. Persons liable.

All Board members and Superintendent, and their respective sureties, were liable for amount of school funds paid to contractor which employed one of Board members because contract was infected with conflict of interest, although that member had abstained from voting on any matter dealing with contract, on advice of Board’s attorney. State ex rel. Pittman v. Ladner, 512 So. 2d 1271, 1987 Miss. LEXIS 2787 (Miss. 1987).

School Superintendent was liable, as well as county School Board members, for violating conflict of interest statute, although Superintendent was prohibited by statute from participating in decisions such as one underlying alleged conflict of interest in this case, because §37-11-27 names Superintendent as being among persons prohibited from making, authorizing, or entering any such contract; additionally, record reflected, without contradiction, that Superintendent did in fact execute contract and recommend payment of moneys under it. State ex rel. Pittman v. Ladner, 512 So. 2d 1271, 1987 Miss. LEXIS 2787 (Miss. 1987).

3. Defenses.

Acting on advice of counsel is not sufficient to vitiate imposition of penalty under §19-13-37 [repealed] where §37-11-27 proscription of conflict of interest is violated, despite alleged good faith defense of Board members, who were advised by Board’s attorney that no violation of conflict of interest statute would occur so long as member who was employed by contractor refrained from participating in any action regarding that contract. State ex rel. Pittman v. Ladner, 512 So. 2d 1271, 1987 Miss. LEXIS 2787 (Miss. 1987).

4. Particular violations.

School Board contracting with firm which employed one of members of School Board constituted “substantial departure” from directives of conflict of interest statute, §37-11-27, which prescribes manner and method of making school repair contracts; fact that Board member’s compensation from his employer was not dependent upon his employer receiving contract was of no moment, because statute declares relationship unlawful. State ex rel. Pittman v. Ladner, 512 So. 2d 1271, 1987 Miss. LEXIS 2787 (Miss. 1987).

§ 37-11-29. Reporting of unlawful activity or violent act on educational property or during school related activity; authority of law enforcement officers; reporting of disposition of charges against student; liability of school personnel participating in reporting.

  1. Any principal, teacher or other school employee who has knowledge of any unlawful activity which occurred on educational property or during a school related activity or which may have occurred shall report such activity to the superintendent of the school district or his designee who shall notify the appropriate law enforcement officials as required by this section. In the event of an emergency or if the superintendent or his designee is unavailable, any principal may make a report required under this subsection.
  2. Whenever any person who shall be an enrolled student in any school or educational institution in this state supported in whole or in part by public funds, or who shall be an enrolled student in any private school or educational institution, is arrested for, and lawfully charged with, the commission of any crime and convicted upon the charge for which he was arrested, or convicted of any crime charged against him after his arrest and before trial, the office or law enforcement department of which the arresting officer is a member, and the justice court judge and any circuit judge or court before whom such student is tried upon said charge or charges, shall make or cause to be made a report thereof to the superintendent or the president or chancellor, as the case may be, of the school district or other educational institution in which such student is enrolled.

    If the charge upon which such student was arrested, or any other charges preferred against him are dismissed or nol prossed, or if upon trial he is either convicted or acquitted of such charge or charges, same shall be reported to said respective superintendent or president, or chancellor, as the case may be. A copy of said report shall be sent to the Secretary of the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi, at Jackson, Mississippi.

    Said report shall be made within one (1) week after the arrest of such student and within one (1) week after any charge placed against him is dismissed or nol prossed, and within one (1) week after he shall have pled guilty, been convicted, or have been acquitted by trial upon any charge placed against him. This section shall not apply to ordinary traffic violations involving a penalty of less than Fifty Dollars ($50.00) and costs.

    The State Superintendent of Public Education shall gather annually all of the reports provided under this section and prepare a report on the number of students arrested as a result of any unlawful activity which occurred on educational property or during a school related activity. All data must be disaggregated by race, ethnicity, gender, school, offense and law enforcement agency involved. However, the report prepared by the State Superintendent of Public Education shall not include the identity of any student who was arrested.

    On or before January 1 of each year, the State Superintendent of Public Education shall report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Joint PEER Committee on this section. The report must include data regarding arrests as a result of any unlawful activity which occurred on educational property or during a school related activity.

  3. When the superintendent or his designee has a reasonable belief that an act has occurred on educational property or during a school related activity involving any of the offenses set forth in subsection (6) of this section, the superintendent or his designee shall immediately report the act to the appropriate local law enforcement agency. For purposes of this subsection, “school property” shall include any public school building, bus, public school campus, grounds, recreational area or athletic field in the charge of the superintendent. The State Board of Education shall prescribe a form for making reports required under this subsection. Any superintendent or his designee who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-35.
  4. The law enforcement authority shall immediately dispatch an officer to the educational institution and with probable cause the officer is authorized to make an arrest if necessary as provided in Section 99-3-7.
  5. Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.
  6. For purposes of this section, “unlawful activity” means any of the following:
    1. Possession or use of a deadly weapon, as defined in Section 97-37-1;
    2. Possession, sale or use of any controlled substance;
    3. Aggravated assault, as defined in Section 97-3-7;
    4. Simple assault, as defined in Section 97-3-7, upon any school employee;
    5. Rape, as defined under Mississippi law;
    6. Sexual battery, as defined under Mississippi law;
    7. Murder, as defined under Mississippi law;
    8. Kidnapping, as defined under Mississippi law; or
    9. Fondling, touching, handling, etc., a child for lustful purposes, as defined in Section 97-5-23.

HISTORY: Codes, 1942, § 6216-31; Laws, 1960, ch. 319, § 1; Laws, 1994, ch. 636, § 2; Laws, 1994, ch. 607, § 2; Laws, 1996, ch. 311, § 1; Laws, 2016, ch. 388, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Subsection (3) of this section contained an incorrect reference to “Section 37-11-15.” In 2007, the reference was changed to “Section 37-11-35” at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation. The correction was ratified by the Joint Committee, pursuant to Section 1-1-109, at the Committee’s August 5, 2008, meeting.

Amendment Notes —

The 2016 amendment, in (2), added the next-to-last and last paragraphs.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Contents of report as required pursuant to the provisions of this section, see §37-11-31.

Fees for reports, pursuant to this section, see §37-11-33.

Penalties for failure to file reports pursuant to this section, see §37-11-35.

Applicability of the provisions of this section to charter schools, see §37-28-45.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

All crimes, not just the ones enumerated in this section, should be reported to the school system regardless of whether such crime was committed on or off school property. Anderton, Nov. 21, 1997, A.G. Op. #97-0739.

The statute cannot apply to students who are in the jurisdiction of the youth court since the youth court does not try or convict youths and, instead, adjudicates them as delinquents; the courts specifically mandated in the statute to provide information to the school officials are the justice court and the circuit court and there is no mention of the youth court. Beckett, May 22, 1998, A.G. Op. #98-0257.

There is no conflict between §43-21-255 and this section; the former provides the procedure for information which may be released concerning students who are in the jurisdiction of the youth court, while the latter provides for the release of information concerning students who are in the jurisdiction of the adult court system. Beckett, May 22, 1998, A.G. Op. #98-0257.

A local school board has the authority to establish policies and procedures regarding Sections 37-9-14 and 37-11-29; however, these policies and procedures may not be in conflict with the requirements of these two statutes. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

It is not within the authority of administrators to refrain from reporting these crimes as required by Section 37-11-29, and only handle matters administratively. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

An arrest is not a prerequisite to making an immediate report to local law enforcement. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

The reporting of unlawful activity to a district employed law enforcement officer does not meet the reporting criteria for Sections 37-9-14 and 37-11-29. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

The requirement that the superintendent report any unlawful act which he reasonably believes occurred on educational property or during a school related activity remains regardless of whether reasonable belief is established from the superintendent’s knowledge or from information relayed to the superintendent by a principal, teacher, other school employee or a concerned citizen. Preston, Apr. 11, 2003, A.G. Op. 03-0154.

When a superintendent has a reasonable belief that an unlawful act has occurred on educational property or during a school related activity, a report must be made to local law enforcement at once and without delay. Preston, Apr. 11, 2003, A.G. Op. 03-0154

RESEARCH REFERENCES

ALR.

Right of action under Title IX of Education Amendments Act of 1972 (20 USCS §§ 1681 et seq.) against school or school district for sexual harassment of student by student’s peer. 141 A.L.R. Fed. 407.

JUDICIAL DECISIONS

1. Failure to report.

There was substantial evidence supporting the termination of a principal after he failed to report three incidents as required by Miss. Code Ann. §37-11-29(1) and the a county board of education’s policy including that the principal first claimed that he was not aware of the incidents and later testified that he had tried to call the superintendent to make a report. Simpson v. Holmes County Bd. of Educ., 2 So.3d 799, 2009 Miss. App. LEXIS 62 (Miss. Ct. App. 2009).

§ 37-11-31. Contents of report pursuant to § 37-11-29.

Such report as is required pursuant to the provisions of Section 37-11-29(2), shall contain the full name of the student; the place, date and time of arrest; a brief statement of the charge or charges upon which he was arrested, and any other charges placed against him after his arrest but before the making of the report, and the disposition, if any, which may have been made of said charges by the arresting officer or the law enforcement department of which he be a member; whether the student was released on bail and, if so, the amount thereof; and the person’s home address and the school or educational institution in which he was enrolled. If the report be made after the trial of such person it shall contain all of the foregoing information and, in addition, a brief statement of the charge or charges upon which he was tried, whether acquitted or convicted; if convicted, the punishment inflicted; if any appeal has been taken from the decision of the justice court judge or circuit court such shall be so stated; and if such person be admitted to bail either before or after trial, the amount thereof shall be stated, together with the name of each surety upon his bail bond.

HISTORY: Codes, 1942, § 6216-31; Laws, 1960, ch. 319, § 1; Laws, 1994, ch. 607, § 3, eff from and after July 2, 1994.

Cross References —

Reporting of unlawful activity or violent act on school property, reporting of disposition of charges against student, see §37-11-29.

Fees for reports, pursuant to §37-11-29, see §37-11-33.

Penalties for failure to file reports pursuant to §37-11-29, see §37-11-35.

Applicability of the provisions of this section to charter schools, see §37-28-45.

OPINIONS OF THE ATTORNEY GENERAL

Youth court judge may authorize release of information to schools concerning juvenile records of any student when judge finds that such disclosure is required for public safety and finds that health or safety of that student or other students in school may be affected if information is not made available to school officials. Bennett Nov. 3, 1993, A.G. Op. #93-0779.

§ 37-11-33. Fees for reports pursuant to § 37-11-29; disposition of reports.

The office or law enforcement department or agency or the justice court judge or the clerk of the circuit court making such reports as are required pursuant to the provisions of Section 37-11-29(2), shall receive the sum of One Dollar ($1.00) for each such report made, which sum shall be paid from the general fund by the town, city, or county where such report or reports are made, upon proper bill being submitted therefor supported by certificate or affidavit that such reports have been made.

All such reports shall be preserved by each recipient thereof and a copy retained in the office or law enforcement department or agency, state, county or municipal, and in the office of any justice of the peace or circuit clerk, as the case may be, who or which made such report or reports.

HISTORY: Codes, 1942, § 6216-31; Laws, 1960, ch. 319, § 1; Laws, 1994, ch. 607, § 4, eff from and after July 2, 1994.

Cross References —

Reporting of unlawful activity or violent act on school property, reporting of disposition of charges against student, see §37-11-29.

Contents of reports pursuant to §37-11-29, see §37-11-31.

Penalties for failure to file reports pursuant to §37-11-29, see §37-11-35.

§ 37-11-35. Penalties for failure to file reports pursuant to Section 37-11-29 or 97-5-24.

  1. If any person charged by Section 37-11-29(2) or (3) to make the reports therein provided for shall willfully fail, refuse or neglect to file any such report, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned not exceeding six (6) months, or both.
  2. If any person charged by Section 97-5-24 to make the reports therein provided for shall willfully fail, refuse or neglect to file any such report, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned not exceeding six (6) months, or both.

HISTORY: Codes, 1942, § 6216-32; Laws, 1960, ch. 319, § 2; Laws, 1994, ch. 607, § 5; Laws, 2011, ch. 514, § 3, eff from and after passage (approved Apr. 26, 2011.).

Editor’s Notes —

Section 37-4-5 provides that the terms “Junior College Commission” and “State Board for Community and Junior Colleges,” wherever they appear in the laws of Mississippi, shall mean the ‘Mississippi Community College Board.”

Amendment Notes —

The 2011 amendment designated former provisions as (1), and added (2).

Cross References —

Reporting of unlawful activity or violent act on school property, reporting of disposition of charges against student, see §37-11-29.

Contents of reports pursuant to §37-11-29, see §37-11-31.

Fees for reports pursuant to §37-11-29, see §37-11-33.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see 99-19-73.

§ 37-11-37. Public high school fraternity, sorority or secret society; definition.

A public high school fraternity, sorority or secret society, as contemplated by Sections 37-11-37 through 37-11-45, is hereby defined to be any organization composed wholly, or in part, of public high school pupils, which seeks to perpetuate itself by taking in additional members from the pupils enrolled in such high school on the basis of the decision of the membership of such fraternity, sorority or secret society, rather than upon the free choice of any pupil in the school. However, this does not apply to the Order of DeMolay or a similar organization sponsored by any branch of the Masonic Orders or like adult fraternal organization.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Cross References —

Public high school fraternity, sorority or secret society-illegality; membership or participation in activities; duties of boards of trustees; solicitation of pupils, see §§37-11-39 through37-11-45.

Similar provision defining junior college fraternity, sorority or secret society, see §37-29-235.

OPINIONS OF THE ATTORNEY GENERAL

Student elected homecoming courts are not violation of statutes governing organization of high school fraternities and sororities. Furtenberry Oct. 6, 1993, A.G. Op. #93-0720.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 314, 316, 317.

§ 37-11-39. Public high school fraternity, sorority or secret society; illegality.

Any public high school fraternity, sorority, or secret society organization as defined in Section 37-11-37 is hereby declared to be inimical to public free schools and therefore unlawful.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Cross References —

Public high school fraternity, sorority or secret society-definition; membership or participation in activities; duties of boards of trustees; solicitation of pupils, see §§37-11-37,37-11-41 through37-11-45.

Similar provision pertaining to junior college fraternities, sororities or secret societies, see §37-29-237.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Student elected homecoming courts are not violation of statutes governing organization of high school fraternities and sororities. Furtenberry Oct. 6, 1993, A.G. Op. #93-0720.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 285-287.

§ 37-11-41. Public high school fraternity, sorority or secret society; membership or participation in activities.

It shall be unlawful for any pupil attending the public schools of this state to become a member of or to belong to or participate in the activities of any high school fraternity, sorority, or secret society as defined in Section 37-11-37.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Cross References —

Public high school fraternity, sorority or secret society-definition; illegality; duties of boards of trustees; solicitation of pupils, see §§37-11-37,37-11-39,37-11-43,37-11-45.

Similar provision pertaining to junior college fraternities, sororities or secret societies, see §37-29-239.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Student elected homecoming courts are not violation of statutes governing organization of high school fraternities and sororities. Furtenberry Oct. 6, 1993, A.G. Op. #93-0720.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 314, 316, 317.

§ 37-11-43. Public high school fraternity, sorority or secret society; duties of boards of trustees.

All boards of trustees of public high schools shall prohibit fraternities, sororities, or secret societies in all high schools under their respective jurisdiction. It shall be the duty of said boards of trustees to suspend or expel from said high schools under their control, any pupil or pupils who shall be or remain a member of, or shall join or promise to join, or who shall become pledged to become a member, or who shall solicit or encourage any other person to join, promise to join, or be pledged to become a member of, any such public high school fraternity, sorority or secret society, as defined in Section 37-11-37.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Cross References —

Public high school fraternity, sorority or secret society-definition; illegality; membership or participation in activities; solicitation of pupils, see §§37-11-37 through37-11-41,37-11-45.

Similar provision pertaining to junior college fraternities, sororities or secret societies, see §37-29-241.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Student elected homecoming courts are not violation of statutes governing organization of high school fraternities and sororities. Furtenberry Oct. 6, 1993, A.G. Op. #93-0720.

§ 37-11-45. Public high school fraternity, sorority or secret society; solicitation of pupils.

It shall be unlawful for any person not enrolled in any such public high school to solicit any pupil enrolled in any such public high school, to join or pledge himself or herself to become a member of any such public high school fraternity, sorority, or secret society, or to solicit any such pupil to attend a meeting thereof or any meeting where the joining of any such public high school fraternity, sorority, or secret organization shall be encouraged.

Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each and every offense.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Cross References —

Public high school fraternity, sorority or secret society-definition; illegality; membership or participation in activities; duties of boards of trustees; solicitation of pupils, see §§37-11-37 through37-11-43.

Similar provision pertaining to junior college fraternities, sororities or secret societies, see §37-29-243.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

Student elected homecoming courts are not violation of statutes governing organization of high school fraternities and sororities. Furtenberry Oct. 6, 1993, A.G. Op. #93-0720.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

§ 37-11-47. Stonewall Jackson Memorial Board; Memorial Fund.

  1. There is hereby created the Mississippi Stonewall Jackson Memorial Board, which shall have as its purpose the memorializing of that great American and Confederate General, Stonewall Jackson, through a program of education initiated by Stonewall Jackson Memorial, Inc. The Mississippi Stonewall Jackson Memorial Board shall be governed by a board of trustees, who shall serve without compensation. The board of trustees shall be composed of three (3) members, the Mississippi State Superintendent of Public Education, the Director of the Mississippi Department of Archives and History, and the President of Stonewall Jackson Memorial, Inc. The board of trustees shall be vested with the power to administer this section in its entirety and to establish the Mississippi Stonewall Jackson Memorial Fund.
  2. From and after March 13, 1990, the Stonewall Jackson Memorial Board shall be abolished by operation of law, and any monies appropriated or donated to or deposited in the Stonewall Jackson Memorial Fund shall be received, invested and administered by the Board of Trustees of the Mississippi Department of Archives and History as it deems advisable in line with sound business procedure. The Board of Trustees of the Mississippi Department of Archives and History may spend the interest derived from the Mississippi Stonewall Jackson Memorial Fund to support the programs and activities of the Junior Historical Society of Mississippi and thereby promote the study of Mississippi history. No part of the principal of such fund shall be disbursed for any purpose, and all grants to the Junior Historical Society shall be taken from the interest derived from investments only.

HISTORY: Codes, 1942, § 6228.7; Laws, 1956, ch. 354, §§ 1, 2; Laws, 1990, ch. 381, § 1, eff from and after passage (approved March 13, 1990).

Cross References —

State superintendent of public education, see §§37-3-9,37-3-11.

Department of archives and history generally, see §§39-5-1 et seq.

§ 37-11-49. Wearing of approved eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical laboratory courses of instruction.

  1. Each student and teacher in schools, colleges, universities, or other educational institutions, while participating in or observing any of the following courses of instruction:
    1. Vocational, technical, industrial arts, chemical, or chemical-physical, involving exposure to:
      1. Hot molten metals, or other molten materials;
      2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
      3. Heat treatment, tempering, or kiln firing of any metal or other materials;
      4. Gas or electric arc welding, or other forms of welding processes;
      5. Caustic or explosive materials; or
    2. Chemical, physical, or combined chemical-physical laboratories involving caustic or explosive materials, hot liquids or solids, injurious radiations, or other hazards not enumerated; is required to wear an appropriate industrial quality eye protective device at all times.
  2. For purposes of this section unless the context indicates otherwise “Industrial quality eye protective device” shall mean a device meeting the standards of the American National Standard Practice for Occupational and Educational Eye and Face Protection, Z 87.1-1968, and subsequent revisions thereof, approved by the American National Standards Institute, Inc.
  3. Such devices may, at the discretion of the individual school, be
    1. furnished for all students and teachers;
    2. purchased and sold at cost to students and teachers; or
    3. made available for a moderate rental fee.

      Such devices shall be furnished to all visitors to such shops and laboratories.

  4. The state superintendent of education shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this section.

HISTORY: Laws, 1974, ch. 386, eff from and after passage (approved March 21, 1974).

Cross References —

State superintendent of public education, see §§37-3-9,37-3-11.

RESEARCH REFERENCES

ALR.

Products liability: cutting or heating torches. 84 A.L.R.4th 1123.

§ 37-11-51. Documents exempt from Public Records Act.

  1. Test questions and answers in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are to be used in future academic examinations, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
  2. Letters of recommendation in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, respecting admission to any educational agency or institution, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
    1. Except as provided in paragraph (b) of this subsection, documents, records, papers, data, protocols, information or materials in the possession of a community college or state institution of higher learning that are created, collected, developed, generated, ascertained or discovered during the course of academic research, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
    2. The exemption under paragraph (a) of this subsection shall not apply to a public record that has been published, copyrighted, trademarked or patented.
  4. Unpublished manuscripts, preliminary analyses, drafts of scientific or academic papers, plans or proposals for future research and prepublication peer reviews in the possession of a community college or state institution of higher learning, or submitted and accepted for publication by publishers shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
  5. Nothing in this section shall otherwise create a public record right over, or shall impede or infringe upon, the copyright in any work.
  6. School safety plan documents containing preventive services listed in Section 37-3-83 shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

HISTORY: Laws, 1983, ch. 424, § 16; Laws, 2014, ch. 409, § 1; Laws, 2016, ch. 349, § 1, eff from and after July 1, 2016.

Editor’s Notes —

“The Mississippi Public Records Act of 1983”, referred to in this section, is Laws, 1983, ch. 424, §§ 1-9, which appears as §§25-61-1 et seq.

Amendment Notes —

The 2014 amendment added (3), (4), and (5).

The 2016 amendment added (6).

Cross References —

Exemption of certain school safety plan documents containing preventive services listed in this section from Mississippi Public Records Act of 1983, see §37-11-51.

§ 37-11-53. School district discipline plans; appearance by parents, guardians or custodians at discipline conferences; recovery from parents for damage or destruction of school property; parent allowed to accompany child to school as alternative to child’s suspension.

  1. A copy of the school district’s discipline plan shall be distributed to each student enrolled in the district, and the parents, guardian or custodian of such student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school board shall have its official discipline plan and code of student conduct legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions. As part of the first legal audit occurring after July 1, 2001, the provisions of this section, Section 37-11-55 and Section 37-11-18.1, shall be fully incorporated into the school district’s discipline plan and code of student conduct.
  2. All discipline plans of school districts shall include, but not be limited to, the following:
    1. A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child’s destructive acts against school property or persons;
    2. A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;
    3. Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools or the school attendance officer and be required to attend such discipline conference; and
    4. A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against such student for unlawful activity occurring on school grounds or buses.
  3. Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which such parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred Fifty Dollars ($250.00).
  4. Any public school district shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or destroys property belonging to such school district. However, this section shall not apply to parents whose parental control of such child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which such minor or other person would otherwise be liable.
  5. A school district’s discipline plan may provide that as an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student’s teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.

HISTORY: Laws, 1991, ch. 539, § 3; Laws, 1992, ch. 519, § 5; Laws, 1994, ch. 607, § 14; Laws, 1995, ch. 452, § 1; Laws, 2001, ch. 486, § 8, eff from and after July 1, 2001.

Editor’s Notes —

Laws, 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2001 amendment, in (1), inserted “and code of student conduct” following “official discipline plan” and added the last sentence; in (2)(b), inserted “the school attendance officier or”; in (2)(c), inserted “or the school attendance officer”; in (d), deleted “as defined in Section 37-11-29” and inserted “or buses” following “school grounds”; and added (5).

Cross References —

Code of student conduct, see §37-11-55.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

OPINIONS OF THE ATTORNEY GENERAL

If a mandatory school uniform rule furthers a substantial, legitimate interest of the school district, as determined by the school board, then it is within the discretion of a school board, with proper notice, to prescribe the discipline to be administered for the violation of the rule or regulation; assuming that the child is financially able to purchase the required uniform, a school district may administer, subject to procedural due process, appropriate disciplinary measures for refusal to comply with the school rule, including suspension or expulsion; however, long term out-of-school suspension or expulsion for violation of a school uniform policy is not permitted. Smith, June 11, 1999, A.G. Op. #99-0274.

A school board may, with proper notice, adopt a rule wherein further property belonging to the school may be withheld from a student who has lost, destroyed, or damaged school property entrusted to him or her until such time as the student or parents reimburse the school for the property. Chaney, Jr., Jan. 28, 2000, A.G. Op. #99-0723.

A school district has the authority to have a student tested for suspicion of using drugs without first securing the parent’s or guardian’s permission. Montgomery, Aug. 20, 2006, A.G. Op. 06-0513.

RESEARCH REFERENCES

ALR.

School’s Violation of Student’s Substantive Due Process Rights by Suspending or Expelling Student. 90 A.L.R.6th 235.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

JUDICIAL DECISIONS

1. In general.

Section 37-11-53 neither abrogates nor alters the post-punishment remedies available to students under Mississippi common law for excessive punishment. Harris v. Tate County Sch. Dist., 882 F. Supp. 90, 1995 U.S. Dist. LEXIS 4718 (N.D. Miss. 1995).

§ 37-11-54. State Board of Education to develop list of conflict resolution and peer mediation materials, models, and curricula from evidence-based practices and positive behavioral intervention supports.

The State Board of Education shall develop a list of recommended conflict resolution and mediation materials, models and curricula that are developed from evidence-based practices and positive behavioral intervention supports to address responsible decision making, the causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation, and shall make the list available to local school administrative units and school buildings before the beginning of the 2007-2008 school year.In addition, local school boards shall incorporate evidence-based practices and positive behavioral intervention supports into individual school district policies and Codes of Conduct.In developing this list, the board shall emphasize materials, models and curricula that currently are being used in Mississippi and that the board determines to be effective.The board shall include at least one (1) model that includes instruction and guidance for the voluntary implementation of peer mediation programs and one (1) model that provides instruction and guidance for teachers concerning the integration of conflict resolution and mediation lessons into the existing classroom curriculum.

HISTORY: Laws, 2001, ch. 391, § 1; Laws, 2001, ch. 486, § 5; Laws, 2003, ch. 416, § 5; Laws, 2007, ch. 416, § 5; Laws, 2010, ch. 488, § 8, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2001 amendment inserted “using only existing staff and resources” in the first sentence, added the present second sentence and added the second paragraph containing the repealer provision.

The 2003 amendment extended the repealer from “July 1, 2003” to “July 1, 2007.”

The 2007 amendment, in the first paragraph, deleted “using only existing staff and resources” following “Board of Education,” inserted “are developed . . . intervention supports to,” substituted “2007-2008” for “2002-2003,” and added the second sentence; extended the date of the repealer in the second paragraph from July 1, 2007, until July 1, 2010; and made a minor stylistic change.

The 2010 amendment deleted the last paragraph, which was the repealer for the section.

§ 37-11-55. Code of student conduct.

The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of each school year, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and shall be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:

Specific grounds for disciplinary action under the school district’s discipline plan;

Procedures to be followed for acts requiring discipline, including suspensions and expulsion, which comply with due process requirements;

An explanation of the responsibilities and rights of students with regard to: attendance; respect for persons and property; knowledge and observation of rules of conduct; free speech and student publications; assembly; privacy; and participation in school programs and activities;

Policies and procedures recognizing the teacher as the authority in classroom matters, and supporting that teacher in any decision in compliance with the written discipline code of conduct. Such recognition shall include the right of the teacher to remove from the classroom any student who, in the professional judgment of the teacher, is disrupting the learning environment, to the office of the principal or assistant principal. The principal or assistant principal shall determine the proper placement for the student, who may not be returned to the classroom until a conference of some kind has been held with the parent, guardian or custodian during which the disrupting behavior is discussed and agreements are reached that no further disruption will be tolerated. If the principal does not approve of the determination of the teacher to remove the student from the classroom, the student may not be removed from the classroom, and the principal, upon request from the teacher, must provide justification for his disapproval;

Policies and procedures for dealing with a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities;

Procedures for the development of behavior modification plans by the school principal, reporting teacher and student’s parent for a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities for a second time during the school year; and

Policies and procedures specifically concerning gang-related activities in the school, on school property or vehicles, or at school-related activities.

HISTORY: Laws, 1991, ch. 539, § 4; Laws, 2001, ch. 486, § 7; Laws, 2004, ch. 380, § 1, eff from and after July 1, 2004.

Editor’s Notes —

Laws of 2001, ch. 486, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi School Safety Act of 2001.’ ”

Amendment Notes —

The 2001 amendment, in the first paragraph, substituted “the 1992-1993 school year and each school year thereafter” for “each school year,” and “shall” for “may” preceeding “be made available”; in (a), inserted “under the school district’s discipline plan”; in (b), substituted “including suspensions and expulsion, which comply with due process requirements” for “and”; in (c), deleted “the right to learn” following “observation of rules of conduct”; and added (d), (e), (f) and (g).

The 2002 amendment reenacted the section; and substituted “July 1, 2004 ” for “July 1, 2002 ” and made other minor stylistic changes in (d).

The 2004 amendment deleted “This paragraph (d) shall be repealed on July 1, 2004” at the end of (d).

Cross References —

Suspension of pupils, see §37-9-71.

Expulsion of student possessing controlled substance or weapon or committing violent act, see §37-11-18.

Expulsion of habitually disruptive students, see §37-11-18.1.

Suspension or expulsion of student damaging school property, see §37-11-19.

School districts discipline plan, see §37-11-53.

OPINIONS OF THE ATTORNEY GENERAL

If a mandatory school uniform rule furthers a substantial, legitimate interest of the school district, as determined by the school board, then it is within the discretion of a school board, with proper notice, to prescribe the discipline to be administered for the violation of the rule or regulation; assuming that the child is financially able to purchase the required uniform, a school district may administer, subject to procedural due process, appropriate disciplinary measures for refusal to comply with the school rule, including suspension or expulsion; however, long term out-of-school suspension or expulsion for violation of a school uniform policy is not permitted. Smith, June 11, 1999, A.G. Op. #99-0274.

A school district has the authority to have a student tested for suspicion of using drugs without first securing the parent’s or guardian’s permission. Montgomery, Aug. 20, 2006, A.G. Op. 06-0513.

RESEARCH REFERENCES

ALR.

Right of action under Title IX of Education Amendments Act of 1972 (20 USCS §§ 1681 et seq.) against school or school district for sexual harassment of student by student’s peer. 141 A.L.R. Fed. 407.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

JUDICIAL DECISIONS

1. In general.

High school principal’s deletion from school-sponsored student newspaper of pages containing articles he reasonably considered objectionable did not violate student’s First Amendment rights. Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592, 1988 U.S. LEXIS 310 (U.S. 1988).

§ 37-11-57. Immunity of school personnel from liability for carrying out action in enforcing rules regarding control, discipline, suspension and expulsion of students [Effective until July 1, 2019].

  1. Except in the case of excessive force or cruel and unusual punishment, a public school teacher, assistant teacher, principal, or an assistant principal acting within the course and scope of his employment shall not be liable for any action carried out in conformity with state or federal law or rules or regulations of the State Board of Education or the local school board or governing board of a charter school regarding the control, discipline, suspension and expulsion of students. The local school board shall provide any necessary legal defense to a teacher, assistant teacher, principal, or assistant principal in the school district who was acting within the course and scope of his employment in any action which may be filed against such school personnel. A school district or charter school, as the case may be, shall be entitled to reimbursement for legal fees and expenses from its employee if a court finds that the act of the employee was outside the course and scope of his employment, or that the employee was acting with criminal intent. Any action by a school district or charter school against its employee and any action by the employee against the school district or charter school for necessary legal fees and expenses shall be tried to the court in the same suit brought against the school employee.
  2. Corporal punishment administered in a reasonable manner, or any reasonable action to maintain control and discipline of students taken by a public school teacher, assistant teacher, principal or assistant principal acting within the scope of his employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the local school board or governing board of a charter school does not constitute negligence or child abuse. No public school teacher, assistant teacher, principal or assistant principal so acting shall be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, or the taking of action to maintain control and discipline of a student, unless the court determines that the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety. For the purposes of this subsection, “corporal punishment” means the reasonable use of physical force or physical contact by a teacher, assistant teacher, principal or assistant principal, as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students.

HISTORY: Laws, 1991, ch. 539, § 5; Laws, 1994, ch. 607, § 16; Laws, 1997, ch. 512, § 1; Laws, 2013, ch. 497, § 57, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment in (1), inserted “public school” and “or governing board of a charter school” in the first sentence, inserted “in the school district who was” in the second sentence, inserted “or charter school, as the case may be” in the third sentence; in the last sentence, inserted “or charter school” twice; in (2), inserted “public school,” and “or governing board of a charter school” in the first sentence and inserted “public school” near the beginning of the second sentence.

Cross References —

Exemption of governmental entities from liability, see §11-46-9.

School district’s discipline plan, see §37-11-53.

Code of student conduct, see §37-11-55.

OPINIONS OF THE ATTORNEY GENERAL

The 1997 amendment to Miss. Code Section 37-11-57 (2) by House Bill No. 313, relating to corporal punishment, is prospective in application and not retroactive and can only be used as a defense to actions occurring after July 1, 1997, the effective date of the amendment. Dantin, Aug. 1, 1997, A.G. Op. #97-0461.

RESEARCH REFERENCES

ALR.

Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student. 47 A.L.R.5th 1.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

JUDICIAL DECISIONS

6. Illustrative cases.

When a teacher’s aide was escorting the autistic child to his classroom, the child became agitated while the aide continued to move him through the hallway. The child suffered bruises as a result of the teacher’s aide’s fully sensible attempts to restrain him, and no treatment or medication was warranted or prescribed for the bruises; the aide’s restraint of the child constituted control and discipline under Miss. Code Ann. §37-11-57, and the circuit court properly applied Miss. Code Ann. §11-46-9(1)(x) in finding that the actions taken did not constitute wanton and willful conduct such as to allow the parents to recover damages. Pigford v. Jackson Pub. Sch. Dist., 910 So. 2d 575, 2005 Miss. App. LEXIS 90 (Miss. Ct. App.), cert. denied, 920 So. 2d 1008, 2005 Miss. LEXIS 545 (Miss. 2005).

§ 37-11-57. Immunity of school personnel from liability for carrying out action in enforcing rules regarding control, discipline, suspension and expulsion of students [Effective July 1, 2019].

  1. Except in the case of excessive force or cruel and unusual punishment, a public school teacher, assistant teacher, principal, or an assistant principal acting within the course and scope of his employment shall not be liable for any action carried out in conformity with state or federal law or rules or regulations of the State Board of Education or the local school board or governing board of a charter school regarding the control, discipline, suspension and expulsion of students. The local school board shall provide any necessary legal defense to a teacher, assistant teacher, principal, or assistant principal in the school district who was acting within the course and scope of his employment in any action which may be filed against such school personnel. A school district or charter school, as the case may be, shall be entitled to reimbursement for legal fees and expenses from its employee if a court finds that the act of the employee was outside the course and scope of his employment, or that the employee was acting with criminal intent. Any action by a school district or charter school against its employee and any action by the employee against the school district or charter school for necessary legal fees and expenses shall be tried to the court in the same suit brought against the school employee.
  2. Corporal punishment administered in a reasonable manner, or any reasonable action to maintain control and discipline of students taken by a public school teacher, assistant teacher, principal or assistant principal acting within the scope of his employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the local school board or governing board of a charter school does not constitute negligence or child abuse. No public school teacher, assistant teacher, principal or assistant principal so acting shall be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, or the taking of action to maintain control and discipline of a student, unless the court determines that the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety. For the purposes of this subsection, “corporal punishment” means the reasonable use of physical force or physical contact by a teacher, assistant teacher, principal or assistant principal, as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students.
  3. Notwithstanding subsection (2) of this section a public school teacher, assistant teacher, principal, assistant principal or other school personnel is prohibited from using corporal punishment, as defined in subsection (2) of this section, on any student with a disability. No school personnel shall be granted immunity from liability under subsection (2) of this section for the use of corporal punishment on a student with a disability. For purposes of this subsection, the term “student with a disability” means a student who has an individualized education plan (IEP) under the Individuals with Disabilities Education Act (IDEA) or a Section 504 plan under the Rehabilitation Act of 1973. The term “school personnel” includes all individuals employed on a full-time or part-time basis by a public school.

HISTORY: Laws, 1991, ch. 539, § 5; Laws, 1994, ch. 607, § 16; Laws, 1997, ch. 512, § 1; Laws, 2013, ch. 497, § 57, eff from and after July 1, 2013; Laws, 2019, ch. 354, § 1, eff from and after July 1, 2019.

§ 37-11-59. Repealed.

Repealed by Laws, 1995, ch. 452, § 2, eff from and after July 1, 1995.

[Laws, 1994, ch. 607, § 15.]

Editor’s Notes —

Former §37-11-59 related to failure of parent, guardian or custodian to attend school conferences; penalty. For similar provisions, see §37-11-53.

§ 37-11-61. Local school districts and agricultural high schools to provide parents information about meningococcal disease; State Board of Health to develop information about meningococcal disease for distribution to parents.

  1. Local school boards shall ensure that all public schools and agricultural high schools provide parents and guardians with information about meningococcal disease and the effectiveness of vaccination against meningococcal disease.Such information may be provided through the school district Web site, student handbook or other appropriate means of dissemination of information.Such information shall be updated annually if new information on such disease is available.This information shall include the causes, symptoms and means by which meningococcal disease is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this section shall be construed to require a local school board or school to provide or purchase vaccine against meningococcal disease.
  2. The State Board of Health shall develop and make available educational materials appropriate for distribution so that the information required by this section can be provided to parents and guardians.The Department of Health may provide this information, at its discretion, electronically, on its Web site.Nothing in this section shall be construed to require the Department of Health to provide or purchase vaccine against meningococcal disease.

HISTORY: Laws, 2006, ch. 501, § 1; Laws, 2007, ch. 416, § 6; Laws, 2010, ch. 488, § 9, eff from and after July 1, 2010.

Amendment Notes —

The 2007 amendment extended the date of the repealer in the last paragraph from July 1, 2007, until July 1, 2010.

The 2010 amendment deleted the last paragraph, which was the repealer for the section.

Cross References —

State Board of Health generally, see §§41-3-1 et seq.

State Department of Health, see §41-3-15.

§ 37-11-63. Local school boards, school superintendents and school principals not permitted to prohibit teachers from discussing and answering questions about the origin of life.

No local school board, school superintendent or school principal shall prohibit a public school classroom teacher from discussing and answering questions from individual students on the origin of life.

HISTORY: Laws, 2006, ch. 554, § 3, eff from and after passage (approved Apr. 20, 2006.).

Cross References —

Local school boards not prohibited from allowing references to religion in public school courses, see §37-13-161.

§ 37-11-64. Prohibition against school administrators or other employees changing, altering or otherwise influencing grade received by student from teacher; exceptions; violation.

  1. No school board member, school superintendent, assistant superintendent, principal, guidance counselor, other teachers, coaches, or other administrative staff members of the school or the central staff of a local school board shall attempt, directly or indirectly, to change, alter, or otherwise affect the grade received by a student from his teacher except as otherwise specifically allowed by this section.
    1. A teacher’s determination of a student’s grade as a measure of the academic achievement or proficiency of the student shall not be altered or changed in any manner by any school official or employee other than the teacher except as provided in this subsection.
    2. A school official or employee having authority provided under formally adopted written rules and procedures adopted by the local school board to change a student’s grade can take such action only upon it being determined that the grade is an error or that the grade is demonstrably inconsistent with the teacher’s grading policy.
  3. Any local school district or personnel employed by the school district who violates the provisions of this section shall cause the local school district or school to be subject to losing its accreditation in the manner determined by the policies and procedures of the State Board of Education.

HISTORY: Laws, 2012, ch. 492, § 1, eff from and after July 1, 2012.

§ 37-11-65. Students in grades 7-12 to be suspended from participation in extracurricular or athletic activity for failure to maintain certain cumulative grade point average.

A student who is enrolled in any grade higher than Grade 6 in a school district in this state must be suspended from participation in any extracurricular or athletic activity sponsored or sanctioned by the school district after a semester in which the student’s cumulative grade point average is below a 2.0 on a 4.0 scale. The suspension from participation in extracurricular or athletic activities may not be removed until the student’s cumulative grade point average in a succeeding semester is 2.0 or higher on a 4.0 scale. A student with a cumulative grade point average below a 2.0 on a 4.0 scale at the semester of an academic school year shall be suspended from participation in extracurricular or athletic activities in the succeeding academic school year until the student’s cumulative grade point average is 2.0 or higher on a 4.0 scale.

HISTORY: Laws, 2009, ch. 516, § 2, eff from and after passage (approved Apr. 8, 2009.).

§ 37-11-66. Local school board adoption and implementation of written policy regarding school district’s requirement for awarding a minimum grade.

Each local school board shall adopt and implement a written policy with regard to the school district’s mandate or requirement for the awarding of a minimum grade which is in compliance with the grading policy requirement established by the State Board of Education Policy 403.

HISTORY: Laws, 2011, ch. 516, § 3, eff from and after July 1, 2011.

§ 37-11-67. Bullying or harassing behavior in public schools prohibited.

  1. As used in this section, “bullying or harassing behavior” is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, and that:
    1. Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
    2. Creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits. For purposes of this section, “hostile environment” means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
  2. No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.
  3. No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior.
  4. A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.
  5. A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official.
  6. Conduct described in subsection (1) of this section is considered bullying if that conduct interferes with a student’s education or substantially disrupts the operation of a school.

HISTORY: Laws, 2010, ch. 508, § 1; Laws, 2017, ch. 365, § 1, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment added (6).

Cross References —

Applicability of the provisions of this section to charter schools, see §37-28-45.

JUDICIAL DECISIONS

1. Duty to protect from bullying.

Examining discretionary-function immunity under Miss. Code Ann. §11-46-9(1)(d) and case law, the overarching function involved, holding students to strict account for disorderly conduct and preventing acts of bullying, is ministerial. And while Miss. Code Ann. §§37-11-67 and37-11-69 give a school district discretion as to how to prevent bullying, these statutes do not provide discretion as to whether to prevent bullying. Nor do these statutes override the ministerial statutory duty found in Miss. Code Ann. §37-9-69 to provide a safe school environment. Smith v. Leake Cnty. Sch. Dist., 195 So.3d 771, 2016 Miss. LEXIS 293 (Miss. 2016).

§ 37-11-69. Anti-bullying personnel and discipline policies and code of student conduct.

  1. Each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying or harassing behavior and adopt procedures for reporting, investigating and addressing such behavior, that:
    1. Prohibit the bullying of a student;
    2. Prohibit retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;
    3. Establish a procedure for providing notice of an incident of bullying to a parent or guardian of the victim and a parent or guardian of the bully within a reasonable amount of time after the incident;
    4. Establish the actions a student should take to obtain assistance and intervention in response to bullying;
    5. Set out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying;
    6. Establish procedures for reporting an incident of bullying, investigating a reported incident of bullying and determining whether the reported incident of bullying occurred;
    7. Prohibit the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student’s use of reasonable self-defense in response to the bullying; and
    8. Require that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 USCS Section 1400 et seq.).
  2. The policies must recognize the fundamental right of every student to take reasonable actions as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing.
  3. The procedure for reporting bullying established under subsection (1) of this section must be posted on the district’s Internet website.

HISTORY: Laws, 2010, ch. 508, § 2; Laws, 2017, ch. 365, § 2, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment divided the former section into subsections (1) and (2) and added (3); and in (1), in the introductory paragraph, deleted “Before December 31, 2010” from the beginning, made a related stylistic change, and added ‘that‘ at the end, and added (a) through (h).

JUDICIAL DECISIONS

1. Duty to protect from bullying.

Examining discretionary-function immunity under Miss. Code Ann. §11-46-9(1)(d) and case law, the overarching function involved, holding students to strict account for disorderly conduct and preventing acts of bullying, is ministerial. And while Miss. Code Ann. §§37-11-67 and37-11-69 give a school district discretion as to how to prevent bullying, these statutes do not provide discretion as to whether to prevent bullying. Nor do these statutes override the ministerial statutory duty found in Miss. Code Ann. §37-9-69 to provide a safe school environment. Smith v. Leake Cnty. Sch. Dist., 195 So.3d 771, 2016 Miss. LEXIS 293 (Miss. 2016).

§ 37-11-71. Mississippi Asthma and Anaphylaxis Child Safety Act; legislative findings and declarations; self-administration of asthma and anaphylaxis medication; policy regarding administration of auto-injectable epinephrine by authorized school personnel; school district requirements relating to children with asthma.

  1. This section shall be known and may be cited as the “Mississippi Asthma and Anaphylaxis Child Safety Act.”
  2. The Legislature finds:
    1. That anaphylaxis is a serious allergic reaction that is rapid in onset and may cause death. Common triggers of anaphylaxis include food, insect bites, certain medications, and latex, with food being the most common trigger in children. Forty percent (40%) to fifty percent (50%) of those diagnosed with a food allergy are judged to have a high risk of anaphylaxis, and children with an undiagnosed food allergy may experience a first reaction at school. In addition, children with asthma are more at risk for anaphylaxis. Over ten percent (10%) of Mississippi children ages zero (0) through seventeen (17) years are living with asthma.
    2. That epinephrine is the primary treatment for anaphylaxis with no absolute contraindication to its use for a life-threatening reaction. The National Institute of Allergy and Infectious Diseases recommends that epinephrine be given promptly to treat anaphylaxis because delays in the administration of epinephrine can result in rapid decline and death. The American Academy of Allergy, Asthma and Immunology recommends that epinephrine injectors should be included in all emergency medical treatment kits in schools. The American Academy of Pediatrics recommends that anaphylaxis medications should be kept in each school and made available to trained staff for administration in an emergency.
    3. Therefore, the Legislature declares it is the intent of this section to protect the health and life of children in their school environment through the use of protocols and standing orders for the emergency treatment of asthma, anaphylaxis, and all other life-threatening diseases.
  3. The school board of each local public school district and the governing body of each private and parochial school or school district shall permit the self-administration of asthma and anaphylaxis medication pursuant to the requirements of this section.
  4. As used in this section:
    1. “Parent” means parent or legal guardian.
    2. “Auto-injectable epinephrine” means a medical device for the immediate administration of epinephrine to a person at risk for anaphylaxis.
    3. “Asthma and anaphylaxis medication” means inhaled bronchodilator and auto-injectable epinephrine.
    4. “Self-administration of prescription asthma and/or anaphylaxis medication” means a student’s discretionary use of prescription asthma and/or anaphylaxis medication.
  5. A student with asthma and/or anaphylaxis is entitled to possess and self-administer prescription asthma and/or anaphylaxis medication while on school property, on school-provided transportation, or at a school-related event or activity if:
    1. The prescription asthma and/or anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication;
    2. The self-administration is done in compliance with the prescription or written instructions from the student’s physician or other licensed health care provider; and
    3. A parent of the student provides to the school:
      1. Written authorization, signed by the parent, for the student to self-administer prescription asthma and/or anaphylaxis medication while on school property or at a school-related event or activity;
      2. A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student’s self-administration of prescription asthma and/or anaphylaxis medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
      3. A written statement from the student’s physician or other licensed health care provider, signed by the physician or provider, that states:

      1. That the student has asthma and/or anaphylaxis and is capable of self-administering the prescription asthma and/or anaphylaxis medication;

      2. The name and purpose of the medication;

      3. The prescribed dosage for the medication;

      4. The times at which or circumstances under which the medication may be administered; and

      5. The period for which the medication is prescribed.

  6. The physician’s statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
  7. If a student uses his/her medication in a manner other than prescribed, he/she may be subject to disciplinary action under the school codes. The disciplinary action shall not limit or restrict the student’s immediate access to the medication.
  8. The school board of each local public school district and the governing body of each private and parochial school or school district shall adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine to a student who the school nurse or trained school employee, in good faith, believes is having an anaphylactic reaction, whether or not the student has a prescription for epinephrine.
  9. Each public, private and parochial school may maintain a supply of auto-injectable epinephrine at the school in a locked, secure, and easily accessible location. A licensed physician, including, but not limited to, Mississippi State Department of Health District Health Officers, may prescribe epinephrine auto-injectors in the name of the school system or the individual school to be maintained for use when deemed necessary under the provisions of this section.
  10. Each public, private and parochial school that maintains a supply of auto-injectable epinephrine at the school shall require at least one (1) employee at each school to receive training from a registered nurse or a licensed medical physician in the administration of auto-injectable epinephrine.
  11. The State Department of Education shall require each public school district to take the following actions relating to the management of asthma in the school setting:
    1. Require that each child with asthma have a current school asthma plan (SAP) on file at the child’s school for use by the school nurse, teachers and staff.Parents and guardians of a child with asthma are to have the child’s SAP developed and signed by the child’s health care provider.The SAP should include the child’s name, date, school, age, physician’s signature, parent’s signature, instructions to the school if coughing or wheezing, and indicate dosage and delivery method details.If pre-medication is required, the SAP shall indicate dosage and delivery method details.The SAP will recommend whether the student administers his or her own medication or that school personnel may administer medication. The SAP must be updated annually.
    2. Adopt an emergency protocol that includes instructions for all school staff to follow in case of a major medical emergency for asthma and all other life-threatening diseases.
    3. Fully implement subsections (3) through (7) of this section, , which authorizes the self-administration of asthma medication at school by students.
    4. Provide comprehensive, in-service training on asthma for teachers, school nurses, and other staff appointed by school administration. The training should include instruction on the use of school asthma plans (SAPs), the requirements of this section, emergency protocols for asthma and policies in effect in that school relating to asthma.
    5. Require school nurses to attend certified asthma educators training. The cost of the training required for school nurses shall be paid by the American Lung Association.
    6. Require local school health councils to conduct a school health needs assessment that addresses and supports the implementation of the following: healthy school environment, physical activity, staff wellness, counseling/psychological services, nutrition services, family/community involvement, health education and health services. The results of the assessment must be used in the development of long-range maintenance plans that include specific indoor air quality components for each school building.
    7. Require local school health councils to adopt and support the implementation of a local school wellness policy that includes minimizing children’s exposure to dust, gases, fumes and other pollutants that can aggravate asthma in the school setting. The policy must require the air quality and ventilation systems of schools to be assessed annually, which assessment may be accomplished with the Environmental Protection Agency’s Tools for Schools Indoor Air Quality Checklist. The policy also must minimize the use of hazardous substances such as, but not limited to, chemical cleaning products and pesticides in and around school buildings during the hours that children are present at school. The policy must require all school construction projects to implement containment procedures for dusts, gases, fumes and other pollutants that trigger asthma.
    8. Implement an integrated pest management program that includes procedural guidelines for pesticide application, education of building occupants and inspection and monitoring of pesticide applications. The integrated pest management program may limit the frequency, duration and volume of pesticide application on school grounds.
    9. Require school bus operators to minimize the idling of school bus engines to prevent exposure of children and adults to diesel exhaust fumes.
    10. Allow schools and school districts, with a valid prescription, to accept donated auto-injectable epinephrine from public or private entities, and seek and apply for grants to obtain funding for purchasing auto-injectable epinephrine.

HISTORY: Laws, 2010, ch. 512, § 2; Laws, 2014, ch. 464, § 1, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected statutory reference errors. In (11)(c), a reference to repealed section 41-79-31 was changed to read “subsections (3) through (7) of this section” and in (11)(d) it was changed to “this section.” The Joint Committee ratified the corrections at its July 24, 2014, meeting.

Amendment Notes —

The 2014 amendment added (1) through (10) and redesignated former (1) as (11); in (11)(a), substituted “Require” for “Recommend,” at the beginning and deleted “for the 2010-2011 school year, and require that each child with asthma have a current AAP on file at the child’s school for the 2011-2012 school year and each school year thereafter,” following “on file at the child’s school”; rewrote the third sentence, which read “The AAP should include the child’s asthma severity classification, current asthma medication and emergency contact information” and added the fourth sentence; in (11)(d); substituted “school nurses, and other staff appointed by school administration” for “assistant teachers, school nurses, administrators, and operations, maintenance and support staff”; in (11)(f), deleted the last two sentences, which read “The long-range maintenance plans must be included in the local school wellness policy. The long-range plans must be completed before January 1, 2012.”; in (11)(g), substituted “minimize” for “prohibit” near the beginning of the second sentence and deleted “not later than July 1, 2012,” following “implement containment procedures” near the end of the last sentence; rewrote (11)(j), which read, “Require coaches and physical education teachers to participate in the American Lung Association Coaches Care/Asthma 101 training by the 2011-2012 school year, subject to funding by the school district.”; and deleted (2), which read “This section shall stand repealed on July 1, 2014.”

§ 37-11-73. Disbursement of certain funds by school districts to nonprofit foundations under certain circumstances.

  1. This section applies only to those school districts in which there exists a foundation incorporated as a nonprofit organization, legally separate from any school district, which has as its sole purpose the receiving of grants, donations and gifts of real or personal property, or both, to be used and applied exclusively for educational purposes in a particular school district with the goals of enhancing the public educational experience of students and improving the quality of their instruction in that school district.
  2. Whenever an audit of a school district described under subsection (1) includes a finding that the foundation supporting the educational purposes of that school district is considered to be a blended component unit of the district, as determined by Section 2100 of the “Codification of Governmental Accounting and Financial Reporting Standards,” any funds belonging to the foundation which are transferred to the public funds of the school district upon the dissolution of the foundation due to the auditor’s finding may be disbursed to any successor foundation that subsequently is incorporated as a nonprofit entity if:
    1. The successor foundation adopts as its primary mission the same purpose and goals as the original foundation;
    2. The funds of the successor foundation are not subject to any oversight by the school board of the school district, nor shall any member of the local school board serve as a member of the foundation’s board of directors, and the successor foundation is structured legally in such a manner that the foundation is not considered, under generally accepted accounting principles, to be part of the school district;
    3. The funds that are the subject of the disbursement are to be used by the successor foundation in carrying out its purpose of enhancing the public educational experience and quality of the instruction available to students in the school district, which is a purpose recognized to be primarily a function of the government; and
    4. The precise amount of the principal of the funds to be disbursed, along with any interest that has been earned on the principal, less any amount previously obligated by the school district, has been determined through an independent analysis of the school district’s fund or funds to which the predecessor foundation’s funds were transferred.
  3. A disbursement of funds by a school district under this section is considered a disbursement made for a public purpose in consideration of the foundation’s aid to the school district in discharging the district’s governmental obligation to provide a quality education to the children of that school district.

HISTORY: Laws, 2011, ch. 408, § 1, eff from and after July 1, 2011.

§ 37-11-75. Certain nonpublic schools to include in driver’s education program instruction in how a person should properly respond when stopped by law enforcement officers.

Any nonpublic school accredited by the State Board of Education or any other accreditation agency that offers a driver’s education program shall include as part of such program the program developed by the Department of Public Safety under Section 37-25-29, related to how persons should properly respond when stopped by law enforcement officers.

HISTORY: Laws, 2017, ch. 430, § 12, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 430, § 14, provides:

“SECTION 14. Sections 1 through 12 of this act shall take effect and be in force from and after July 1, 2017. Section 13 of this act shall take effect and be in force from and after its passage [approved April 17, 2017].”

Chapter 12. Mississippi Student Religious Liberties Act of 2013

§ 37-12-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Student Religious Liberties Act of 2013.”

HISTORY: Laws, 2013, ch. 334, § 1, eff from and after July 1, 2013.

Federal Aspects—

Individuals with Disabilities Education Act (IDEA), see 20 USCS §§ 1400 et seq.

§ 37-12-3. Student expression.

A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. A school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

HISTORY: Laws, 2013, ch. 334, § 2, eff from and after July 1, 2013.

§ 37-12-5. Religious expression in class assignments.

Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work. If an assignment requires a student’s viewpoint to be expressed in coursework, artwork or other written or oral assignments, a public school shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, a student’s academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards of substance and relevance to the course curriculum or requirements of the coursework or assignment.

HISTORY: Laws, 2013, ch. 334, § 3, eff from and after July 1, 2013.

§ 37-12-7. Freedom to organize religious groups and activities.

Students in public schools may pray or engage in religious activities or religious expression before, during and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression. Students may organize prayer groups, religious clubs, “see you at the pole” gatherings, or other religious gatherings before, during and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students’ expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

Students in public schools may wear clothing, accessories and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories and jewelry that display messages or symbols are permitted.

HISTORY: Laws, 2013, ch. 334, § 4, eff from and after July 1, 2013.

§ 37-12-9. Limited public forum; school district policy.

  1. To ensure that the school district does not discriminate against a student’s publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student’s expression of a religious viewpoint, if any, a school district shall adopt a policy, which must include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum must also require the school district to:
    1. Provide the forum in a manner that does not discriminate against a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;
    2. Provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;
    3. Ensure that a student speaker does not engage in obscene, vulgar, offensively lewd or indecent speech; and
    4. State, in writing, orally, or both, that the student’s speech does not reflect the endorsement, sponsorship, position or expression of the district.
  2. The school district disclaimer required by subsection (1)(d) of this section must be provided at all graduation ceremonies. The school district must also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the district’s nonsponsorship of the student’s speech.
  3. Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.
  4. All school districts shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by subsection (5) of this section, the district is in compliance with the provisions of this chapter covered by the model policy.
  5. Model policy governing voluntary religious expression in public schools.— In this section, “model policy” means a local policy adopted by the school district that is substantially similar to the following:

    ARTICLE I

    STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS

    The school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

    ARTICLE II

    STUDENT SPEAKERS AT NONGRADUATION EVENTS

    The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion. Student speakers shall introduce:

    1. Football games;
    2. Any other athletic events designated by the district;
    3. Opening announcements and greetings for the school day; and
    4. Any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.

      ARTICLE III

      STUDENT SPEAKERS AT GRADUATION CEREMONIES

      The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.

      The forum shall be limited in the manner provided by this article.

      Only students who are graduating and who hold one (1) of the following neutral criteria positions of honor shall be eligible to use the limited public forum: student council officers, class officers of the graduating class, the top three (3) academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.

      The topic of the opening and closing remarks must be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.

      In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, will have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses must be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the student’s perspective on purpose, achievement, life, school, graduation, and looking forward to the future.

      The subject must be designated for each student speaker, the student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd or indecent speech. The school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

      A written disclaimer shall be printed in the graduation program that states, “The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students’ own choices. The content of each student speaker’s message is the private expression of the individual student and does not reflect any position or expression of the school district or the board of trustees, or the district’s administration, or employees of the district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers’ viewpoints on permissible subjects.”

      ARTICLE IV

      RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS

      Students may express the students’ beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the students’ submission. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students may not be penalized or rewarded on account of religious content. If a teacher’s assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.

      ARTICLE V

      FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES

      Students may organize prayer groups, religious clubs, “see you at the pole” gatherings, and other religious gatherings before, during and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the group’s expression. If student groups that meet for nonreligious activities are permitted to advertise or announce the groups’ meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities may not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.

      The forum shall be limited in the manner provided by this article.

      Only those students in the highest two (2) grade levels of the school and who hold one (1) of the following positions of honor based on neutral criteria are eligible to use the limited public forum: student council officers, class officers of the highest grade level in the school, captains of the football team, and other students holding positions of honor as the school district may designate.

      An eligible student shall be notified of the student’s eligibility, and a student who wishes to participate as an introducing speaker shall submit the student’s name to the student council or other designated body during an announced period of not less than three (3) days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one (1) week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.

      The subject of the student introductions must be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject must be designated, a student must stay on the subject, and the student may not engage in obscene, vulgar, offensively lewd or indecent speech. The school district shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

      For as long as there is a need to dispel confusion over the nonsponsorship of the student’s speech at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as, “The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position or expression of the school district.”

      Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat a student’s voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student’s voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

HISTORY: Laws, 2013, ch. 334, § 5, eff from and after July 1, 2013.

§ 37-12-11. No authority to require participation in religious activities or violate constitutional rights.

This chapter shall not be construed to authorize this state or any of its political subdivisions to do either of the following:

Require any person to participate in prayer or in any other religious activity.

Violate the constitutional rights of any person.

HISTORY: Laws, 2013, ch. 334, § 6, eff from and after July 1, 2013.

§ 37-12-13. No limitation on authority of public schools to maintain order, discipline and safety or to adopt and enforce student speech policies.

This chapter shall not be construed to limit the authority of any public school to do any of the following:

Maintain order and discipline on the campus of the public school in a content and viewpoint neutral manner.

Protect the safety of students, employees and visitors of the public school.

Adopt and enforce policies and procedures regarding student speech at school provided that the policies and procedures do not violate the rights of students as guaranteed by the United States and Mississippi constitutions and laws.

HISTORY: Laws, 2013, ch. 334, § 7, eff from and after July 1, 2013.

§ 37-12-15. Applicability of chapter.

This chapter applies beginning with the 2013-2014 school year.

HISTORY: Laws, 2013, ch. 334, § 8, eff from and after July 1, 2013.

Chapter 13. Curriculum; School Year and Attendance

In General

§ 37-13-1. Uniform system of free public schools.

There shall be maintained a uniform system of free public schools consisting of grades one through twelve, which may be divided between grammar schools, junior high schools and high schools, or any combination thereof, on such basis and in such grades as the board of trustees of the school district involved, in its discretion, shall deem necessary and desirable.

HISTORY: Codes, 1942, § 6216-01; Laws, 1953, Ex Sess, ch. 26, § 1, eff from and after July 1, 1954.

Cross References —

Authority for legislature to provide for maintenance and establishment of free public schools, see Miss. Const. Art. 8, § 201.

RESEARCH REFERENCES

ALR.

Validity of exaction of fees from children attending elementary or secondary public schools. 41 A.L.R.3d 752.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 6 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 3 et seq.

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

Seeking Educational Funding Equity in Mississippi: “I Asked for Water, You Gave Me Gasoline”. 58 Miss. L. J. 247, Fall 1988.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

2. Discipline.

1. In general.

Handicapped child’s right to education is guaranteed by state constitution, Article VIII, § 201, which is effectuated under §37-13-1, which provides for maintenance of uniform system of free public schools. Jackson v. Franklin County School Bd., 806 F.2d 623, 1986 U.S. App. LEXIS 36316 (5th Cir. Miss. 1986).

2. Discipline.

When a student was suspended after allegedly intentionally inflicting cuts on her arm, the student’s right to an education under Miss. Const. Art. VIII, § 201, effectuated by Miss. Code Ann. §37-13-1, was not violated because she was offered placement in an alternative school instead of the suspension. Foster v. Tupelo Pub. Sch. Dist., 569 F. Supp. 2d 667, 2008 U.S. Dist. LEXIS 42205 (N.D. Miss. 2008).

§ 37-13-3. Doctrinal, sectarian or denominational teaching.

No doctrinal, sectarian or denominational teaching shall be permitted in public schools of this state. It shall be the duty of the county superintendents of education and the superintendents of municipal separate school districts to enforce the provisions of this section.

HISTORY: Codes, 1942, § 6216-11; Laws, 1953, Ex Sess, ch. 26, § 11, eff from and after July 1, 1954.

Cross References —

County superintendents of education generally, see §§37-5-61 et seq.

Applicability of the provisions of this section to charter schools, see §37-28-45.

RESEARCH REFERENCES

ALR.

Giving of invocation with religious content at public-school-sponsored events to which public is invited or admitted as violation of establishment clause of First Amendment. 98 A.L.R. Fed. 206.

Constitutionality of teaching or suppressing teaching of Biblical creationism or Darwinian evolution theory in public schools. 102 A.L.R. Fed. 537.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 419, 420, 422, 431 et seq.

CJS.

78A C.J.S., Schools and School Districts § 1071-1073.

Law Reviews.

McMillan, With Religious Speech, Funding is Fundamental: Rosenberger v. Rector and Visitors of University of Virginia, 115 S. Ct. 2510 (1995), 17 Miss. C. L. Rev. 149, Fall, 1996.

Lawyers’ Edition.

Establishment and free exercise of religion clauses of Federal Constitution’s first Amendment as applied to public schools – Supreme Court Cases. 96 L. Ed. 2d 828.

JUDICIAL DECISIONS

1. In general.

State statute requiring public schools that teach evolution to teach “creation science” as well, advances religious doctrine in violation of First Amendment’s establishment of religion clause. Edwards v. Aguillard, 482 U.S. 578, 107 S. Ct. 2573, 96 L. Ed. 2d 510, 1987 U.S. LEXIS 2729 (U.S. 1987).

This section [Code 1942, § 6216-11] does not mean the teaching that mankind was spontaneously created by God is prohibited in state supported public schools. Smith v. State, 242 So. 2d 692, 1970 Miss. LEXIS 1390 (Miss. 1970).

§ 37-13-4. Voluntary participation in prayer generally.

It shall be lawful for any teacher or school administrator in any of the schools of the state which are supported, in whole or in part, by the public funds of the state, to permit the voluntary participation by students or others in prayer. Nothing contained in this section shall authorize any teacher or other school authority to prescribe the form or content of any prayer. The provisions of this section shall not be construed to amend or repeal the provisions of Section 37-13-4.1 but shall be considered as supplemental and in addition to the provisions of Section 37-13-4.1.

HISTORY: Laws, 1979, ch. 374; Laws, 1994, ch. 609, § 2, eff from and after July 1, 1994.

Cross References —

Voluntary prayer at school-related student events, see §37-13-4.1.

Religious matters in public school courses of study, see §§37-13-161 et seq.

Period of quiet reflection at opening of school day, see §37-13-8.

RESEARCH REFERENCES

ALR.

What constitutes “prayer” under federal constitutional prohibition of prayer in public schools. 30 A.L.R.3d 1352.

Giving of invocation with religious content at public-school-sponsored events to which public is invited or admitted as violation of establishment clause of First Amendment. 98 A.L.R. Fed. 206.

Constitutionality of regulation or policy governing prayer, meditation, or “moment of silence” in public schools. 110 A.L.R. Fed. 211.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 436, 437, 439.

CJS.

16 C.J.S., Constitutional Law § 345(3).

Law Reviews.

McMillan, With Religious Speech, Funding is Fundamental: Rosenberger v. Rector and Visitors of University of Virginia, 115 S. Ct. 2510 (1995), 17 Miss. C. L. Rev. 149, Fall, 1996.

Lawyers’ Edition.

Establishment and free exercise of religion clauses of Federal Constitution’s first Amendment as applied to public schools – Supreme Court Cases. 96 L. Ed. 2d 828.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

1. In general.

Equal Access Act (20 USCS §§ 4071-4074) prohibited high school from barring student religious group meetings on school premises, and did not violate First Amendment establishment clause; school maintained “limited open forum” within meaning of Act, therefore violated Act by denying students’ request to form religious club since school’s existing student groups included some which were “noncurriculum related” within definition of Act. Board of Educ. of Westside Community Schools v. Mergens, 496 U.S. 226, 110 S. Ct. 2356, 110 L. Ed. 2d 191, 1990 U.S. LEXIS 2880 (U.S. 1990).

2. Constitutionality.

Plaintiffs (students, parents and a civil liberties organization) were entitled to a preliminary injunction against enforcement of the school prayer statute ( §§37-13-4, 37-13-4.1) except at high school graduation or commencement services, since (1) they demonstrated a substantial likelihood that they would prevail on their establishment clause challenge, (2) they demonstrated a substantial threat of irreparable harm, (3) granting of the injunction would have no bearing on the students’ ability to freely exercise their existing First Amendment rights, and (4) the public interest would not be disserved by the issuance of an injunction aimed at preventing enforcement of a potentially unconstitutional statute. Ingebretsen v. Jackson Pub. Sch. Dist., 864 F. Supp. 1473, 1994 U.S. Dist. LEXIS 13561 (S.D. Miss. 1994), aff'd, 88 F.3d 274, 1996 U.S. App. LEXIS 379 (5th Cir. Miss. 1996).

Despite the entry of a consent decree prohibiting broadcasts of prayer, Bible readings or “other material of a religious devotional nature” over the public address systems of county schools, a justiciable controversy continued to exist over the constitutionality of §37-13-4 where the remedy afforded in the consent decree was more narrowly drawn than the ban on religious practices in the county schools requested by the complaint. Doe v. Stegall, 653 F.2d 180, 1981 U.S. App. LEXIS 18626 (5th Cir. Miss. 1981).

§ 37-13-4.1. Voluntary prayer at school-related student events.

  1. The legislative intent and purpose for this section is to protect the freedom of speech guaranteed by the First Amendment to the United States Constitution, to define for the citizens of Mississippi the rights and privileges that are accorded them on public school property, other public property or other property at school-related events; and to provide guidance to public school officials on the rights and requirements of law that they must apply. The intent and purpose of the Legislature is to accommodate the free exercise of religious rights of its student citizens in the public schools and at public school events as provided to them by the First Amendment to the United States Constitution and the judicial interpretations thereof as given by the United States Supreme Court.
  2. On public school property, other public property or other property, invocations, benedictions or nonsectarian, nonproselytizing student-initiated voluntary prayer shall be permitted during compulsory or noncompulsory school-related student assemblies, student sporting events, graduation or commencement ceremonies and other school-related student events.
  3. This section shall not diminish the right of any student or person to exercise his rights of free speech and religion, including prayer, as permitted by the United States Constitution, on public school property, other public property or other property, at times or events other than those stated in subsection (2) of this section.
  4. The exercise of the rights guaranteed under subsection (2) of this section shall not be construed to indicate any support, approval or sanction of the contents of any such prayer, invocation, benediction or other activity, or be construed as an unconstitutional use of any public property or other property by the State of Mississippi or any agency, department, board, commission, institution or other instrumentality thereof or any political subdivision of the state, including any county or municipality and any instrumentality thereof. The exercise of these rights on public school property, other public property or on other property for school-related activities, by students or others, shall not be construed as the promotion or establishment of any religion or religious belief.
  5. The provisions of this section are severable. If any part of this section is declared invalid or unconstitutional, that declaration shall not affect the part or parts that remain.

HISTORY: Laws, 1994, ch. 609, § 1, eff from and after July 1, 1994.

Cross References —

Voluntary participation in prayer generally, see §37-13-4.

Period of quiet reflection at opening of school day, see §37-13-8.

Religious matters in public school courses of study, see – §§37-13-161 et seq.

RESEARCH REFERENCES

ALR.

What constitutes “prayer” under federal constitutional prohibition of prayer in public schools. 30 A.L.R.3d 1352.

Constitutionality of regulation or policy governing prayer, meditation, or “moment of silence” in public schools. 110 A.L.R. Fed. 211.

JUDICIAL DECISIONS

1. In general.

Plaintiffs (students, parents and a civil liberties organization) were entitled to a preliminary injunction against enforcement of the school prayer statute ( §§37-13-4, 37-13-4.1) except at high school graduation or commencement services, since (1) they demonstrated a substantial likelihood that they would prevail on their establishment clause challenge, (2) they demonstrated a substantial threat of irreparable harm, (3) granting of the injunction would have no bearing on the students’ ability to freely exercise their existing First Amendment rights, and (4) the public interest would not be disserved by the issuance of an injunction aimed at preventing enforcement of a potentially unconstitutional statute. Ingebretsen v. Jackson Pub. Sch. Dist., 864 F. Supp. 1473, 1994 U.S. Dist. LEXIS 13561 (S.D. Miss. 1994), aff'd, 88 F.3d 274, 1996 U.S. App. LEXIS 379 (5th Cir. Miss. 1996).

§ 37-13-5. Display of Mississippi and United States flags; course of study.

  1. The flag of the State of Mississippi and the flag of the United States shall be displayed in close proximity to the school building at all times during the hours of daylight when the school is in session when the weather will permit without damage to the flag. It shall be the duty of the board of trustees of the school district to provide for the flags and their display.
  2. Whenever the flag of the United States is to be flown at half-staff by order or instructions of the President or pursuant to federal law, all public schools shall lower the United States flag in accordance with the executive order or instructions or federal law. The school shall announce the reason that the flag is being flown at half-staff to all students in assembly or by teachers in the various classrooms or by prominently displaying written notice throughout the school stating the reason that the flag has been lowered.
  3. In all public schools there shall be given a course of study concerning the flag of the United States and the flag of the State of Mississippi. The course of study shall include the history of each flag and what they represent and the proper respect therefor. There also shall be taught in the public schools the duties and obligations of citizenship, patriotism, Americanism and respect for and obedience to law.

HISTORY: Codes, 1942, § 6216-07; Laws, 1953, Ex Sess, ch. 26, § 7; Laws, 1970, ch. 360, § 1; Laws, 2002, ch. 457, § 2, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Student instruction in proper flag etiquette, see §37-13-6.

Applicability of the provisions of this section to charter schools, see §37-28-45.

Criminal offense of desecration of national or state flag, see §97-7-39.

OPINIONS OF THE ATTORNEY GENERAL

The statute clearly implies that the United States and Mississippi flags are to be properly raised and lowered on a flag pole outside of the school building. Janus, April 24, 1998, A.G. Op. #98-0168.

§ 37-13-6. Display of United States flag near public school buildings and in classrooms; student instruction in proper flag etiquette; daily recitation of pledge of allegiance at beginning of school day.

  1. The flag of the United States shall be displayed in close proximity to the school building, on a proper staff, at all times during the hours of daylight when the school is in session when the weather will permit without damage to the flag. In addition, the flag of the United States shall be displayed in each classroom and in each principal room of the school building at all times while school is in session. It shall be the duty of the school boards of each school district to provide for the flags, proper flag staffs and their proper display. Each school district shall provide student instruction in the proper etiquette toward, correct display of, and respect for the flag, and in patriotic exercises. The instruction shall be a part of the district’s fifth grade social studies curriculum or history curriculum, with the assistance of the State Department of Education.
  2. From and after July 1, 2002, the school boards of all public schools of this state shall require the teachers under their control to have all pupils repeat the oath of allegiance to the flag of the United States of America at the beginning of the first hour of class each day school is in session, such oath of allegiance being as follows:

    “I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

    Any student or teacher who objects to reciting the oath of allegiance shall be excused from participating without penalty.

HISTORY: Laws, 2002, ch. 457, § 1, eff from and after July 1, 2002.

Cross References —

Display of Mississippi and United States flags, course of study, see §37-13-5.

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-13-7. Pledges of allegiance to United States and Mississippi flags.

  1. The boards of trustees of the public schools of this state shall require the teachers under their control to have all pupils repeat the oath of allegiance to the flag of the United States of America at least once during each school month, such oath of allegiance being as follows:

    “I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

  2. The official pledge of the State of Mississippi shall read as follows:

    “I salute the flag of Mississippi and the sovereign state for which it stands with pride in her history and achievements and with confidence in her future under the guidance of Almighty God.”

    The pledge of allegiance to the Mississippi flag shall be taught in the public schools of this state, along with the pledge of allegiance to the United States flag.

HISTORY: Codes, 1942, §§ 6216-08, 6216-08.5; Laws, 1953, Ex Sess, ch. 26, § 8; Laws, 1960, ch. 391; Laws, 1962, ch. 492, §§ 1-3.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 312, 386, 387, 394, 396.

§ 37-13-8. Period of quiet reflection at opening of school day.

  1. In each public school classroom, the local school governing board may authorize a brief period of quiet reflection for not more than sixty (60) seconds at the opening of school upon every school day.
  2. The moment of quiet reflection authorized by subsection (1) of this section is not intended to be and shall not be conducted as a religious service or exercise but is considered an opportunity for a moment of silent reflection.

HISTORY: Laws, 2001, ch. 485, § 1, eff from and after July 1, 2001.

Cross References —

Voluntary participation in prayer at school or at school-related events, see §§37-13-4 and37-13-4.1.

Religious matters in public school courses of study, see §§37-13-161 et seq.

§ 37-13-9. Curriculum committee.

The state board of education is hereby authorized to appoint a curriculum committee, composed of professional and lay members, not to exceed seven in number, to make a continuous study of the curriculum of the public schools and to make recommendations to the state board of education from time to time as to changes which should be made in the curriculum in the grammar school grades and in the high school grades. The members of such committee as of July 1, 1954, shall continue to serve until the expiration of the terms for which they were appointed; thereafter the members of such committee shall be appointed and serve for a term of two years and until their successors are appointed. Each member of said committee shall receive a per diem of Fifteen Dollars ($15.00) for each day actually spent attending the meetings of the committee and, in addition, each member shall be reimbursed for actual travel expenses at the rate of Six cents ($.06) per mile for each mile traveled in attending the meetings of the committee. However, the total amount paid to any member of the committee for per diem shall not exceed the sum of One Hundred Fifty Dollars ($150.00) in any one year. The per diem and travel expenses provided for herein shall be paid out of such appropriation as may be made for such purpose by the legislature.

HISTORY: Codes, 1942, § 6216-03; Laws, 1953, Ex Sess, ch. 26, § 3, eff from and after July 1, 1954.

Cross References —

Duty of state board of education to adopt course of study to be used in state public schools, see §37-1-3.

Powers and duties of state textbook purchasing board, see §37-43-19.

RESEARCH REFERENCES

ALR.

Validity of sex education programs in public schools. 82 A.L.R.3d 579.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 419, 420, 422.

§ 37-13-10. Public elementary schools to provide instruction in cursive reading and writing; exceptions.

The State Board of Education is authorized and directed to require all public school districts to meet the following elementary education curriculum standard: The standard course of study shall include the requirement that the public schools provide instruction in cursive reading and writing, implemented across the curriculum, so that students create readable documents through legible cursive handwriting by the end of the fifth grade, and that students pass with proficiency a teacher-constructed test demonstrating the students competency in both reading and writing cursive. This requirement shall be applicable beginning with the 2018-2019 school year. The provisions of this section shall not be applicable to the Mississippi School for the Blind and the Mississippi School for the Deaf.

HISTORY: Laws, 2017, ch. 423, § 1, eff from and after July 1, 2017.

Editor’s Notes —

A former §37-13-10 [Laws, 1998, ch. 497, § 1; Laws, 2011, ch. 350, § 1; Laws, 2011, ch. 442, § 11, eff from and after July 1, 2011; Repealed by Laws of 2012, ch. 459, § 1, effective upon passage (approved April 23, 2012)] provided components of a reading sufficiency program of instruction to be implemented by the Board of Education.

§§ 37-13-11 through 37-13-17. Repealed.

Repealed by Laws, 1982, Ex Sess, ch. 17, § 44, eff from and after July 1, 1984.

§37-13-11. [Codes, 1942, § 6216-02; Laws, 1953, Ex Sess, ch. 26, § 2; Laws, 1962, ch. 336; Laws. 1964, ch. 381, § 1].

§37-13-13. [Codes, 1942, § 6216-02; Laws, 1953, Ex Sess, ch. 26, § 2; Laws, 1962, ch. 336; Laws, 1964, ch. 381, § 1].

§37-13-15. [Codes, 1942, § 6216-21; Laws, 1958, ch. 294, §§ 1, 2].

§37-13-17. [Codes, 1942, § 6216-02; Laws, 1953, Ex Sess, ch. 26, § 2; Laws, 1962, ch. 336; Laws, 1964, ch. 381, § 1].

Editor’s Notes —

Former §37-13-11 specified the required curriculum of grammar schools.

Former §37-13-13 specified the required curriculum in high schools.

Former §37-13-15 directed that history of Mississippi be taught in high schools.

Former §37-13-17 provided that music and art could be taught in schools.

§ 37-13-19. Local school districts may allow course credit for completion of National Guard basic training to certain students.

In addition to the curriculum otherwise required by law or the State Board of Education to be taught in the public schools of this state, the school board of a local school district may allow course credit to any high school student, who is a member of the National Guard and attends basic training camp during the summer between the end of the student’s junior year and the start of the student’s senior year of academic instruction.At the conclusion of the student’s basic training, the commanding officer of the National Guard unit of which the student is a reserve member shall provide evidence of the student’s completion of training to the local school district where the student is in attendance.Upon receipt of the evidence provided by the National Guard, the school district may award one (1) Carnegie unit of elective credit to the student.This elective credit may be applied along with the total number of Carnegie units required for the student to graduate.

HISTORY: Laws, 2012, ch. 344, § 1, eff from and after July 1, 2012.

Editor’s Notes —

A former §37-13-19 (Codes, 1942, § 6216-12; Laws, 1953, Ex Sess, ch. 26, § 12, repealed by Laws, 1982, Ex Sess, ch. 17, § 44, eff from and after July 1, 1984) provided for instruction in hygiene and physical education.

§ 37-13-20. Repealed.

Repealed by Laws, 2005, ch. 388, § 1, effective July 1, 2011.

§37-13-20. [Laws, 2005, ch. 388, § 1; Laws, 2006, ch. 400, § 1, eff from and after June 30, 2006.]

Editor’s Notes —

Former §37-13-20 established a pilot program to offer Italian language classes and was repealed by its own terms on July 1, 2011.

§ 37-13-21. Health education programs.

The State Board of Health and the various county health departments are hereby authorized and empowered to establish and provide for health education programs in the public school districts of this state and to employ county health educators for such purpose. In order to effectuate such programs the county superintendents of education of counties in which such programs have been established, with the approval of the county board of education, and the board of trustees of the municipal separate school districts are authorized and empowered, in their discretion, to cooperate and join with the said State Board of Health and the county health departments in such program. For such purposes the said county superintendents of education, with the approval of the county board of education, are hereby authorized and empowered to expend such funds as may be necessary from the common school funds of the county, and the board of trustees of municipal separate school districts are hereby authorized and empowered to expend such funds as may be necessary from the maintenance funds of such districts for the purpose of defraying the expenses of such cooperative health education programs. Those students whose parents or guardians shall make written application to the proper authorities on the ground that such program is inconsistent with the tenets and practices of the known religious organization with which they are affiliated shall not be required to participate in the program.

The State Board of Health and various county health departments shall have the power and authority to enter into such agreements and joint programs with the said county superintendents of education and boards of trustees of municipal separate school districts as may be necessary, proper and desirable in carrying out the purposes of this section, and in establishing and carrying on health education programs in the public school districts of this state, and the said county superintendents of education, with the approval and consent of the county board of education, and the board of trustees of municipal separate school districts shall have the power and authority to enter into such agreements and joint programs with each other and with the State Board of Health and county health departments as may be necessary for such purpose.

HISTORY: Codes, 1942, § 6667.5; Laws, 1950, ch. 384, §§ 1, 2; Laws, 2013, ch. 497, § 58, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment substituted “public school districts” for “public schools” in the first sentence of the first and second paragraphs.

Cross References —

State Board of Health generally, see §§41-3-1 et seq.

County department of health, see §§41-3-43,41-3-45,41-3-49 through41-3-53.

§§ 37-13-23 through 37-13-39. Repealed.

Repealed by Laws, 1982, Ex Sess, ch. 17, § 44, eff from and after July 1, 1984.

§§37-13-23 through37-13-33. [Codes, 1942, §§ 6679-6684; Laws, 1934, ch. 255].

§37-13-35. [Codes, 1942, § 6684.5; Laws, 1950, ch. 370, §§ 1-4].

§37-13-37. [Codes, 1942, § 10265-03; Laws, 1966, ch. 540, § 3].

§37-13-39. [Codes, 1942, §§ 6685, 6686; Laws, 1938, ch. 166; Laws, 1970, ch. 387, § 1].

Editor’s Notes —

Former §§37-13-23 through37-13-33 created the State temperance commission; directed the commission to prepare instructional material on debilitating effects of intoxicants; directed the utilization of such material in classrooms; directed that lectures on facts contained in the instructional material be held; provided for the printing and distribution of the material; and provided for an annual essay contest on effects of intoxicants.

Former §37-13-35 provided that the state board of education require instruction on effects of alcohol.

Former §37-13-37 provided that the state department of education require instruction on effects of intoxicating liquors.

Former §37-13-39 provided that the director of division of instruction supervise the teaching of effects of alcohol, narcotics and drugs.

§ 37-13-41. Reports by school superintendents as to type and amount of work performed in each grade.

All principals and/or superintendents of public schools in all school districts in Mississippi shall report to their county superintendent of education upon forms prepared and sent to the county superintendent of education by the director of the division of instruction, giving the type and amount of work done in each grade of their respective school, with other information that may be desired by the director. The county superintendents of education shall compile this information on forms sent out by the director. This shall be made in duplicate, one (1) copy to be sent to the director, and the other filed as other public records are filed in the county superintendents’ offices. This report shall be made to the director by the county superintendents of education not later than the first of June each year.

HISTORY: Codes, 1942, § 6687; Laws, 1938, ch. 166; Laws, 2013, ch. 497, § 59, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment substituted “public schools in all school districts in Mississippi” for “public schools of Mississippi” in the first sentence.

§§ 37-13-43 through 37-13-51. Repealed.

Repealed by Laws, 1978, ch. 325, § 1, eff from and after July 1, 1978.

§§37-13-43 through37-13-51. [Laws 1973, ch. 453, §§ 1 to 5]

Editor’s Notes —

Former §§37-13-43 through37-13-51 provided for the establishment of a drug education program in the public schools, the method of financing the program, and the training of drug education specialists. For present similar provisions pertaining to drug abuse education programs, see §41-29-169.

§§ 37-13-52 through 37-13-57. Repealed.

Repealed by Laws, 1982, Ex Sess, ch. 17, § 44, eff from and after July 1, 1984.

§§37-13-52 through37-13-57. [Laws, 1976, ch. 362, §§ 1-6]

Editor’s Notes —

Former §§37-13-52 through37-13-57 pertained to an economic education program.

§ 37-13-58. Career education; duties of department of education; office of career education.

  1. The state department of education is hereby designated as the state agency responsible for the administration and supervision of the career education concept as an educational innovation in the State of Mississippi. It is the intent of the legislature that all funds made available to the State of Mississippi, for the purpose of enhancing career education, be administered by the state department of education.
  2. Pursuant to the provisions of subsection (1) of this section, the state department of education is hereby authorized to establish an office of career education within the framework of the state department of education for the purpose of developing standards, procedures and criteria for the administration and supervision of a statewide program of career education in grades one (1) through twelve (12). The state department of education, through the office of career education, shall assume the further responsibility for promoting a statewide effort designed to prepare local school faculties and staffs to incorporate the career education concept into their local educational programs.

HISTORY: Laws, 1976, ch. 394, §§ 1, 2, eff from and after passage (approved April 29, 1976).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

State coordinator of career education, see §37-13-59.

Implementation of career education program by school districts, see §37-13-60.

Career information delivery system, see §37-13-60.1.

Vocational education generally, see §§37-31-1 et seq.

Civilian vocational education generally, see §§37-33-1 et seq.

Adult education generally, see §§37-35-1 et seq.

§ 37-13-59. Career education; state coordinator; cooperation by state colleges and universities.

Pursuant to the provisions of Section 37-13-58, the state department of education is hereby authorized to provide for the services of a state coordinator of career education and such other professional and nonprofessional staff as may be needed and as funds available to the department will permit. It shall be the responsibility of the state coordinator of career education to coordinate efforts of the personnel of the state department of education, the state’s colleges and universities, local public schools and other appropriate agencies to provide the services embraced by Sections 37-13-58 through 37-13-60. The state department of education and the state coordinator of career education will be responsible for the development of teacher education courses, both at the graduate and undergraduate levels, designed to familiarize teachers and prospective teachers with the career education concept and its application to their roles as teachers and prospective teachers. The state colleges and universities will consult and cooperate with the state department of education and state coordinator of career education in the development of these courses and in the responsibilities under Sections 37-13-58 through 37-13-60.

HISTORY: Laws, 1976, ch. 394, § 3, eff from and after passage (approved April 29, 1976).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Office of career education created, see §37-13-58.

Implementation of career education program by school districts, see §37-13-60.

Career information delivery system, see §37-13-60.1.

§ 37-13-60. Career education; implementation of program by school districts; funding.

In addition to all other authority, duties and powers the governing boards of the several school districts of this state may now have, each is hereby authorized and empowered to adopt plans for the implementation of a career education program as the same best suits the needs thereof and thereby to orient its system to the field of work. In so doing, the governing board shall operate within its regular budget, without the employment of additional personnel and out of any available funds, federal, state, local or private.

Nothing in Sections 37-13-58 through 37-13-60 shall be so construed as to prohibit the acceptance of contributions from the private business sector or cooperation therewith, including but not limited to seminars, tours, lectures and in-service training.

There will be cooperation between the state department of education, the state coordinator of career education and the governing boards of the several school districts in implementing this program as it best suits the needs of the individual districts.

Provided, further, the commission on school accreditation shall encourage the development of plans of career education and the implementation thereof, and shall be authorized to accredit same.

HISTORY: Laws, 1976, ch. 394, § 4, eff from and after passage (approved April 29, 1976).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Office of career education created, see §37-13-58.

State coordinator of career education, see §37-13-59.

Career information delivery system, see §37-13-60.1.

Commission on school accreditation, see §§37-17-1 et seq.

§ 37-13-60.1. Career information delivery system.

  1. The Mississippi State Occupational Information Coordinating Committee, hereinafter “SOICC,” is hereby designated as the entity responsible for the operation and management of an occupational information system to support career development in elementary schools, middle/junior high schools, high schools, postsecondary institutions and human service agencies pursuant to the Carl D. Perkins Vocational Education Act of 1984, Public Law 98-524, Section 422(b).
  2. SOICC shall develop and incorporate Mississippi-specific occupational and educational information to implement a career information delivery system for this state.
  3. SOICC shall train local staff in the use and operation of the career information delivery system in the career development process.
  4. SOICC shall establish the criteria pursuant to which appropriated funds will be distributed to local users of the career information delivery system.
  5. On or before January 1 of each year, SOICC shall report to the Senate Education Committee and the House Education Committee of the Mississippi Legislature its assessment of the effectiveness and usefulness of the career information delivery system in the advancement of career development for state public school students.
  6. SOICC is authorized to impose reasonable fees on users of the career information delivery system in order to defray a portion of the expense incurred in the operation and management of the career information delivery system.

HISTORY: Laws, 1989, ch. 400, § 1, eff from and after passage (approved March 14, 1989).

Cross References —

Office of career education created, see §37-13-58.

State coordinator of career education, see §37-13-59.

Implementation of career education program by school districts, see §37-13-60.

Federal Aspects—

Carl C. Perkins Vocational Education Act of 1984, see 20 USCS §§ 2301 et seq.

School Year and Attendance

§ 37-13-61. Date of opening and closing of school term; length of school term.

The local school board shall have the power and authority to fix the date for the opening and closing of the school term, subject to the minimum number of days which schools must be in session during a scholastic year, as prescribed under Section 37-13-63. However, local school boards are authorized to keep school in session in excess of the minimum number of days prescribed in Section 37-13-63.

HISTORY: Codes, 1942, §§ 6274-09, 6411-12; Laws, 1953, Ex Sess, ch. 16, § 9; ch. 23, § 12; Laws, 1981, ch. 499, § 9; Laws, 1986, ch. 492, § 85; Laws, 2006, ch. 417, § 10; reenacted without change, Laws, 2009, ch. 345, § 11; brought forward without change, Laws, 2011, ch. 313, § 4, eff from and after passage (approved Feb. 24, 2011.).

Editor’s Notes —

Laws of 1990, Chapter 589, § 38, amended this section effective July 1, 1990, provided that the Legislature, by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declare that sufficient funds were dedicated and made available for the implementation of Chapter 589. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions were not implemented. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Laws of 2006, ch. 417, § 15 provides:

“SECTION 15. This act shall take effect and be in force from and after July 1, 2006, and shall stand repealed on June 30, 2009.”

This section was brought forward without change by Laws of 2011, ch. 313, effective from and after February 24, 2011.

Amendment Notes —

The 2006 amendment rewrote the section to authorize local school boards to designate the opening and closing dates of the school term.

The 2009 amendment reenacted this section without change.

The 2011 amendment brought forward the section without change.

RESEARCH REFERENCES

ALR.

What constitutes a private, parochial, or denominational school within statute making attendance at such school a compliance with compulsory school attendance law. 65 A.L.R.3d 1222.

CJS.

78A C.J.S., Schools and School Districts § 1066.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-13-62. Repealed.

Repealed by Laws of 2014, ch. 442, § 9, effective March 26, 2014.

§37-13-62. [Laws, 2012, ch. 511, § 1, eff from and after July 1, 2012.]

Editor’s Notes —

Former §37-13-62 required that all public schools begin the school year on or after the third Monday in August.

§ 37-13-63. Minimum length of school term.

  1. Except as otherwise provided, all public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year.
  2. If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency and submit a plan for altering the school term. If the State Board of Education finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor’s or President’s disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board receive payment from the State Department of Education for per pupil expenditure for pupils in average daily attendance in excess of ten (10) days.

HISTORY: Codes, 1942, §§ 6274-10, 6411-12; Laws, 1953, Ex Sess, ch. 16, § 10; ch. 23, § 12; Laws, 1986, ch. 492, § 86; Laws, 1992, ch. 524, § 7; Laws, 2003, ch. 544, § 1; Laws, 2011, ch. 313, § 2, eff from and after passage (approved Feb. 24, 2011.).

Amendment Notes —

The 2003 amendment rewrote the section.

The 2011 amendment added “Except as otherwise provided” to the beginning of (1); in (2), twice inserted “or extreme weather emergency,”substituted “disaster or state of emergency” for “disaster emergency” and “notify the State Department of Education of the disaster or weather emergency” for “notify the State Department of Education of such disaster” in the first sentence, and substituted “or state of emergency declaration” for “declaration” and added the language beginning “however, in no instance of a declared disaster” at the end of the second sentence; and made minor stylistic changes.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Exemption from minimum school term length requirement for certain schools under certain circumstances, see §37-13-64.

Applicability of provisions of this section to charter schools, see §37-28-15.

Period of time during which school may be closed pursuant to governor’s order not being deducted from time schools are required to be operated during scholastic year, see §37-65-19.

Period of time during which school may be closed pursuant to order of district board of trustees not being deducted from time schools are required to be operated during scholastic year, see §37-65-117.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 1066.

§ 37-13-64. Exemption from minimum school term length requirement for certain schools under certain circumstances.

  1. Beginning with the 2010-2011 school term, any school district required to close the operation of its schools by decision of the superintendent, under the authority provided by the local school board, due to extreme weather conditions, in the best interests of the health and safety of the students, administration and staff of the school district, shall be exempt from the requirement that schools be kept in session a minimum of one hundred eighty (180) days.Any school district that closes its schools for reasons authorized under this section shall receive payment from the State Department of Education for per pupil expenditure for pupils in average daily attendance not to exceed ten (10) days.
  2. In the event weather conditions are cause for the closure of operations of schools in any local school district in any instance in which a state of emergency has not been declared pursuant to Section 37-151-7(3)(c), the State Board of Education may consider, on a case-by-case basis, requests submitted by local school districts to alter the school calendar consistent with the provision of that section.

HISTORY: Laws, 2011, ch. 313, § 1, eff from and after passage (approved Feb. 24, 2011.).

§ 37-13-65. Closing of schools for holidays and emergencies.

Upon application from the school board, the superintendent of schools may close any school because of an epidemic prevailing in the school district or because of the death, resignation, sickness or dismissal of a teacher or teachers or because of any other emergency necessitating the closing of the school. However, all such schools so closed shall operate for the required full time after being reopened during the scholastic year, unless the school board of the local school district submits a plan to alter the school term that is approved by the State Board of Education under the authority of Section 37-13-63(2).

HISTORY: Codes, 1942, §§ 6274-11, 6411-12; Laws, 1953, Ex Sess, ch. 16, § 11; ch. 23, § 12; Laws, 1981, ch. 499, § 10; Laws, 1986, ch. 492, § 87; Laws, 2011, ch. 313, § 3, eff from and after passage (approved Feb. 24, 2011.).

Amendment Notes —

The 2011 amendment added the language at the end of the second sentence beginning with “unless the school board of the local school district submits a plan to alter the school term.”

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 1066.

§ 37-13-67. Length of school day.

The number of hours of actual teaching which shall constitute a school day shall be determined and fixed by the board of trustees of the school district at not less than five and one-half (5-1/2) hours.

HISTORY: Codes, 1942, § 6274-12; Laws, 1953, Ex Sess, ch. 16, § 12; Laws, 2006, ch. 417, § 11; reenacted without change, Laws, 2009, ch. 345, § 12; Laws, 2014, ch. 442, § 1, eff from and after passage (approved March 26, 2014).

Editor’s Notes —

Laws of 2006, ch. 417, § 15 provides:

“SECTION 15. This act shall take effect and be in force from and after July 1, 2006, and shall stand repealed on June 30, 2009.”

This section was reenacted without change by Laws of 2009, ch. 345, § 12, effective from and after June 30, 2009.

Amendment Notes —

The 2006 amendment deleted the former first sentence, which read: “Twenty days of actual teaching in which both teachers and pupils are in regular attendance for scheduled school work shall constitute a scholastic month” and deleted “nor more than eight hours” from the end of the section.

The 2009 amendment reenacted this section without change.

The 2014 amendment substituted “five and one-half (5-1/2)” for “five (5)” at the end.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 1066.

§ 37-13-69. Observance of legal holidays.

All public schools of this state may observe such legal holidays as may be designated by the local school board, and no sessions of school shall be held on holidays so designated and observed. However, all schools shall operate for the full minimum term required by law exclusive of the holidays authorized by this section. The holidays thus observed shall not be deducted from the reports of the superintendents, principals and teachers, and such superintendents, principals and teachers shall be allowed pay for full time as though they had taught on those holidays. However, such holidays shall not be counted or included in any way in determining the average daily attendance of the school.

HISTORY: Codes, 1942, § 6216-09; Laws, 1953, Ex Sess, ch. 26, § 9; Laws, 2006, ch. 417, § 12; reenacted without change, Laws, 2009, ch. 345, § 13, eff from and after June 30, 2009.

Editor’s Notes —

This section was reenacted without change by Laws of 2009, ch. 345, § 13, effective June 30, 2009.

Laws of 2006, ch. 417, § 15 provides:

“SECTION 15. This act shall take effect and be in force from and after July 1, 2006, and shall stand repealed on June 30, 2009.”

Amendment Notes —

The 2006 amendment substituted “may be designated by the local school board” for “may be designated by the state board of education” in the first sentence; and made a minor stylistic change.

The 2009 amendment reenacted this section without change.

Cross References —

Legal holidays generally, see §3-3-7.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 156, 157.

CJS.

78A C.J.S., Schools and School Districts § 1042.

Mississippi Compulsory School Attendance Law

§ 37-13-80. Office of Dropout Prevention created; qualifications and responsibilities of director; date for implementation of dropout prevention program; local school district responsibilities; dropout prevention plan to address student transition to home school districts; legislative intent.

  1. There is created the Office of Dropout Prevention within the State Department of Education. The office shall be responsible for the administration of a statewide dropout prevention program.
  2. The State Superintendent of Public Education shall appoint a director for the Office of Dropout Prevention, who shall meet all qualifications established by the State Superintendent of Public Education and the State Personnel Board. The director shall be responsible for the proper administration of the Office of Dropout Prevention and any other regulations or policies that may be adopted by the State Board of Education. However, if for any reason within the two-year period beginning July 1, 2014, a new director for the Office of Dropout Prevention is employed by the department, the employment of such individual shall not be subject to the rules and regulations of the State Personnel Board, except as otherwise provided in Section 25-9-127(4).
  3. Each school district shall implement a dropout prevention program approved by the Office of Dropout Prevention of the State Department of Education by the 2012-2013, and annually thereafter, school year.
  4. Each local school district will be held responsible for reducing and/or eliminating dropouts in the district. The local school district will be responsible for the implementation of dropout plans focusing on issues such as, but not limited to:
    1. Dropout Prevention initiatives that focus on the needs of individual local education agencies;
    2. Establishing policies and procedures that meet the needs of the districts;
    3. Focusing on the student-centered goals and objectives that are measureable;
    4. Strong emphasis on reducing the retention rates in grades kindergarten, first and second;
    5. Targeting subgroups that need additional assistance to meet graduation requirements; and
    6. Dropout recovery initiatives that focus on students age seventeen (17) through twenty-one (21), who dropped out of school.
  5. The Office of Dropout Prevention may provide technical assistance upon written request by the local school district. The Office of Dropout Prevention will collaborate with program offices within the Mississippi Department of Education to develop and implement policies and initiatives to reduce the state’s dropout rate.
  6. Each school district’s dropout prevention plan shall address how students will transition to the home school district from the juvenile detention centers.
  7. It is the intent of the Legislature that, through the statewide dropout prevention program and the dropout prevention programs implemented by each school district, the graduation rate for cohort classes will be increased to not less than eighty-five percent (85%) by the 2018-2019 school year. The Office of Dropout Prevention shall establish graduation rate benchmarks for each two-year period from the 2008-2009 school year through the 2018-2019 school year, which shall serve as guidelines for increasing the graduation rate for cohort classes on a systematic basis to eighty-five percent (85%) by the 2018-2019 school year.

HISTORY: Laws, 2006, ch. 504, § 6; Laws, 2007, ch. 568, § 3; reenacted without change, Laws, 2009, ch. 345, § 14; Laws, 2011, ch. 442, § 12; Laws, 2012, ch. 461, § 1; Laws, 2014, ch. 491, § 6, eff from and after passage (approved April 15, 2014).

Editor’s Notes —

Laws of 2006, ch. 504, § 1(1), codified as §37-161-1(1) provides as follows:

“SECTION 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2007 amendment added (4) and (5) and redesignated former (4) as present (6).

The 2009 amendment reenacted this section without change.

The 2011 amendment deleted the former last sentence in (2) which read: “The director shall report to the Legislature on the activities and programs of the office by January 1 of each year beginning in 2009.”

The 2012 amendment deleted “and the Office of Compulsory School Attendance Enforcement” at the end of (1); substituted “2012-2013, and annually thereafter” for “2008-2009” near the end of (3); rewrote (4); added (5); and added “from the juvenile detention centers” to the end of (6).

The 2014 amendment added the last sentence in (2).

Cross References —

State Personnel Board generally, see §§25-9-101 et seq.

State Board of Education generally, see §37-1-1 et seq.

State Department of Education generally, see §37-3-1 et seq.

State superintendent of public education, see §§37-3-9,37-3-11.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

§ 37-13-80.1. Middle school dropout prevention and recovery pilot program; minimum necessary requirements of pilot program; development and implementation of alternative student performance accountability method to evaluate pilot program school districts.

  1. The State Board of Education shall implement a Middle School Dropout Prevention and Recovery Pilot Program in select “D” and “F” rated school districts selected by the State Board of Education. The purpose of the pilot program is to reengage students and increase the graduation rates in Mississippi through an educational program that provides vocational technology, flexible scheduling and a blended learning environment with individualized and self-paced learning options.
  2. Under the pilot program, the educational services and programming shall be provided by an education partner that is a nonprofit or for-profit entity approved by the State Board of Education. The local school board of the districts selected to participate in the pilot program shall be responsible for reporting enrollment to the State Department of Education, working with the education partner to align graduation requirements. The participating schools district shall be accredited by the Southern Association of Colleges and Schools as an indicator of quality instructional programming.
  3. The pilot program shall provide at least the following:
    1. Facilities that are easily accessible to the students being served;
    2. Flexible scheduling, including at least two (2) different program schedules;
    3. Differentiated instruction that shall include individualized, group and online instructional components;
    4. The capacity for assessing, recording and responding to the students’ academic progress on a daily basis using assessments that are aligned with state and local standards and requirements;
    5. A focus on serving a defined population of at-risk students who have dropped out or are likely to drop out of school in the foreseeable future without some type of intervention;
    6. Support services, including social workers and crisis intervention professionals who are trained to assist students in removing barriers to attending school and graduating;
    7. Vocational technology and other instructional models that are self-paced and mastery-based; and
    8. Individualized graduation plans to guide students to graduation with a standard high school diploma.
  4. Before the State Board of Education approves an applicant as an education partner, the applicant must demonstrate the following:
    1. A history providing dropout recovery services to high school students in public schools;
    2. At least two (2) years of relevant experience operating and providing services to brick-and-mortar public schools;
    3. At least two (2) years of relevant experience providing comprehensive online learning or vocational technology programs;
    4. Relevant experience serving diverse student populations, including socioeconomically disadvantaged students;
    5. An explanation of the steps taken by the applicant to ensure that its proposed instructional content is aligned with state standards;
    6. A plan for the recruitment and hiring of state-certified teachers, including hiring criteria;
    7. A plan for the recruitment and hiring of qualified administrators, including hiring criteria;
    8. A detailed description of the applicant’s plan to work with the participating local school districts and the State Board of Education to identify students who need to be served, to reengage those students, and to provide alternative education options for students at risk of dropping out. Students at risk of dropping out from their current schools may be transferred into the pilot program; and
    9. An operational plan that includes the following:
      1. The number and physical location of proposed sites and a list of the equipment required;
      2. A proposed program calendar and daily schedule and an explanation of how the calendar and schedule meet the needs of prospective students. The schedule must include at least four (4) hours per school day of on-site learning at a physical location;
      3. The student-to-teacher ratio;
      4. A description of each of the instructional methods to be used and number of hours per day for each method;
      5. A plan for differentiated instruction that must include individualized, group, and online instructional components;
      6. Capacity for assessing, recording, and responding to students’ academic progress on a daily basis using standard assessments;
      7. A detailed one-year budget;
      8. A system of competency-based credit; and
      9. A plan for aggregation and reporting of student performance data and reporting of financial activity.
    1. The State Board of Education shall develop and implement an alternative student performance accountability method to evaluate the performance and effectiveness of pilot program school districts that solely provide dropout prevention services and dropout recovery programs to at-risk students who have dropped out of or are likely to drop out of their base high school. Data and student results collected and compiled from the pilot program districts shall inform the State Board of Education in developing an alternative accountability method to apply statewide and in evaluating the success of the pilot program as a whole.
    2. The alternative accountability method shall only measure academic growth of students who have been continuously enrolled for a period of one hundred twenty (120) days. Students shall be assessed by pre-testing and post-testing at the beginning and end of the one hundred twenty-day enrollment period to measure student growth and shall apply beginning with the 2014-2015 school year.

HISTORY: Laws, 2014, ch. 536, § 4, eff from and after July 1, 2014.

§ 37-13-81. Office of Compulsory School Attendance Enforcement; creation.

There is created the Office of Compulsory School Attendance Enforcement within the Office of Dropout Prevention of the State Department of Education. The office shall be responsible for the administration of a statewide system of enforcement of the Mississippi Compulsory School Attendance Law (Section 37-13-91) and for the supervision of school attendance officers throughout the state.

HISTORY: Laws, 1998, ch. 566, § 1; reenacted without change, Laws, 2002, ch. 610, § 1; reenacted without change, Laws, 2004, ch. 552, § 1; Laws, 2006, ch. 504, § 7; reenacted without change, Laws, 2009, ch. 345, § 15, eff from and after June 30, 2009.

Editor’s Notes —

Section 19 of ch. 504, Laws of 2006, repeals this section effective June 30, 2009. Section 37-13-90 (§ 6 of ch. 552, Laws of 2004) also repeals this section, effective July 1, 2009. At the direction of the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, this section is set out above with a repeal date effective June 30, 2009, because it is the latest expression of legislative intent.

Laws of 2006, ch. 504, § 1(1), codified as §37-161-1(1), provides as follows:

“SECTION 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

This section was reenacted without change by Laws of 2009, ch. 345, § 15, effective from and after June 30, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment substituted “Office of Dropout Prevention of the State Department of Education” for “State Department of Education” in the first sentence.

The 2009 amendment reenacted this section without change.

Cross References —

State Department of Education generally, see §37-3-1 et seq.

Office of compulsory school attendance enforcement created, see §37-13-81.

Qualifications and duties of school attendance officers, see §37-13-89.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

§ 37-13-83. Director; qualifications; responsibilities.

The State Superintendent of Public Education shall appoint a director for the Office of Compulsory School Attendance Enforcement, who shall meet all qualifications established for school attendance officer supervisors and any additional qualifications that may be established by the State Superintendent of Public Education or State Personnel Board. The director shall be responsible for the proper administration of the Office of Compulsory School Attendance Enforcement in conformity with the Mississippi Compulsory School Attendance Law and any other regulations or policies that may be adopted by the State Board of Education. The director shall report directly to the Director of the Office of Dropout Prevention.

HISTORY: Laws, 1998, ch. 566, § 2; reenacted without change, Laws, 2002, ch. 610, § 2; reenacted without change, Laws, 2004, ch. 552, § 2; Laws, 2006, ch. 504, § 8; reenacted without change, Laws, 2009, ch. 345, § 16, eff from and after June 30, 2009.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error. The subsection number “(1)” that appeared at the beginning of the section was deleted (the section contained a (1), but not a (2)). The Joint Committee ratified the correction at its April 28, 1999 meeting.

Editor’s Notes —

Section 19 of ch. 504, Laws of 2006, repeals this section effective June 30, 2009. Section 37-13-90 (§ 6 of ch. 552, Laws of 2004) also repeals this section, effective July 1, 2009. At the direction of the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, this section is set out above with a repeal date effective June 30, 2009, because it is the latest expression of legislative intent.

Laws of 2006, ch. 504, § 1(1), codified as §37-161-1(1), provides as follows:

“SECTION 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

This section was reenacted without change by Laws of 2009, ch. 345, § 16, effective from and after June 30, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2006 amendment added the last sentence.

The 2009 amendment reenacted this section without change.

Cross References —

State Personnel Board generally, see §§25-9-101 et seq.

State Board of Education generally, see §§37-1-1 et seq.

State superintendent of public education, see §§37-3-9,37-3-11.

Office of Dropout Prevention, see §37-13-80.

Office of compulsory school attendance enforcement created, see §37-13-81.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

§ 37-13-85. Powers and duties.

The Office of Compulsory School Attendance Enforcement shall have the following powers and duties, in addition to all others imposed or granted by law:

To establish any policies or guidelines concerning the employment of school attendance officers which serve to effectuate a uniform system of enforcement under the Mississippi Compulsory School Attendance Law throughout the state, and to designate the number of school attendance officers which shall be employed to serve in each school district area;

To supervise and assist school attendance officer supervisors in the performance of their duties;

To establish minimum standards for enrollment and attendance for the state and each individual school district, and to monitor the success of the state and districts in achieving the required levels of performance;

To provide to school districts failing to meet the established standards for enrollment and attendance assistance in reducing absenteeism or the dropout rates in those districts;

To establish any qualifications, in addition to those required under Section 37-13-89, for school attendance officers as the office deems necessary to further the purposes of the Mississippi Compulsory School Attendance Law;

To develop and implement a system under which school districts are required to maintain accurate records that document enrollment and attendance in such a manner that the records reflect all changes in enrollment and attendance, and to require school attendance officers to submit information concerning public school attendance on a monthly basis to the office;

To prepare the form of the certificate of enrollment required under the Mississippi Compulsory School Attendance Law and to furnish a sufficient number of the certificates of enrollment to each school attendance officer in the state;

To provide to the State Board of Education statistical information concerning absenteeism, dropouts and other attendance-related problems as requested by the State Board of Education;

To provide for the certification of school attendance officers;

To provide for a course of training and education for school attendance officers, and to require successful completion of the course as a prerequisite to certification by the office as school attendance officers;

To adopt any guidelines or policies the office deems necessary to effectuate an orderly transition from the supervision of school attendance officers by district attorneys to the supervision by the school attendance officer supervisors;

Beginning on July 1, 1998, to require school attendance officer supervisors to employ persons employed by district attorneys before July 1, 1998, as school attendance officers without requiring such persons to submit an application or interview for employment with the State Department of Education;

To adopt policies or guidelines linking the duties of school attendance officers to the appropriate courts, law enforcement agencies and community service providers; and

To adopt any other policies or guidelines that the office deems necessary for the enforcement of the Mississippi Compulsory School Attendance Law; however, the policies or guidelines shall not add to or contradict with the requirements of Section 37-13-91.

HISTORY: Laws, 1998, ch. 566, § 3; reenacted without change, Laws, 2002, ch. 610, § 3; reenacted without change, Laws, 2004, ch. 552, § 3; reenacted without change, Laws, 2009, ch. 345, § 17; Laws, 2010, ch. 421, § 1; Laws, 2011, ch. 442, § 13, eff from and after July 1, 2011.

Editor’s Notes —

For repeal of this section, see §37-13-90.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2009 amendment reenacted this section without change.

The 2010 amendment substituted “before the last day of January following the preceding school year” for “before the first day of July for the immediately preceding school year” in (h).

The 2011 amendment deleted former (h) which read: “To publish a report each year on the work of school attendance officers in each school district concerning enforcement of the Mississippi Compulsory School Attendance Law. The report shall include: figures reflecting school attendance violations and reductions or increases in the school dropout rates; information describing attendance-related problems and proposed solutions for those problems; and any other information that the State Department of Education may require. The report shall be submitted to the State Board of Education and the Education Committees of the Senate and House of Representatives before the last day of January following the preceding school year”; and redesignated the remaining paragraphs accordingly.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-31-1 et seq.

Qualifications and duties of school attendance officers, see §37-13-89.

Mississippi compulsory school attendance law, see §37-13-91.

§ 37-13-87. District office supervisors; powers and duties; qualifications; salaries.

  1. The Director of the Office of Compulsory School Attendance Enforcement shall employ three (3) school attendance officer supervisors, each to maintain an office within a different Supreme Court district. Each supervisor shall be responsible for the enforcement of the Mississippi Compulsory School Attendance Law within his district and shall exercise direct supervision over the school attendance officers in the district. The supervisors, who shall report to the director of the office, shall assist the school attendance officers in the performance of their duties as established by law or otherwise.
  2. No person having less than eight (8) years combined actual experience as a school attendance officer, school teacher, school administrator, law enforcement officer possessing a college degree with a major in a behavioral science or a related field, and/or social worker in the state shall be employed as a school attendance officer supervisor. Further, a school attendance officer supervisor shall possess a college degree with a major in a behavioral science or a related field or shall have actual experience as a school teacher, school administrator, law enforcement officer possessing such degree or social worker; however, these requirements shall not apply to persons employed as school attendance officers before January 1, 1987. School attendance officers shall meet any additional qualifications established by the State Personnel Board for school attendance officers or school attendance officer supervisors. The school attendance officer supervisors shall receive an annual salary to be set by the State Superintendent of Public Education, subject to the approval of the State Personnel Board.

HISTORY: Laws, 1998, ch. 566, § 4; reenacted without change, Laws, 2002, ch. 610, § 4; reenacted without change, Laws, 2004, ch. 552, § 4; reenacted without change, Laws, 2009, ch. 345, § 18, eff from and after June 30, 2009.

Editor’s Notes —

For repeal of this section, see §37-13-90.

This section was reenacted without change by Laws of 2009, ch. 345, § 18, effective from and after June 30, 2009.

Amendment Notes —

The 2004 amendment reenacted the section without change.

The 2009 amendment reenacted this section without change.

Cross References —

State Personnel Board generally, see §§25-9-101 et seq.

Qualifications and responsibilities of director of office of compulsory school attendance enforcement, see §37-13-83.

Qualifications and duties of school attendance officers, see §37-13-89.

Mississippi compulsory school attendance law, see §37-13-91.

§ 37-13-89. School attendance officers; qualifications; duties; salaries.

  1. In each school district within the state, there shall be employed the number of school attendance officers determined by the Office of Compulsory School Attendance Enforcement to be necessary to adequately enforce the provisions of the Mississippi Compulsory School Attendance Law; however, this number shall not exceed one hundred fifty-three (153) school attendance officers at any time. From and after July 1, 1998, all school attendance officers employed pursuant to this section shall be employees of the State Department of Education. The State Department of Education shall employ all persons employed as school attendance officers by district attorneys before July 1, 1998, and shall assign them to school attendance responsibilities in the school district in which they were employed before July 1, 1998. The first twelve (12) months of employment for each school attendance officer shall be the probationary period of state service.
    1. The State Department of Education shall obtain current criminal records background checks and current child abuse registry checks on all persons applying for the position of school attendance officer after July 2, 2002. The criminal records information and registry checks must be kept on file for any new hires. In order to determine an applicant’s suitability for employment as a school attendance officer, the applicant must be fingerprinted. If no disqualifying record is identified at the state level, the Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history record check. The applicant shall pay the fee, not to exceed Fifty Dollars ($50.00), for the fingerprinting and criminal records background check; however, the State Department of Education, in its discretion, may pay the fee for the fingerprinting and criminal records background check on behalf of any applicant. Under no circumstances may a member of the State Board of Education, employee of the State Department of Education or any person other than the subject of the criminal records background check disseminate information received through any such checks except insofar as required to fulfill the purposes of this subsection.
    2. If the fingerprinting or criminal records check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the applicant is not eligible to be employed as a school attendance officer. Any employment of an applicant pending the results of the fingerprinting and criminal records check is voidable if the new hire receives a disqualifying criminal records check. However, the State Board of Education, in its discretion, may allow an applicant aggrieved by an employment decision under this subsection to appear before the board, or before a hearing officer designated for that purpose, to show mitigating circumstances that may exist and allow the new hire to be employed as a school attendance officer. The State Board of Education may grant waivers for mitigating circumstances, which may include, but are not necessarily limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the person to perform the responsibilities of a school attendance officer competently and that the person does not pose a threat to the health or safety of children.
    3. A member of the State Board of Education or employee of the State Department of Education may not be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.
  3. Each school attendance officer shall possess a college degree with a major in a behavioral science or a related field or shall have no less than three (3) years combined actual experience as a school teacher, school administrator, law enforcement officer possessing such degree, and/or social worker; however, these requirements shall not apply to persons employed as school attendance officers before January 1, 1987. School attendance officers also shall satisfy any additional requirements that may be established by the State Personnel Board for the position of school attendance officer.
  4. It shall be the duty of each school attendance officer to:
    1. Cooperate with any public agency to locate and identify all compulsory-school-age children who are not attending school;
    2. Cooperate with all courts of competent jurisdiction;
    3. Investigate all cases of nonattendance and unlawful absences by compulsory-school-age children not enrolled in a nonpublic school;
    4. Provide appropriate counseling to encourage all school-age children to attend school until they have completed high school;
    5. Attempt to secure the provision of social or welfare services that may be required to enable any child to attend school;
    6. Contact the home or place of residence of a compulsory-school-age child and any other place in which the officer is likely to find any compulsory-school-age child when the child is absent from school during school hours without a valid written excuse from school officials, and when the child is found, the officer shall notify the parents and school officials as to where the child was physically located;
    7. Contact promptly the home of each compulsory-school-age child in the school district within the officer’s jurisdiction who is not enrolled in school or is not in attendance at public school and is without a valid written excuse from school officials; if no valid reason is found for the nonenrollment or absence from the school, the school attendance officer shall give written notice to the parent, guardian or custodian of the requirement for the child’s enrollment or attendance;
    8. Collect and maintain information concerning absenteeism, dropouts and other attendance-related problems, as may be required by law or the Office of Compulsory School Attendance Enforcement; and
    9. Perform all other duties relating to compulsory school attendance established by the State Department of Education or district school attendance supervisor, or both.
  5. While engaged in the performance of his duties, each school attendance officer shall carry on his person a badge identifying him as a school attendance officer under the Office of Compulsory School Attendance Enforcement of the State Department of Education and an identification card designed by the State Superintendent of Public Education and issued by the school attendance officer supervisor. Neither the badge nor the identification card shall bear the name of any elected public official.
  6. The State Personnel Board shall develop a salary scale for school attendance officers as part of the variable compensation plan. The various pay ranges of the salary scale shall be based upon factors including, but not limited to, education, professional certification and licensure, and number of years of experience. School attendance officers shall be paid in accordance with this salary scale. The minimum salaries under the scale shall be no less than the following:
    1. For school attendance officers holding a bachelor’s degree or any other attendance officer who does not hold such a degree, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:

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    2. For school attendance officers holding a license as a social worker, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:

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    3. For school attendance officers holding a master’s degree in a behavioral science or a related field, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:

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    1. Each school attendance officer employed by a district attorney on June 30, 1998, who became an employee of the State Department of Education on July 1, 1998, shall be awarded credit for personal leave and major medical leave for his continuous service as a school attendance officer under the district attorney, and if applicable, the youth or family court or a state agency. The credit for personal leave shall be in an amount equal to one-third (1/3) of the maximum personal leave the school attendance officer could have accumulated had he been credited with such leave under Section 25-3-93 during his employment with the district attorney, and if applicable, the youth or family court or a state agency. The credit for major medical leave shall be in an amount equal to one-half (1/2) of the maximum major medical leave the school attendance officer could have accumulated had he been credited with such leave under Section 25-3-95 during his employment with the district attorney, and if applicable, the youth or family court or a state agency. However, if a district attorney who employed a school attendance officer on June 30, 1998, certifies, in writing, to the State Department of Education that the school attendance officer had accumulated, pursuant to a personal leave policy or major medical leave policy lawfully adopted by the district attorney, a number of days of unused personal leave or major medical leave, or both, which is greater than the number of days to which the school attendance officer is entitled under this paragraph, the State Department of Education shall authorize the school attendance officer to retain the actual unused personal leave or major medical leave, or both, certified by the district attorney, subject to the maximum amount of personal leave and major medical leave the school attendance officer could have accumulated had he been credited with such leave under Sections 25-3-93 and 25-3-95.
    2. For the purpose of determining the accrual rate for personal leave under Section 25-3-93 and major medical leave under Section 25-3-95, the State Department of Education shall give consideration to all continuous service rendered by a school attendance officer before July 1, 1998, in addition to the service rendered by the school attendance officer as an employee of the department.
    3. In order for a school attendance officer to be awarded credit for personal leave and major medical leave or to retain the actual unused personal leave and major medical leave accumulated by him before July 1, 1998, the district attorney who employed the school attendance officer must certify, in writing, to the State Department of Education the hire date of the school attendance officer. For each school attendance officer employed by the youth or family court or a state agency before being designated an employee of the district attorney who has not had a break in continuous service, the hire date shall be the date that the school attendance officer was hired by the youth or family court or state agency. The department shall prescribe the date by which the certification must be received by the department and shall provide written notice to all district attorneys of the certification requirement and the date by which the certification must be received.
    1. School attendance officers shall maintain regular office hours on a year-round basis; however, during the school term, on those days that teachers in all of the school districts served by a school attendance officer are not required to report to work, the school attendance officer also shall not be required to report to work. (For purposes of this subsection, a school district’s school term is that period of time identified as the school term in contracts entered into by the district with licensed personnel.) A school attendance officer shall be required to report to work on any day recognized as an official state holiday if teachers in any school district served by that school attendance officer are required to report to work on that day, regardless of the school attendance officer’s status as an employee of the State Department of Education, and compensatory leave may not be awarded to the school attendance officer for working during that day. However, a school attendance officer may be allowed by the school attendance officer’s supervisor to use earned leave on such days.
    2. The State Department of Education annually shall designate a period of six (6) consecutive weeks in the summer between school years during which school attendance officers shall not be required to report to work. A school attendance officer who elects to work at any time during that period may not be awarded compensatory leave for such work and may not opt to be absent from work at any time other than during the six (6) weeks designated by the department unless the school attendance officer uses personal leave or major medical leave accrued under Section 25-3-93 or 25-3-95 for such absence.
  9. The State Department of Education shall provide all continuing education and training courses that school attendance officers are required to complete under state law or rules and regulations of the department.

Years of Experience Salary 0-4 years $19,650.00 5-8 years 21,550.00 9-12 years 23,070.00 13-16 years 24,590.00 Over 17 years 26,110.00

Years of Experience Salary 0-4 years $20,650.00 5-8 years 22,950.00 9-12 years 24,790.00 13-16 years 26,630.00 17-20 years 28,470.00 Over 21 years 30,310.00

Years of Experience Salary 0-4 years $21,450.00 5-8 years 24,000.00 9-12 years 26,040.00 13-16 years 28,080.00 17-20 years 30,120.00 Over 21 years 32,160.00

HISTORY: Laws, 1998, ch. 566, § 5; Laws, 1999, ch. 529, § 1; reenacted and amended, Laws, 2002, ch. 576, § 1; reenacted without change, Laws, 2002, ch. 610, § 5; reenacted without change, Laws, 2004, ch. 552, § 5; reenacted without change, Laws, 2009, ch. 345, § 19; Laws, 2014, ch. 491, § 8, eff from and after passage (approved April 15, 2014).

Joint Legislative Committee Note —

Section 1 of ch. 576, Laws of 2002, eff from and after July 2, 2002 (approved April 11, 2002), amended this section. Section 5 of ch. 610, Laws of 2002, eff from and after July 1, 2002 (approved April 25, 2002), also amended this section. As set out above, this section reflects the language of Section 5 of ch. 610, Laws of 2002, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in subdivision (2)(b). The reference to “ Section 45-33-23(g)” was changed to “ Section 45-33-23(h).” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

For repeal of this section, see §37-13-90.

This section was reenacted without change by Laws of 2009, ch. 345, § 19, effective from and after June 30, 2009.

Amendment Notes —

The 1999 amendment rewrote (5); and added (6), (7) and (8).

The first 2002 amendment (ch. 576) rewrote the section.

The second 2002 amendment (ch. 610) reenacted the section without change.

The 2004 amendment reenacted the section without change.

The 2009 amendment reenacted this section without change.

The 2014 amendment substituted “six (6)” for “two (2)” twice in (8)(b).

Cross References —

State Personnel Board generally, see §§25-9-101 et seq.

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

State superintendent of public education generally, see §§37-3-9,37-3-11.

Office of compulsory school attendance enforcement, see §37-13-81.

Mississippi Compulsory School Attendance Law see §37-13-91.

Training and education course for school attendance officers, see §37-13-107.

Department of Public Safety generally, see §§45-1-1 et seq.

§ 37-13-90. Repealed.

Repealed by Laws, 2009, ch. 345, s. 37, effective June 30, 2009.

§37-13-90. [Laws, 2002, ch. 610, § 7; Laws, 2004, ch. 552, § 6, eff from and after July 1, 2004.]

Editor’s Notes —

Former37-13-90 provided for the repeal of §§37-13-81 through37-13-90, effective July 1, 2009.

§ 37-13-91. Compulsory school attendance requirements generally; enforcement of law.

  1. This section shall be referred to as the “Mississippi Compulsory School Attendance Law.”
  2. The following terms as used in this section are defined as follows:
    1. “Parent” means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.
    2. “Guardian” means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.
    3. “Custodian” means any person having the present care or custody of a child, other than a parent or guardian of the child.
    4. “School day” means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.
    5. “School” means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the “nonpublic” school term shall be the number of days that each school shall require for promotion from grade to grade.
    6. “Compulsory-school-age child” means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program.
    7. “School attendance officer” means a person employed by the State Department of Education pursuant to Section 37-13-89.
    8. “Appropriate school official” means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster.
    9. “Nonpublic school” means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.
  3. A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances:
    1. When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation.
    2. When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children.
    3. When a compulsory-school-age child is being educated in a legitimate home instruction program.

      The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or nonpublic school shall complete a “certificate of enrollment” in order to facilitate the administration of this section.

      The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only:

      1. The name, address,telephone number and date of birth of the compulsory-school-age child;
      2. The name, addressand telephone number of the parent, guardian or custodian of the compulsory-school-agechild;
      3. A simple descriptionof the type of education the compulsory-school-age child is receivingand, if the child is enrolled in a nonpublic school, the name andaddress of the school; and
      4. The signatureof the parent, guardian or custodian of the compulsory-school-agechild or, for any or all compulsory-school-age child or children attendinga charter school or nonpublic school, the signature of the appropriateschool official and the date signed.

      The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.

      For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.

  4. An “unlawful absence” is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-seven percent (37%) of the instructional day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an “excused” absence under this section. This subsection shall not apply to children enrolled in a nonpublic school.

    Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:

    1. An absence is excused when the absence results from the compulsory-school-age child’s attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.
    2. An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.
    3. An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.
    4. An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.
    5. An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child.
    6. An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.
    7. An absence may be excused if the religion to which the compulsory-school-age child or the child’s parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion’s observance is of such duration as to interfere with the education of the child.
    8. An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld.
    9. An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child’s nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.
    10. An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor.
    11. An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate.
  5. Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.

    Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child’s parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child’s enrollment or attendance.

  6. If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent or his designee shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
  7. When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92.
  8. The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section.
  9. Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program.

HISTORY: Laws, 1977, ch. 483, § 1; Laws, 1982, Ex Sess, ch. 17, § 21; Laws, 1987, ch. 460; Laws, 1991, ch. 308, § 1; Laws, 1991, ch. 539, § 2; Laws, 1992, ch. 516, § 1; Laws, 1992, ch. 524, § 8; Laws, 1993, ch. 543, § 3; Laws, 1994, ch. 604, § 1; Laws, 1995, ch. 570, § 1; Laws, 1998, ch. 566, § 6; Laws, 2000, ch. 397, § 1; Laws, 2003, ch. 397, § 1; Laws, 2009, ch. 526, § 1; Laws, 2013, ch. 495, § 12; Laws, 2013, ch. 497, § 60; Laws, 2013, ch. 559, § 1; Laws, 2013, ch. 562, § 1; Laws, 2014, ch. 442, § 2; Laws, 2014, ch. 491, § 9, eff from and after passage (approved April 15, 2014).

Joint Legislative Committee Note —

Section 12 of ch. 495, Laws of 2013, effective from and after passage (approved April 17, 2013), amended this section. Section 60 of ch. 497, Laws of 2013, effective from and after July 1, 2013 (approved April 17, 2013), also amended this section. Section 1 of ch. 559, Laws of 2013, effective July 1, 2013 (approved April 25, 2013), also amended this section. Section 1 of ch. 562, Laws of 2013, effective from and after passage (approved April 25, 2013), also amended this section. As set out above, this section reflects the language from all four amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee ratified the integration of these amendments as consistent with legislative intent at the August 1, 2013, meeting of the committee.

Section 2 of ch. 442, Laws of 2014, effective from and after passage (approved March 26, 2014), amended this section. Section 9 of ch. 491, Laws of 2014, effective from and after passage (approved April 15, 2014), also amended this section. As set out above, this section reflects the language of Section 9 of ch. 491, Laws of 2014, which contains language that specifically provides that it supersedes §37-13-91 as amended by Chapter 442, Laws of 2014.

Editor’s Notes —

The 1994 ruling of the Supreme Court of Mississippi referred to in subsection ( 8) is In Interest of R.G., 632 So. 2d 953.

As amended by Laws of 1995, ch. 570, § 1, paragraph 8(c) of this section contained a reference stating “until the effective date of Senate Bill No. 3019, 1994 Regular Session”. By direction of the Revisor of Statutes, this language was changed to read “April 8, 1994”.

Amendment Notes —

The 2000 amendment inserted the second sentence in (7).

The 2003 amendment rewrote (1)(f) to provide that the compulsory school attendance law shall apply to five-year olds who have enrolled in full-day public school kindergarten programs; and made minor stylistic changes.

The 2009 amendment deleted “where an approval of the superintendent of the school district, or his designee, is gained before the absence, except in the case of emergency” from the end of (4)(e); and inserted “or his designee” in the first sentence of (6).

The 2013 amendment (ch. 495), deleted the last sentence in (2)(f), which read: “Provided, however, that the parent or guardian of any child enrolled in a full-day public school kindergarten program shall be allowed to disenroll the child from the program on a one-time basis, and such child shall not be deemed a compulsory-school-age child until the child attains the age of six (6) years”; added (4)(j) and (k).

The 2013 amendment (ch. 497), inserted “including a charter school” near the beginning of (2)(e); inserted “charter school or” preceding “nonpublic school” twice in the second paragraph of (3)(c) and once in (3)(c)(iv); and inserted “noncharter” following “compulsory-school-age child enrolled in a” in the second paragraph of (4).

The 2013 amendment (ch. 559), in (4), in the first sentence inserted “for an entire school day or” following “is an absence” and “part of” preceding “during”; and added the second sentence.

The 2013 amendment (ch. 562), deleted the former last sentence of (2)(f) which read: “Provided, however, that the parent or guardian of any child enrolled in a full-day public school kindergarten program shall be allowed to disenroll the child from the program on a one-time basis, and such child shall not be deemed a compulsory-school-age child until the child attains the age of six (6) years”; and added (4)(j) and (k).

The first 2014 amendment (ch. 442), substituted “five and one-half (5-1/2)” for “five (5)” in (2)(d); and “August” for “September” three times in (2)(f).

The second 2014 amendment (ch. 491), substituted “September” for “August” in three places in (2)(f).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

School district superintendents to timely report absences under the Compulsory Attendance Law, see §37-9-14.

Office of Compulsory School Attendance Enforcement, see §37-13-81 et seq.

Qualifications and duties of school attendance officers, see §37-13-89.

Alternative school program for compulsory-school-age students, see §37-13-92.

Applicability of the provisions of this section to charter schools, see §37-28-45.

Community and Junior College adult education program to serve all persons age sixteen and older not enrolled or required to be enrolled in school by this section, see §37-35-1.

State Board for Community and Junior College programs to prepare persons age sixteen and older, and not enrolled or required to be enrolled in school by this section, for GED test, see §37-35-9.

Exemption from disease immunization of students in home instruction program as defined by this section, see §41-23-37.

OPINIONS OF THE ATTORNEY GENERAL

Position of school attendance officer is full-time position; but officer may engage in other employment outside regular office and field hours assigned to officer so long as it does not adversely affect performance of officer’s duties. Farese, Sept. 9, 1991, A.G. Op. #92-0700.

For purposes of participation in health insurance cafeteria plan, school attendance officer is employee of judicial department of state government and is county rather than state employee, except that school attendance officer appointed by municipal youth court is municipal employee. Coleman, Sept. 16, 1992, A.G. Op. #92-0690.

Alternative school programs are integral part of school district; programs are operated in connection with regular programs of district and are subject to accreditation standards established by State Department of Education; therefore, assignment to alternative program is not expulsion or suspension from school district and would not require full due process hearing; informal conference with student during which he or she is allowed to explain his or her side is sufficient process in such cases. Lowery Sept. 23, 1993, A.G. Op. #93-0681.

Under present circumstances, position of school attendance officer continues to exist but with no effective legislation as to assignment and payment of same during period between February 17, 1994 and passage of proposed legislation in April of 1994, Department of Finance and Administration was authorized to approve and pay proper travel expenses and expenditures during interim period unless or until court of competent jurisdiction ruled otherwise since under existing facts school attendance officers, while not presently assigned to specific agency, department or institution, remain employed by State of Mississippi. Ranck, March 18, 1994, A.G. Op. #94-0126.

Certificates of enrollment are not required for students enrolled in public schools and that the exemption from compulsory attendance afforded by Section 37-13-91(3)(b) applies only to those special education students who have been enrolled by their parents or guardians in special education courses in non-public schools or in legitimate home instruction programs and not to special education students enrolled in the public schools. Caranna, April 21, 1995, A.G. Op. #95-0235.

The district attorney was required to retain certain persons in school attendance officer positions as of the date Section 37-13-91 was amended in 1994, for a period of one year; thereafter the district attorney may hire and fire such school attendance officers at will. Peters, October 18, 1995, A.G. Op. #95-0623.

Since the duties of the school attendance officer, in addition to those required by Section 43-21-119, are assigned by the district attorney under Section 37-13-91(7), and the attendance officer is required by subsection (7) to cooperate with the court, the district attorney and the youth court judge should enter into agreement on the role the school attendance officer is to play in getting truancy cases into and through the youth court. This agreement should also include guidelines for the counseling of truant juveniles after the case has been referred to the youth court. Harkey, December 16, 1996, A.G. Op. #96-0829.

A school district cannot impose an automatic failure upon a compulsory-school-age child for accumulating a set number of absences when those absences are by statute lawful and must be excused, nor may a school district apply an absences policy that automatically fails a suspended student for the semester; such a policy, if it acts to fail a truant but passing student, would be disciplinary and punitive in nature, and imposition would be subject to procedural due process. Carter, January 9, 1998, A.G. Op. #97-0817.

A school board has the authority to retain a student in kindergarten for an additional year if the district deems that placement of the student in the first grade would not be the most appropriate educational placement. Johnson, Dec. 3, 2002, A.G. Op. #02-0450.

A school district has the inherent power to make rules and regulations regarding the placement of its students in the appropriate grade. This authority includes making appropriate placements of a child into a particular grade by way of either assignment, promotion or retention of a student. Note: Johnson, Dec. 3, 2002, A.G. Op. 02-0450 is modified. Storey, July 18, 2003, A.G. Op. 03-0342.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of statute, regulation, or policy governing home schooling or affecting rights of home-schooled students. 70 A.L.R.5th 169.

Am. Jur.

5A Am. Jur. Pl & Pr Forms (Rev), Civil Rights, Form 141.1 (complaint, petition, or declaration – home instruction – religious principles – for injunctive and declaratory relief).

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

Lawyers’ Edition.

Establishment and free exercise of religion clauses of Federal Constitution’s first Amendment as applied to public schools – Supreme Court Cases. 96 L. Ed. 2d 828.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

School district policy of refusing to allow credit for days of absence due to suspension was enforceable against student suspended for violation of district’s alcohol policy, even though district’s policy of treating such absences as unexcused was void as against public policy, where student handbook clearly stated that punishment during expulsion was no credit for days suspended. Board of Trustees v. T.H. by & Through T.H. (In the Interest of T.H.), 681 So. 2d 110, 1996 Miss. LEXIS 492 (Miss. 1996).

School district’s policy of refusing to allow students suspended for violation of alcohol policy to attend statutorily mandated alternate program for suspended or expelled students, and treating days of absence due to suspension for violation of alcohol policy as unexcused absences pursuant to district’s truancy policy, contravened public policy, and its enforcement against student who violated alcohol policy was thus arbitrary and capricious under state compulsory attendance law; compulsory attendance law distinguished between absences due to truancy and due to suspension, legislature did not except particular categories of offenses from alternative program requirement, and school district thus could not force student to be absent from alternative program and then count those absences against him to lower his grade pursuant to its truancy policy. Board of Trustees v. T.H. by & Through T.H. (In the Interest of T.H.), 681 So. 2d 110, 1996 Miss. LEXIS 492 (Miss. 1996).

Section 37-13-91, the compulsory school attendance law, is unconstitutional insofar as it requires the selection and supervision of school attendance officers to be undertaken by youth court judges; the youth court judge’s selection and supervision of school attendance officers as provided for in the statute violates Article I, §§ 1 and 2 of the Mississippi Constitution – the separation of powers provisions-because the judge is charged with the executive function of administering an existing law, far removed from judiciary functions. In the Interest of R.G., 632 So. 2d 953, 1994 Miss. LEXIS 108 (Miss. 1994).

§ 37-13-92. Alternative school program for compulsory-school-age students; placement of children in alternative school; transportation of students; expenses; annual report.

  1. Beginning with the school year 2004-2005, the school boards of all school districts shall establish, maintain and operate, in connection with the regular programs of the school district, an alternative school program or behavior modification program as defined by the State Board of Education for, but not limited to, the following categories of compulsory-school-age students:
    1. Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct;
    2. Any compulsory-school-age child referred to such alternative school based upon a documented need for placement in the alternative school program by the parent, legal guardian or custodian of such child due to disciplinary problems;
    3. Any compulsory-school-age child referred to such alternative school program by the dispositive order of a chancellor or youth court judge, with the consent of the superintendent of the child’s school district;
    4. Any compulsory-school-age child whose presence in the classroom, in the determination of the school superintendent or principal, is a disruption to the educational environment of the school or a detriment to the interest and welfare of the students and teachers of such class as a whole; and
    5. No school district is required to place a child returning from out-of-home placement in the mental health, juvenile justice or foster care system in alternative school. Placement of a child in the alternative school shall be done consistently, and for students identified under the Individuals with Disabilities Education Act (IDEA), shall adhere to the requirements of the Individuals with Disabilities Education Improvement Act of 2004. If a school district chooses to place a child in alternative school the district will make an individual assessment and evaluation of that child in the following time periods:
      1. Five (5) days for a child transitioning from a group home, mental health care system, and/or the custody of the Department of Human Services, Division of Youth and Family Services;
      2. Ten (10) days for a child transitioning from a dispositional placement order by a youth court pursuant to Section 43-21-605; and
      3. An individualized assessment for youth transitioning from out-of-home placement to the alternative school shall include:

      1. A strength needs assessment.

      2. A determination of the child’s academic strengths and deficiencies.

      3. A proposed plan for transitioning the child to a regular education placement at the earliest possible date.

  2. The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student’s school district must determine that the written and distributed disciplinary policy of the local district is being followed. The policy shall include standards for:
    1. The removal of a student to an alternative education program that will include a process of educational review to develop the student’s individual instruction plan and the evaluation at regular intervals of the student’s educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;
    2. The duration of alternative placement; and
    3. The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal’s or the superintendent’s authority to remove a student to alternative education.
  3. The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.
  4. A school district, in its discretion, may provide a program of High School Equivalency Diploma preparatory instruction in the alternative school program. However, any High School Equivalency Diploma preparation program offered in an alternative school program must be administered in compliance with the rules and regulations established for such programs under Sections 37-35-1 through 37-35-11 and by the Mississippi Community College Board. The school district may administer the High School Equivalency Diploma Testing Program under the policies and guidelines of the Testing Service of the American Council on Education in the alternative school program or may authorize the test to be administered through the community/junior college district in which the alternative school is situated.
  5. Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.
  6. The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.
  7. The State Board of Education shall promulgate minimum guidelines for alternative school programs. The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student’s best interest for that student to receive High School Equivalency Diploma preparatory instruction, that the local school board assign the student to a High School Equivalency Diploma preparatory program established under subsection (4) of this section. The minimum guidelines for alternative school programs shall also require the following components:
    1. Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and High School Equivalency Diploma placement;
    2. Clear and consistent goals for students and parents;
    3. Curricula addressing cultural and learning style differences;
    4. Direct supervision of all activities on a closed campus;
    5. Attendance requirements that allow for educational and workforce development opportunities;
    6. Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;
    7. Continual monitoring and evaluation and formalized passage from one (1) step or program to another;
    8. A motivated and culturally diverse staff;
    9. Counseling for parents and students;
    10. Administrative and community support for the program; and
    11. Clear procedures for annual alternative school program review and evaluation.
  8. On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.
  9. Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court.
  10. The State Board of Education shall promulgate guidelines for alternative school programs which provide broad authority to school boards of local school districts to establish alternative education programs to meet the specific needs of the school district.
  11. Each school district having an alternative school program shall submit a report by July 31 of each calendar year to the State Department of Education describing the results of its annual alternative school program review and evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any actions taken by the school district during the previous year to comply with substantive guidelines promulgated by the State Board of Education under subsection (7)(a) through (j). In the report to be implemented under this section, the State Department of Education shall prescribe the appropriate measures on school districts that fail to file the annual report. The report should be made available online via the department’s website to ensure transparency, accountability and efficiency.

HISTORY: Laws, 1991, ch. 539, § 6; Laws, 1992, ch. 524, § 9; Laws, 1994, ch. 555, § 1; Laws, 1994, ch. 607, § 12; Laws, 1995, ch. 610, § 1; Laws, 1997, ch. 604, § 1; Laws, 2000, ch. 559, § 3; Laws, 2004, ch. 563, § 3; Laws, 2007, ch. 326, § 1; Laws, 2009, ch. 511, § 1; Laws, 2011, ch. 424, § 1; Laws, 2014, ch. 397, § 16; Laws, 2014, ch. 398, § 2; Laws, 2014, ch. 442, § 5; Laws, 2014, ch. 490, § 1, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 16 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), amended this section. Section 2 of ch. 398, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), Section 5 of ch. 442, Laws of 2014, effective from and after passage (approved March 26, 2014), and Section 1 of ch. 490, Laws of 2014, effective from and after July 1, 2015 (approved April 15, 2014), also amended this section. As set out above, the version of the section effective until July 1, 2015, reflects amendments by Chapters 397, 398 and 442. These amendments were integrated with the amendments from Chapter 490 in the version of the section effective from and after July 1, 2015, except for the new language at the end of subsection (11). Because the new language in subsection (11) in Chapter 490 conflicts in substance with the new language in subsection (11) in Chapter 442, the new language at the end of subsection (11) from both chapters cannot be integrated. As a result, the end of subsection (11) in the version of the section effective from and after July 1, 2015, contains only the new language from Chapter 490, because that chapter has the latest effective date. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 24, 2014, meeting of the Committee.

Editor’s Notes —

This section and Joint Legislative Committee Note are being set out to provide additional explanation for the integration of the 2014 amendments by Chapters 397, 398, 442 and 490.

Amendment Notes —

The 2000 amendment added (1)(d).

The 2004 amendment, in (1), substituted “school year 2004-2005 ” for “school year 1993-1994, ” and inserted “or behavior modification program as defined by the State Board of Education.”

The 2007 amendment rewrote (10) to authorize the State Board of Education to promulgate guidelines that authorize local school districts to establish alternative school programs.

The 2009 amendment substituted present (7)(e) for former (7)(e), which read: “Full-day attendance with a rigorous workload and minimal time off”; and added (11).

The 2011 amendment deleted “best” preceding “interest and welfare” in (1)(d); added (1)(e); and made a minor stylistic change.

The first 2014 amendment (ch. 397), effective July 1, 2014, in (1)(e)(i), deleted “custody” following “Division of Youth and Family Services”; and in (4), substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges.”

The second 2014 amendment (ch. 398), effective July 1, 2014, in (1)(e)(i), deleted “custody” following “Division of Youth and Family Services”; in (4), substituted “High School Equivalency Diploma” for ”general educational development (GED)” twice and for “GED“ once, substituted “Mississippi Community College Board” for ”State Board for Community and Junior Colleges” and deleted “GED” preceding “Testing Services”; ; in (7) and (7)(a), substituted “High School Equivalency Diploma” for ”general educational development (GED)” or “GED.”

The third 2014 amendment (ch. 442), effective March 26, 2014, deleted “custody” from the end of (1)(e)(i); in (11), substituted and deleted ”GED” preceding “Testing Services”; “by July 31 of each calendar year” for “annually” in the first sentence and added last two sentences in the first version of the section.

The fourth 2014 amendment (ch. 490), effective July 1, 2015, deleted “custody” from the end of (1)(e)(i); and in (11), substituted “report by July 1 of each calendar year” for “report annually” in the first sentence, and added the last two sentences.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Mississippi Community College Board generally, see §§37-4-1 et seq.

Suspension of pupils, see §37-9-71.

Expulsion of student possessing controlled substance or weapon or committing violent act, see §37-11-18.

Expulsion of habitually disruptive students, see §37-11-18.1.

Suspension or expulsion of student damaging school property, see §37-11-19.

Training and education course for school attendance officers, see §37-13-107.

Youth court generally, see §§43-21-101 et seq.

Definition of “delinquent child,” see §43-21-105.

Power of superintendent of school district, in which child is ordered by youth court to enroll, to assign child to alternative school program, see §43-21-621.

OPINIONS OF THE ATTORNEY GENERAL

A youth court judge has the authority to send children to the alternative school on a case-by-case basis, however this is not a blanket authorization to send “all children returning from the training school” to the alternative school. Hudson, Nov. 6, 1991, A.G. Op. #91-0823.

A youth court judge cannot place a child who is under youth court jurisdiction in an alternative school program which does not meet the appropriate accreditation requirements. Hudson, Nov. 6, 1991, A.G. Op. #91-0823.

Neither Section 37-13-92 nor Sections 37-7-411 and 413 allows creation of separate legal entities or school districts when authority was granted to establish alternative school programs or jointly operate school; only Legislature can create autonomous school district as legal entity; school districts have no such power and bring no such power to interlocal agreement; no school district participant has authority to relieve itself of responsibility for operation of alternative school program through interlocal agreement. Yoder Oct. 6, 1993, A.G. Op. #93-0685.

Under Section 37-13-92, the school board and school officials have broad authority to suspend or expel students for misconduct, those students expelled for acts such as the possession or consumption of alcohol which do not rise to the level of weapons possession or other felonious conduct must be considered for alternative school placement. Howell, June 7, 1996, A.G. Op. #96-0346.

Pursuant to Section 37-13-92, if the acts of a student, though not rising to a felony are such as to pose a threat to the safety of himself or others or disrupt the educational process at the alternative school, then at the discretion of the school board, taking under consideration recommendations made pursuant to subsection (2), the student may be removed from the school system altogether. Howell, June 7, 1996, A.G. Op. #96-0346.

Although subsection (1)(a) is clear that compulsory-school-age children who are suspended for possession of a weapon or other felonious conduct need not be assigned to an alternative school, those children whose offenses do not fall within these two categories and whose offenses result in a suspension for more than ten days must be assigned to alternative school. Chaney, April 24, 1998, A.G. Op. #98-0218.

Neither the Board of Trustees nor the Superintendent of Education have the authority to decide on a case-by-case basis which students who have been suspended or expelled for offenses other than possession of a weapon or other felonious conduct may attend the alternative school and which students’ suspensions or expulsions require they be excluded from all school programs. Chaney, April 24, 1998, A.G. Op. #98-0218.

If a school district determines that the acts of a student are such as to pose a threat to the safety of himself or others or may disrupt the educational process at the alternative school, then at the discretion of the school board, taking under consideration recommendations made by the administrator of the alternative school and the appropriate guidance counselor, the student may be removed from the school system altogether. Thompson, July 24, 1998, A.G. Op. #98-0445.

If a mandatory school uniform rule furthers a substantial, legitimate interest of the school district, as determined by the school board, then it is within the discretion of a school board, with proper notice, to prescribe the discipline to be administered for the violation of the rule or regulation; assuming that the child is financially able to purchase the required uniform, a school district may administer, subject to procedural due process, appropriate disciplinary measures for refusal to comply with the school rule, including suspension or expulsion; however, long term out-of-school suspension or expulsion for violation of a school uniform policy is not permitted. Smith, June 11, 1999, A.G. Op. #99-0274.

Education is not a fundamental right, and the proper test in determining whether a student’s due process rights have been violated by a disciplinary action removing them from the school setting is whether such action was rationally related to legitimate governmental interests. Fleming, July 15, 2005, A.G. Op. 05-0320.

If acts of a student, although not rising to the level of a felony, are such that the student poses a threat to the safety of himself or others or will disrupt the educational process at the Alternative School, then the School Board may remove the student from the school system altogether. If a compulsory-school-age child is expelled from the Alternative School for criminal or violent behavior, the school district must refer the case to the youth court if probable cause exists. Maples, February 2, 2007, A.G. Op. #07-00025, 2007 Miss. AG LEXIS 1.

RESEARCH REFERENCES

ALR.

Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student. 47 A.L.R.5th 1.

JUDICIAL DECISIONS

1. In general.

School district’s policy of refusing to allow students suspended for violation of alcohol policy to attend statutorily mandated alternate program for suspended or expelled students, and treating days of absence due to suspension for violation of alcohol policy as unexcused absences pursuant to district’s truancy policy, contravened public policy, and its enforcement against student who violated alcohol policy was thus arbitrary and capricious under state compulsory attendance law; compulsory attendance law distinguished between absences due to truancy and due to suspension, legislature did not except particular categories of offenses from alternative program requirement, and school district thus could not force student to be absent from alternative program and then count those absences against him to lower his grade pursuant to its truancy policy. Board of Trustees v. T.H. by & Through T.H. (In the Interest of T.H.), 681 So. 2d 110, 1996 Miss. LEXIS 492 (Miss. 1996).

School district policy of refusing to allow credit for days of absence due to suspension was enforceable against student suspended for violation of district’s alcohol policy, even though district’s policy of treating such absences as unexcused was void as against public policy, where student handbook clearly stated that punishment during expulsion was no credit for days suspended. Board of Trustees v. T.H. by & Through T.H. (In the Interest of T.H.), 681 So. 2d 110, 1996 Miss. LEXIS 492 (Miss. 1996).

§§ 37-13-93 through 37-13-105. Repealed.

Repealed by Laws, 1982, Ex Sess, ch. 17, § 45, eff from and after July 1, 1983.

§§37-13-93 through37-13-105. [Laws, 1977, ch. 483, §§ 2-8]

Editor’s Notes —

Former §§37-13-93 through37-13-105 related to compulsory school attendance.

§ 37-13-107. Training and education course for school attendance officers; effect of failure to receive certificate.

  1. Every school attendance officer shall be required annually to attend and complete a comprehensive course of training and education which is provided or approved by the Office of Compulsory School Attendance Enforcement of the State Department of Education. Attendance shall be required beginning with the first training seminar conducted after the school attendance officer is employed as a school attendance officer.
  2. The Office of Compulsory School Attendance Enforcement shall provide or approve a course of training and education for school attendance officers of the state. The course shall consist of at least twelve (12) hours of training per year. The content of the course of training and when and where it is to be conducted shall be approved by the office. A certificate of completion shall be furnished by the State Department of Education to those school attendance officers who complete the course. Each certificate shall be made a permanent record of the school attendance officer supervisor’s office where the school attendance officer is employed.
  3. Upon the failure of any person employed as a school attendance officer to receive the certificate of completion from the State Department of Education within the first year of his employment, the person shall not be allowed to carry out any of the duties of a school attendance officer and shall not be entitled to compensation for the period of time during which the certificate has not been obtained.

HISTORY: Laws, 1993, ch. 602, § 16; Laws, 1995, ch. 570, § 2; Laws, 1998, ch. 566, § 7; Laws, 2001, ch. 368, § 1, eff from and after July 1, 2001.

Amendment Notes —

The 2001 amendment inserted “provided or” in the first sentence in (1); in (2), inserted “provide or” in the first sentence, and inserted “by the State Department of Education” in the fourth sentence; and in (3), inserted “from the State Department of Education,” and deleted “from the Judicial College.”

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Office of Compulsory School Attendance Enforcement, see §37-13-81 et seq.

Qualifications and duties of school attendance officers, see §37-13-89.

Comprehensive School Health Education Program

§ 37-13-131. Administration of program; Office of Comprehensive School Health Education; curriculum components.

  1. The State Department of Education is designated as the state agency responsible for the administration and supervision of the Comprehensive School Health Education Program as an educational curriculum in the State of Mississippi. It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of comprehensive school health education shall be administered by the State Department of Education.
  2. Pursuant to the provisions of subsection (1) of this section, the State Department of Education is authorized to establish an Office of Comprehensive School Health Education within the framework of the State Department of Education for the purpose of developing standards, procedures and criteria for the administration and supervision of a statewide program of health education in Kindergarten through Grade 12. The State Department of Education, through the Office of Comprehensive School Health Education, shall assume the further responsibility for promoting a statewide effort designed to prepare local school faculties and staffs to incorporate the comprehensive health education concept into their local educational programs.
  3. The Mississippi Department of Health, in conjunction with the Office of Student Development-Branch of Health-Related Services of the State Department of Education, shall develop a long-range strategic plan for a Comprehensive School Health Education Program in Grades K through 12. The Comprehensive School Health Education Program shall encompass four (4) interdependent components: (a) health education; (b) health service; (c) physical education and fitness; and (d) a healthful school environment. These curriculum components shall be designed to develop decision-making competencies related to health and health behavior. Such curriculum components are intended to motivate health maintenance and promote wellness, not only to prevent disease or disability. The Mississippi Department of Health, in conjunction with the Office of Student Development-Branch of Health-Related Services of the Department of Education, shall develop the strategic plan and make a report thereon to the Governor and the Legislature on or before January 1, 1995.

HISTORY: Laws, 1990, ch. 457, § 1; Laws, 1994, ch. 632, § 1, eff from and after July 1, 1994.

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Professional and non professional staff for statewide program of health education, see §37-13-133.

State Department of Health generally, see §§41-3-1 et seq.

§ 37-13-133. Professional and nonprofessional staff for program.

Under the provisions of Section 37-13-131, the State Department of Education may provide for the services of a School Health Services Coordinator, School Instruction Coordinator, School Environmental Specialist, and such other professional and nonprofessional staff as may be needed and as funds available to the department will permit. The State Department of Education, subject to the availability of funds specifically for such purpose, shall employ a physical activity coordinator K-12 not later than sixty (60) days after receipt of such funds, in accordance with the provisions of Section 37-13-134. It shall be the responsibility of that professional staff to coordinate efforts of the personnel of the State Department of Education, the state’s colleges and universities, local public schools and other appropriate agencies to provide the comprehensive health education curriculum.

HISTORY: Laws, 1990, ch. 457, § 2; Laws, 1994, ch. 632, § 2; Laws, 2002, ch. 585, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Office of Comprehensive School Health Education, see §37-13-131.

Recommended guidelines for physical education and fitness classes, see §37-13-134.

§ 37-13-134. Comprehensive School Health Education Program.

  1. The Legislature recognizes that there is a problem with Mississippi student inactivity and obesity, and therefore requires the following guidelines for school district physical education, health education and physical activity and fitness classes:
    1. Kindergarten through Grade 8: One hundred fifty (150) minutes per week of physical activity-based instruction and forty-five (45) minutes per week of health education instruction, as defined by the State Board of Education.
    2. Grades 9 through 12: One-half (1/2) Carnegie unit requirement in physical education or physical activity for graduation. Beginning with the 2015-2016 Ninth Grade class, an instructional component on the proper administration of cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) shall be included as part of the physical education or health education curriculum. The curricula shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use of an automated external defibrillator as follows:
      1. An instructional program developed by the American Heart Association or the American Red Cross;
      2. An instructional program which is nationally recognized and is based on the most current national evidence-based Emergency Cardiovascular Care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator;
      3. A licensed teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation, to facilitate, provide or oversee such instruction for noncertification; and
      4. Courses which result in a certification being earned must be taught by an authorized CPR/AED instructor.

      For purposes of this paragraph (b), the term “psychomotor skills” means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as “psychomotor skills.”

      The requirements of this paragraph (b) shall be minimum requirements. Any local school district shall be authorized to offer CPR and AED instruction for longer periods of time than required herein, and may enhance the curriculum and training components.

    3. The State Department of Education shall establish a procedure for monitoring adherence by school boards to the requirements set forth in this section.

      All instruction in physical education, health education and physical activity must be based on the most current state standards provided by the State Department of Education.

  2. Beginning with the 2006-2007 school year, each local school board shall, consistent with regulations adopted by the State Board of Education, adopt a school wellness plan which shall promote a healthy lifestyle for Mississippi’s school children and staff. Beginning with the 2008-2009 school year, the school wellness plan shall also promote increased physical activity, healthy eating habits and abstinence from the use of tobacco and illegal drugs through programs that incorporate healthy lifestyle choices into core subject areas which may be developed in partnership with the Institute for America’s Health.
  3. Beginning with the 2012-2013 school year, the State Board of Education, in consultation with the State Department of Health, shall have the authority to establish a school health pilot program to improve student health so that all students can fully participate and be successful in school. The school health pilot program shall be implemented in local school districts, as provided in Section 37-13-134.1.
  4. The Legislature shall appropriate sufficient state-source funds for the State Department of Education to employ a physical activity coordinator to assist districts on current and effective practices and on implementation of physical education and physical activity programs.
  5. The physical activity coordinator employed under Section 37-13-133 must have the qualifications prescribed in any of the following paragraphs, which are listed in the order of preference:
    1. A doctorate in physical education, exercise science or a highly related field, and at least three (3) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership; or
    2. A master’s degree in physical education, exercise science or a highly related field, and at least five (5) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership; or
    3. A bachelor’s degree in physical education, a teacher’s license, and at least seven (7) years of experience in teaching physical education in Grades K-12 or in physical activity promotion/fitness leadership.
  6. The Governor’s Commission on Physical Fitness and Sports created under Section 7-1-551 et seq., the Mississippi Council on Obesity Prevention and Management created under Section 41-101-1 et seq., the Task Force on Heart Disease and Stroke Prevention created under Section 41-103-1 et seq., the Mississippi Alliance for Health, Physical Education, Recreation and Dance, and the Mississippi Alliance for School Health shall provide recommendations to the State Department of Education regarding the employment of the physical activity coordinator. The department shall consider the recommendations of those entities in employing the physical activity coordinator.
  7. The physical activity coordinator shall present a state physical activity plan each year to the Governor’s Commission on Physical Fitness and Sports, the Mississippi Council on Obesity Prevention and Management, the Task Force on Heart Disease and Stroke Prevention, the Mississippi Alliance for Health, Physical Education, Recreation and Dance, and the Mississippi Alliance for School Health.
  8. The physical activity coordinator shall monitor the districts for adherence to current Mississippi school accountability standards and for implementation of the physical education curriculum on file with the State Department of Education. The State Department of Education shall monitor and act as a clearinghouse for the activities of the local school health councils established pursuant to subsection (9) of this section.
    1. The local school board of each school district shall establish a local school health council for each school which shall ensure that local community values are reflected in the local school’s wellness plan to address school health. Such councils shall be established no later than November 1, 2006.
    2. The local school health council’s duties shall include, but not be limited to, the following:

      1. Health education;

      2. Physical education;

      3. Nutritional services;

      4. Parental/Community involvement;

      5. Instruction to prevent the use of tobacco, drugs and alcohol;

      6. Physical activity;

      7. Health services;

      8. Healthy environment;

      9. Counseling and psychological services;

      10. Healthy lifestyles; and

      11. Staff wellness.

      1. Recommend age appropriate curriculum and the number of hours of instruction to be provided in health and physical activity-based education, provided that the number of hours shall not be less than that required by this section;
      2. Recommend appropriate practices that include a coordinated approach to school health designed to prevent obesity, cardiovascular disease, Type II diabetes and other health risks, through coordination of:
      3. Provide guidance on the development and implementation of the local school wellness plan.
    3. The local school board shall appoint members to the local school health council. At a minimum, the school board shall appoint one (1) person from each of the following groups:
      1. Parents who are not employed by the school district;
      2. The director of local school food services;
      3. Public schoolteachers;
      4. Public school administrators;
      5. District students;
      6. Health care professionals;
      7. The business community;
      8. Law enforcement;
      9. Senior citizens;
      10. The clergy;
      11. Nonprofit health organizations; and
      12. Faith-based organizations.
  10. Nothing in this section shall be construed to prohibit or limit the sale or distribution of any food or beverage item through fund-raisers conducted by students, teachers, school groups, or parent groups when the items are intended for sale off the school campus.

HISTORY: Laws, 2002, ch. 585, § 2; Laws, 2003, ch. 436, § 1; Laws, 2006, ch. 401, § 1; Laws, 2007, ch. 521, § 2; Laws, 2012, ch. 555, § 1; Laws, 2014, ch. 461, § 1; Laws, 2015, ch. 361, § 1, eff from and after passage (approved Mar. 17, 2015).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in statutory references in this section. In subsection (8), the reference to “subsection (8)” was changed to “subsection (9)” and in subdivision (9)(b)(i), the reference to “ Section 37-13-134” was changed to “this section.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

Laws of 2007, ch. 521 § 1 provides:

“SECTION 1. This act shall be known as the Mississippi Healthy Students Act.”

Amendment Notes —

The 2003 amendment added the last sentence in (6); and added (8)(a) through (8)(c)(xi).

The 2006 amendment substituted “kindergarten through Grade 6” for “Grades Kindergarten through Six” in (1); substituted “State Department of Education” for “physical activity coordinator” and substituted “local school health councils” for “local school health/physical education advisory councils” in the last sentence of (6); rewrote (8); and added (9).

The 2007 amendment rewrote the section to require minimum periods of physical activity-based instruction and health education instruction and to require that school wellness plans promote increased physical activity, healthy eating habits and abstinence from the use of tobacco and illegal drugs.

The 2012 amendment added (3) and redesignated the remaining subsections accordingly.

The 2014 amendment, inserted the (1)(a) and (b) designators, added the language beginning “which shall include an instructional component” to the end of (1)(b) and added (1)(c).

The 2015 amendment, in (1)(b), divided the former first sentence into the first and second sentences by deleting “which shall include” from the end of the first sentence and adding “Beginning with the 2015-2016 Ninth Grade class” at the beginning of the second sentence; in the second sentence, inserted “shall be included” and “or health education,” and in the last sentence, substituted “curricula” for “curriculum.”

Cross References —

Governor’s Commission on Physical Fitness and Sports, see §§7-1-551 et seq.

State Board of Education to develop regulations to promote healthy food choices and food preparation for school children, see §37-11-8.

Mississippi Council on Obesity Prevention and Management, see §§41-101-1 et seq.

Task Force on Heart Disease and Stroke Prevention, see §§41-103-1 et seq.

§ 37-13-134.1. School health grant pilot program; purpose; components of implementation plan.

  1. Subject to available funding, the State Department of Education, in consultation with the State Department of Health, shall establish the school health grant pilot program to improve student health by assisting local school districts in implementing a school health program. In order to qualify for a school health grant, a school district shall submit a detailed implementation plan, developed in accordance with the guidelines for a school health program developed by the State Department of Education, and including the following components:
    1. A dedicated school health coordinator and technical and administrative support for collection of data and program evaluation.
    2. A description of how the school district currently addresses physical activity, nutrition, and other obesity prevention measures.
    3. A description of how the school district would use the state grant to augment what it is currently doing, including defining priorities based on the students’ health need and meeting education performance indicators, developing an action plan for addressing those needs based on realistic goals and measurable objectives, establishing a timeline for implementation, and developing and maintaining a system to evaluate progress and outcomes for the program.
    4. All school districts receiving grants will report annually to the State Department of Education progress towards the achievement of state education performance indicators and standards and requirements relating to physical activity and nutrition.
  2. The amount in the school health grant pilot program shall be limited to the amount appropriated and shall be available to school districts based on the guidelines developed by the State Department of Education.
  3. Any grants made to school district shall be expended to supplement and not supplant any funds already expended as school health programs. For this purpose, expenditures of components enumerated in subsection (2) of this section for the current fiscal year shall be considered the base expenditure on school health and any school district receiving grant funds shall maintain this base.
  4. There is created in the State Treasury a fund into which any public or private funds from any source shall be deposited for the support of the activities of coordinated school health grant pilot program.
  5. State grants are only for coordination and improvement of school health programs to improve student health in accordance with the detailed plan submitted in accordance with subsection (2) of this section.
  6. The State Department of Education and the State Department of Health shall coordinate existing school health programs, grants and initiatives. To the extent possible, existing contracts and waiver requirements and funding, including Medicaid funding, shall also be coordinated.
  7. The use of grant funds shall be subject to audit by the Office of the State Auditor.

HISTORY: Laws, 2012, ch. 555, § 2, eff from and after July 1, 2012.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. In (1)(c), “school district” was substituted for “agency” and in (2), “coordinated” was deleted following “The amount in the.” The Joint Committee ratified the corrections at its August 16, 2012, meeting.

§ 37-13-135. Implementation of program by school boards; local health education council; cooperation by school boards of school districts; implementation and development of plans by Commission on School Accreditation.

  1. In addition to all other authority, duties and powers the school boards of the school districts of this state may now have, each is authorized and empowered to adopt plans for the implementation of the Comprehensive School Health Education Program into the local school curriculum.
  2. School boards shall appoint a local health education council to make recommendations regarding a comprehensive health education curriculum.
  3. There shall be cooperation between the State Department of Education, Office of Comprehensive School Health Education and the school boards of the several school districts in implementing this program as it best suits the needs of the individual districts.
  4. The Commission on School Accreditation shall encourage the development of plans of comprehensive school health education and the implementation thereof.

HISTORY: Laws, 1990, ch. 457, § 3, eff from and after July 1, 1990.

Cross References —

Comprehensive School Health Education Program, see §§37-13-131 et seq.

Commission on School Accreditation, see §§37-17-1 et seq.

§ 37-13-137. State Board of Education to develop regulations to promote healthy food choices and food preparation for school children; Office of Healthy Schools to train certain school district personnel on healthy food service practices.

  1. The State Board of Education shall adopt regulations as provided in this section not later than March 1, 2008, which shall be effective for compliance by school districts beginning with the 2008-2009 school year, for the Child Nutrition School Breakfast and Lunch Programs that are not in conflict with the regulations of the United States Department of Agriculture (USDA). The regulations shall take into account the most recent and advanced scientific principles regarding good human health and fitness, and the effect of the regulations must be that the good health, well-being and fitness of Mississippi school children shall be advanced. The regulations shall include, but not be limited to, the following areas:
    1. Healthy food and beverage choices;
    2. Healthy food preparation;
    3. Marketing of healthy food choices to students and staff;
    4. Food preparation ingredients and products;
    5. Minimum and maximum time allotment for students and staff lunch and breakfast periods;
    6. The availability of food items during the lunch and breakfast periods of the Child Nutrition School Breakfast and Lunch Programs; and
    7. Methods to increase participation in the Child Nutrition School Breakfast and Lunch Programs.
  2. The Office of Healthy Schools of the State Department of Education shall provide comprehensive training for superintendents, business managers, food service directors and food service managers of a local school district, or the designees appointed by those individuals for training purposes, as required by the department on marketing healthy foods, creating a healthy cafeteria environment, effective and efficient food service operations, the standards and expectations of food service staff, and other topics as identified by the department. The department may determine the time and location of the trainings and the frequency with which they are held. Persons employed by a local school district having the certification as a Food Service Administrator III or IV shall be exempt from the training requirements of this subsection.
  3. Local school districts may adopt rules and regulations that may be more stringent but not in conflict with those adopted by the State Board of Education under this section.

HISTORY: Laws, 2007, ch. 521, § 3; Laws, 2010, ch. 363, § 1, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 2007, ch. 521 § 1 provides:

“SECTION 1. This act shall be known as the Mississippi Healthy Students Act.”

Amendment Notes —

The 2010 amendment rewrote (2).

Cross References —

State acceptance of National School Lunch Act and federal Child Nutrition Act, see §37-11-7.

Home Economics Programs

§ 37-13-151. Provision of programs of education by school districts; contents; approval.

Before July 1, 1997, all local school districts shall provide programs of education in home economics, in Grade 10, 11 or 12, which include course work in responsible parenting and family living skills. These programs shall contain instruction to prepare students to understand children’s physical, mental, emotional and social growth and development as well as to assume responsibility for their care and guidance, with emphasis on nutrition, emotional health and physical health. All such programs shall be subject to the approval of the State Board of Education pursuant to Section 37-31-205(1) (d).

HISTORY: Laws, 1994, ch. 553, § 1; reenacted, Laws, 1996, ch. 448, § 1; reenacted without change, Laws, 1999, ch. 414, § 1, eff from and after July 1, 1999.

Editor’s Notes —

Laws of 1994, ch. 553, § 4, was amended by Laws of 1996, ch. 448, § 4, to extend the repeal date of the act from July 1, 1998 to July 1, 2000. Laws of 1999, ch. 414, § 4, amended Laws of 1994, ch. 553, § 4, as amended by Laws of 1996, ch. 448, § 2, by deleting the repealer provision.

Amendment Notes —

The 1999 amendment reenacted this section without change.

Cross References —

State funding for home economics programs, see §37-13-153.

Authority of the State Board of Education regarding setting standards for and approving all vocational and technical educational programs in the public school system, including home economics, see §37-31-205.

§ 37-13-153. State funding for programs.

State funding for the home economics programs required in Section 37-13-151 shall be phased in over a period of three (3) school years, beginning with the 1994-1995 school year. In the minimum education program and vocational education appropriation bills for fiscal year 1994-1995, there shall be a line item specifying the amount that is to be expended to employ no less than one (1) instructor in each high school in no less than one-third (1/3) of the school districts in the state. In the minimum education program and vocational education appropriation bills for fiscal year 1995-1996, there shall be a line item specifying the amount that is to be expended to employ no less than one (1) instructor in each high school in no less than two-thirds (2/3) of the school districts in the state. In the minimum education program and vocational education appropriation bills for fiscal year 1996-1997, there shall be a line item specifying the amount that is to be expended to employ no less than one (1) instructor in each high school in each school district in the state. Any funds so appropriated by line item which are not expended for this purpose in the vocational education appropriation may be expended for other related home economics vocational purposes during the fiscal year for which those funds were appropriated. The State Board of Education shall determine which districts shall receive funds for the home economics programs during each of the three (3) years of the phase-in period.

HISTORY: Laws, 1994, ch. 553, § 2; reenacted, Laws, 1996, ch. 448, § 2; reenacted without change, Laws, 1999, ch. 414, § 2, eff from and after July 1, 1999.

Editor’s Notes —

Laws of 1994, ch. 553, § 4, was amended by Laws of 1996, ch. 448, § 4, to extend the repeal date of the act from July 1, 1998 to July 1, 2000. Laws of 1999, ch. 414, § 4, amended Laws of 1994, ch. 553, § 4, as amended by Laws of 1996, ch. 448, § 2, by deleting the repealer provision.

Amendment Notes —

The 1999 amendment reenacted this section without change.

§ 37-13-155. Application by school district or community/junior college district for funding to acquire and operate home economics training program for local community.

Subject to the availability of funds appropriated therefor, any school district or community/junior college district may apply for funding through the Division of Vocational and Technical Education of the State Department of Education to acquire and operate a home economics training program to provide instruction in quality child care and educational programs to the local community.

HISTORY: Laws, 1994, ch. 553, § 3; reenacted, Laws, 1996, ch. 448, § 3; reenacted without change, Laws, 1999, ch. 414, § 3, eff from and after July 1, 1999.

Editor’s Notes —

Laws of 1994, ch. 553, § 4, was amended by Laws of 1996, ch. 448, § 4, to extend the repeal date of the act from July 1, 1998 to July 1, 2000. Laws of 1999, ch. 414, § 4, amended Laws of 1994, ch. 553, § 4, as amended by Laws of 1996, ch. 448, § 2, by deleting the repealer provision.

Amendment Notes —

The 1999 amendment reenacted this section without change.

Cross References —

State funding for home economics programs, see §37-13-153.

Vocational education generally, see §§37-31-1 et seq.

Religious Matters in Public School Courses of Study

§ 37-13-161. Religious matters proper for inclusion in public school courses.

Nothing in this code shall be construed to prevent any local school board, in its discretion, from allowing references to religion or references to or the use of religious literature, history, art, music or other things having a religious significance in the public schools of such school district, when such references or uses do not constitute aid to any religious sect or sectarian purpose and when such references or uses are incidental to or illustrative of matters properly included in the course of study.

HISTORY: Laws, 1997, ch. 599, § 1, eff from and after July 1, 1997.

Editor’s Notes —

Laws of 1997, ch. 599, § 3, provides as follows:

“SECTION 3. The State Department of Education shall distribute a copy this act to each school district; each school superintendent then shall distribute a copy to all teachers and administrators”

Cross References —

Local school boards not permitted to prohibit teachers from discussing and answering questions about the origin of life, see §37-11-63.

Doctrinal, sectarian or denominational teaching prohibited, see §37-13-3.

School prayer, see §§37-13-4,37-13-4.1.

Period of quiet reflection at opening of school day, see §37-13-8.

RESEARCH REFERENCES

ALR.

Bible distribution or use in public schools – modern cases. 111 A.L.R. Fed. 1.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 431 et seq.

§ 37-13-163. Posting or reading of historical documents with religious references; display of motto “In God We Trust”.

  1. Any teacher, administrator, school council or local school board in any public school district in this state may post in a public school building, classroom or at any school event or read from any historical document or writing relating to the founding of the United States of America or this state, or both, notwithstanding the fact that such materials may include religious quotations, references or illustrations. There shall be no content-based censorship of American or Mississippi History, heritage or culture based on any religious references contained in such documents, writings or records.
  2. Principals and teachers in each public elementary and secondary school of each school district in this state shall display on an appropriately framed background with minimum dimensions of eleven (11) inches by fourteen (14) inches, the following motto of the United States of America in each classroom, school auditorium and school cafeteria under his or her supervision: “IN GOD WE TRUST.” For purposes of this provision, “classroom” shall mean any room of a public school where instruction takes place.

HISTORY: Laws, 1997, ch. 599, § 2; Laws, 2001, ch. 485, § 2, eff from and after July 1, 2001.

Editor’s Notes —

Laws of 1997, ch. 599, § 3, provides as follows:

“SECTION 3. The State Department of Education shall distribute a copy of this act to each school district; each school superintendent then shall distribute a copy to all teachers and administrators”

Amendment Notes —

The 2001 amendment added (2).

Cross References —

Doctrinal, sectarian or denominational teaching prohibited, see §37-13-3.

School prayer, see §§37-13-4,37-13-4.1.

Period of quiet reflection at opening of school day, see §37-13-8.

RESEARCH REFERENCES

ALR.

Bible distribution or use in public schools – modern cases. 111 A.L.R. Fed. 1.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 431 et seq.

Sex and Abstinence Education

§ 37-13-171. Implementation of abstinence-only or abstinence-plus education; State Department of Education approval of curriculum for sex-related education required; components of abstinence-only and abstinence-plus education; parent programs; separation of students by gender during sex-related education instruction [Repealed effective July 1, 2021].

  1. The local school board of every public school district shall adopt a policy to implement abstinence-only or abstinence-plus education into its curriculum by June 30, 2012, which instruction in those subjects shall be implemented not later than the start of the 2012-2013 school year or the local school board shall adopt the program which has been developed by the Mississippi Department of Human Services and the Mississippi Department of Health. The State Department of Education shall approve each district’s curriculum for sex-related education and shall establish a protocol to be used by districts to provide continuity in teaching the approved curriculum in a manner that is age, grade and developmentally appropriate.
  2. Abstinence-only education shall remain the state standard for any sex-related education taught in the public schools. For purposes of this section, abstinence-only education includes any type of instruction or program which, at an appropriate age and grade:
    1. Teaches the social, psychological and health gains to be realized by abstaining from sexual activity, and the likely negative psychological and physical effects of not abstaining;
    2. Teaches the harmful consequences to the child, the child’s parents and society that bearing children out of wedlock is likely to produce, including the health, educational, financial and other difficulties the child and his or her parents are likely to face, as well as the inappropriateness of the social and economic burden placed on others;
    3. Teaches that unwanted sexual advances are irresponsible and teaches how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances;
    4. Teaches that abstinence from sexual activity before marriage, and fidelity within marriage, is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases and related health problems. The instruction or program may include a discussion on condoms or contraceptives, but only if that discussion includes a factual presentation of the risks and failure rates of those contraceptives. In no case shall the instruction or program include any demonstration of how condoms or other contraceptives are applied;
    5. Teaches the current state law related to sexual conduct, including forcible rape, statutory rape, paternity establishment, child support and homosexual activity; and
    6. Teaches that a mutually faithful, monogamous relationship in the context of marriage is the only appropriate setting for sexual intercourse.
  3. A program or instruction on sex-related education need not include every component listed in subsection (2) of this section for abstinence-only education. However, no program or instruction under an abstinence-only curriculum may include anything that contradicts the excluded components. For purposes of this section, abstinence-plus education includes every component listed under subsection (2) of this section that is age and grade appropriate, in addition to any other programmatic or instructional component approved by the department, which shall not include instruction and demonstrations on the application and use of condoms. Abstinence-plus education may discuss other contraceptives, the nature, causes and effects of sexually transmitted diseases, or the prevention of sexually transmitted diseases, including HIV/AIDS, along with a factual presentation of the risks and failure rates.
  4. Any course containing sex-related education offered in the public schools shall include instruction in either abstinence-only or abstinence-plus education.
  5. Local school districts, in their discretion, may host programs designed to teach parents how to discuss abstinence with their children.
  6. There shall be no effort in either an abstinence-only or an abstinence-plus curriculum to teach that abortion can be used to prevent the birth of a baby.
  7. At all times when sex-related education is discussed or taught, boys and girls shall be separated according to gender into different classrooms, sex-related education instruction may not be conducted when boys and girls are in the company of any students of the opposite gender.
  8. This section shall stand repealed on July 1, 2021.

HISTORY: Laws, 1998, ch. 510, § 1; Laws, 2011, ch. 430, § 1; Laws, 2016, ch. 389, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2011 amendment added (1) and (6) through (8); inserted the (2) designation, substituted “remain” for “be” and added “and grade” at the end of (2); rewrote the second sentence in (2)(d); redesignated former (2) through (4) as (3) through (5); rewrote (3) and (4); and substituted “abstinence-only education” for “abstinence education” throughout the section.

The 2016 amendment extended the date of the repealer for the section by substituting “July 1, 2021” for “July 1, 2016” in (8).

Cross References —

Applicability of the provisions of subsections (2) and (4) of this section to charter schools, see §37-28-45.

§ 37-13-173. Notice to parents; right to request inclusion of children in program of instruction; review of materials.

Each school providing instruction or any other presentation on human sexuality in the classroom, assembly or other official setting shall be required to provide no less than one (1) week’s written notice thereof to the parents of children in such programs of instruction. The written notice must inform the parents of their right to request the inclusion of their child for such instruction or presentation. The notice also must inform the parents of the right, and the appropriate process, to review the curriculum and all materials to be used in the lesson or presentation. Upon the request of any parent, the school shall excuse the parent’s child from such instruction or presentation, without detriment to the student.

HISTORY: Laws, 1998, ch. 510, § 2; Laws, 2011, ch. 430, § 3, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment substituted “inclusion” for “exclusion” following “the parents of their right to request the” in the second sentence; and made a minor stylistic change.

Cross References —

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-13-175. Application of Sections 37-13-171 and 37-13-173 to biological science courses.

Nothing in Sections 37-13-171 and 37-13-173 shall apply to any biological science course or curriculum.

HISTORY: Laws, 1998, ch. 510, § 3, eff from and after July 1, 1998.

Character Education

§ 37-13-181. Character education programs in public schools authorized.

The local school boards of the public school districts, in their discretion, may develop and implement, at the beginning of the 1999-2000 school year, a comprehensive program for character education in Grades K-12. The definition of the character traits chosen by the school district for implementation shall reflect and be in keeping with both the spirit and the letter of the following founding documents: the Mississippi Constitution of 1890; the Constitution of the United States of America; the Declaration of Independence; and state and federal law. A public school may not define or teach character or character traits in any manner that might promote or encourage students to participate in conduct that would violate any state or federal law.

HISTORY: Laws, 1999, ch. 458, § 1, eff from and after July 1, 1999.

Cross References —

Review of proposed character education programs by State Board of Education, see §37-13-185.

§ 37-13-183. Assessment of students’ understanding of character traits.

Assessment of the students’ understanding of the character traits chosen to be taught in public school shall be limited to and must reflect the material taught in the classroom. Students shall not be evaluated in any way as to whether or not the students evidence a specific character trait in their own lives.

HISTORY: Laws, 1999, ch. 458, § 2, eff from and after July 1, 1999.

§ 37-13-185. Review of proposed character education programs by State Board of Education.

The State Board of Education shall review the proposed character education programs of the individual school districts to ascertain if the programs comply with the criteria set forth in Section 37-13-181. Review of the programs shall not exceed a time period of sixty (60) days. If a review extends beyond this time period, the proposal will be deemed in compliance with the law.

If the proposed character education program is rejected, the State Board of Education shall set forth in writing the specific areas of objection. These objections must be based on and limited to the following criteria: the definition of the character traits chosen by the school district for implementation shall reflect and be in keeping with both the spirit and letter of our founding documents; no instruction shall promote or encourage participation in any conduct that would violate existing state or federal law; and no student shall be assessed or evaluated as to whether or not the student evidences a specific character trait in his or her own life.

HISTORY: Laws, 1999, ch. 458, § 3, eff from and after July 1, 1999.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the first sentence of the first paragraph. The words “Section 1 of this act” were changed to “Section 37-13-181.” The Joint Committee ratified the correction at its May 16, 2002 meeting.

Civil Rights and Human Rights Education

§ 37-13-191. Legislative intent.

Understanding the important role the Civil Rights Movement had on the State of Mississippi and understanding the importance of teaching Mississippi’s children all of our history, it is the goal of this Legislature to provide meaningful support to this most important endeavor. Mississippi’s central role in the civil rights struggle needs to be formalized and taught as a beacon of hope for all of our citizens.

HISTORY: Laws, 2006, ch. 436, § 1, eff from and after July 1, 2006.

§ 37-13-193. Civil rights and human rights education in public schools authorized; guidelines to be implemented.

The State Board of Education may make civil rights and human rights education a part of the K-12 curriculum of instruction in Mississippi public schools. The State Department of Education shall work with the Mississippi Civil Rights Education Commission established in Section 37-13-195 in implementing these five (5) guidelines: (a) provide assistance and advice to K-12 schools with respect to the Civil Rights Movement and human rights education and awareness programs; (b) survey and catalog the extent to which civil rights and human rights education exists in state curricula; (c) inventory civil rights memorials, exhibits and resources that could be used in classrooms and other educational programs; (d) compile a list of volunteers who are willing to share their knowledge and experiences concerning the struggle for civil rights; (e) prepare reports for the Governor and the State Legislature on the inclusion of civil rights studies into the educational systems of the state.

HISTORY: Laws, 2006, ch. 436, § 2, eff from and after July 1, 2006.

Cross References —

Mississippi Civil Rights Education Commission established, see §37-13-195.

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-13-195. Mississippi Civil Rights Education Commission created; membership; terms of members; rules, regulations, standards and policies; funding.

  1. There is created the Mississippi Civil Rights Education Commission. The commission shall be assigned to the Office of the Secretary of State for administrative purposes only. The commission shall provide or assist education officials and other organizations with information, coordination and modification of courses or programs that include the Civil Rights Movement, and will carry out the specific responsibilities set forth in Section 37-13-193. In completing this task, the commission may act as a liaison with various bodies, including the United States Congress, the State Legislature, Teaching for Change, the William Winter Institute for Racial Reconciliation, as well as other national and international agencies. The commission shall consist of no more than fifteen (15) members, eleven (11) positions of which will be voluntary, to serve with a term of three (3) years on a rotating basis. These positions will be filled by application submitted to a joint committee formed by the William Winter Institute at the University of Mississippi, Tougaloo College, the Oral History Project at the University of Southern Mississippi and Jackson State University. Each of these four (4) entities shall remain permanent members of this commission, with representatives to be appointed by the President or Chancellor of the appropriate institution.
  2. The members of the commission shall be residents of this state and shall be appointed with due regard for broad geographic representation.
  3. The commission shall have a chairperson who shall be designated by the State Superintendent of Education from the commission membership for a term of four (4) years and eight (8) members of the commission shall constitute a quorum for the transaction of the business of the commission.
  4. The Mississippi Commission on Civil Rights Education shall adopt rules and regulations and set standards and policies for the organization, operation, management, budgeting and programs of the commission.
  5. The commission may apply for and receive gifts, grants and donations from any public or private sources, including federal and private foundation grants. Members of the commission may not be compensated for the performance of their duties except from nonstate funds that are specifically available therefor.

HISTORY: Laws, 2006, ch. 436, § 3, eff from and after July 1, 2006.

Chapter 14. Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Act of 2007

§ 37-14-1. Short title.

This chapter shall be known as the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Act of 2007.

HISTORY: Laws, 2007, ch. 573, § 1, eff from and after July 1, 2007.

§ 37-14-3. Office of Healthy Schools of state department of education to administer school nurse program; transfer of School Nurse Intervention Program to Office of Healthy Schools; responsibilities of program nurses; duties of Office of Healthy Schools.

  1. The State Department of Education is designated as the state agency responsible for the administration and supervision of the school nurse program as an education and wellness curriculum in the public schools of the State of Mississippi. The public school nurse program administered by the State Department of Education shall be known and may be cited as the “Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program.” It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of employing school nurses shall be administered by the State Department of Education.
  2. The State Department of Education, through the Office of Healthy Schools, shall develop standards, procedures and criteria for the public school nurse programs in Kindergarten through Grade 12. The Office of Healthy Schools of the State Department of Education shall assume the responsibility for promoting a statewide school nurse program designed to prepare local school districts to incorporate the school program into their local educational programs.
  3. From and after July 1, 2007, the School Nurse Intervention Program administered and funded by the State Department of Health shall be transferred to the Office of Healthy Schools of the State Department of Education. Any administrative personnel employed by the State Department of Health for the administration of school nurses under the School Nurse Intervention Program may be considered for employment by the Office of Healthy Schools of the State Department of Education for the purpose of coordinating the employment of school nurses in the school districts. Any administrative personnel formerly employed by the Partnership for a Healthy Mississippi, Inc., for the administration of school nurses in the public schools may be considered for employment by the Office of Healthy Schools of the State Department of Education for the purpose of coordinating the employment of school nurses in the school districts. All records and unexpended balances of accounts in the School Nurse Intervention Program relating to the employment of school nurses shall be transferred to the Office of Healthy Schools in the State Department of Education in accordance with the transfer of responsibility under this chapter.
  4. The nurses in the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program shall have the following specific responsibilities:
    1. Serve as the coordinator of the health services program and provide nursing care;
    2. Provide health education to students;
    3. Implement activities to promote health and prevent tobacco, alcohol and substance use and abuse;
    4. Identify health and safety concerns in the school environment and promote a nurturing social environment;
    5. Administer medications and help students manage their health problems;
    6. Support healthy food services programs;
    7. Promote healthy physical education, sports policies and practices;
    8. Promote dropout prevention programs; and
    9. Participate in allied health programs to introduce students to health careers.
  5. The Office of Healthy Schools of the State Department of Education shall provide resources to all public school nurses so that those schools with school nurses will be prepared to provide health education in Mississippi schools and support the Mississippi Comprehensive Health Framework, Mississippi Physical Education Framework, Wellness Policy, coordinated approach to school health, and other resources required by the State Board of Education.
  6. In administering the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program, the Office of Healthy Schools of the State Department of Education shall perform the following duties:
    1. Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;
    2. Receive grants or any other contributions made to the State Board of Education to be used for specific purposes related to the goals of this chapter;
    3. Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the commission as required by law;
    4. Adopt any rules or regulations that are necessary to carry out the purposes of this chapter;
    5. Develop criteria to measure the effectiveness of a school nurse;
    6. Communicate to superintendents and principals how to maximize the effectiveness of a public school nurse;
    7. Develop recommended salary structure for school districts to use when hiring a school nurse;
    8. Communicate to superintendents, principals and other appropriate school officials regarding the statutes and regulations prohibiting the use of tobacco by school personnel on school property and at school events, and to monitor the effectiveness of this ban;
    9. Implement policies to reduce unnecessary paperwork by public school nurses; and
    10. Take any other actions that are necessary to carry out the purposes of this chapter.

HISTORY: Laws, 2007, ch. 573, § 2; Laws, 2011, ch. 442, § 14, eff from and after July 1, 2011.

Editor’s Notes —

The School Nurse Intervention Program, referred to in this section, is codified as §§41-79-1 through41-79-5.

Amendment Notes —

The 2011 amendment deleted former (6)(c), which read: “Submit an annual report to the Legislature regarding the operation of the School Nurse Intervention Program”; deleted former (6)(j) which read: “Report to the Senate and House Public Health and Welfare and Education Committees’ Chairmen annually on the number of public school nurses, in which schools they are employed, results of their work in relation to the measures in paragraph (f)”; and redesignated former (6)(d) through (6)(i) as (6)(c) through (6)(h) and (6)(k) and ( l ) as (6)(i) and (j).

§ 37-14-5. Waiver or grant for Medicaid coverage of services of public school nurses.

The Division of Medicaid shall cooperate with the State Department of Education to develop and seek approval from the Centers for Medicare and Medicaid Services (CMS) for a waiver or grant to cover the services of public school nurses, as allowed by federal law. The division is also authorized to explore other options for administering and providing services under this program, including, but not limited to, matching any available federal funds. The Department of Education shall place particular emphasis on reducing unnecessary paperwork by public school nurses.

HISTORY: Laws, 2007, ch. 573, § 3, eff from and after July 1, 2007.

§ 37-14-7. Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program Fund established; expenditure of funds limited to specific purposes.

  1. There is established in the State Treasury a special fund to be known as the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program Fund, which shall be comprised of the funds specified in subsection (2) of this section and any other funds that are authorized or required to be deposited into the special fund.
  2. The Legislature shall annually appropriate the funds in the special fund to the Office of Healthy Schools of the State Department of Education, which shall expend the funds solely for the purposes specified in Section 37-14-3. None of the funds in the special fund may be transferred to any other fund or appropriated or expended for any other purpose.
  3. All income from the investment of the funds in the special fund shall be credited to the account of the special fund. Any funds in the special fund at the end of a fiscal year shall not lapse into the State General Fund.

HISTORY: Laws, 2007, ch. 573, § 4, eff from and after July 1, 2007.

Chapter 15. Public Schools; Records, Enrollment and Transfer of Pupils

§ 37-15-1. Maintenance of permanent records and cumulative folders for pupils; requirement of certified birth certificate or other evidence of age.

The State Board of Education shall prepare and provide necessary forms for keeping permanent records and cumulative folders for each pupil in the public schools, including charter schools, of the state. In the permanent record and cumulative folders, the teachers and principals shall keep information concerning the pupil’s date of birth, as verified by the documentation authorized in this section, record of attendance, grades and withdrawal from the school, including the date of any expulsion from the school and a description of the student’s act or behavior resulting in the expulsion. The records also shall contain information pertaining to immunization and such other information as the State Board of Education may prescribe. The cumulative folder, in addition to that information maintained in the permanent records, also shall contain such other information as the State Board of Education shall prescribe. It shall be the responsibility of the person in charge of each school to enforce the requirement for evidence of the age of each pupil before enrollment. If the first prescribed evidence is not available, the next evidence obtainable in the order set forth below shall be accepted:

A certified birth certificate;

A duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by a parent, grandparent or custodian;

An insurance policy on the child’s life which has been in force for at least two (2) years;

A bona fide contemporary Bible record of the child’s birth accompanied by an affidavit sworn to by the parent, grandparent or custodian;

A passport or certificate of arrival in the United States showing the age of the child;

A transcript of record of age shown in the child’s school record of at least four (4) years prior to application, stating date of birth; or

If none of these evidences can be produced, an affidavit of age sworn to by a parent, grandparent or custodian. Any child enrolling in kindergarten or Grade 1 shall present the required evidence of age upon enrollment. Any child in Grades 2 through 12 not in compliance at the end of sixty (60) days from enrollment shall be suspended until in compliance.

HISTORY: Codes, 1942, § 6225-01; Laws, 1953, Ex Sess, ch. 24, § 1; Laws, 1974, ch. 451, § 1; Laws, 1980, ch. 424, § 1; Laws, 1989, ch. 511, § 1; Laws, 1990, ch. 535, § 1; Laws, 1995, ch. 480, § 1; Laws, 2002, ch. 557, § 1; Laws, 2003, ch. 416, § 6; Laws, 2007, ch. 416, § 7; Laws, 2008, ch. 382, § 1; Laws, 2013, ch. 497, § 61, eff from and after July 1, 2013.

Amendment Notes —

The 2003 amendment extended the repealer from July 1, 2003 until July 1, 2007.

The 2007 amendment extended the date of the repealer in the last paragraph from July 1, 2007, until July 1, 2010.

The 2008 amendment deleted the former last paragraph, which read: “This section shall stand repealed on July 1, 2010.”

The 2013 amendment in the first paragraph, inserted “including charter schools” following “each pupil in the public schools” in the first sentence of the first paragraph, and deleted “system” following “expulsion from school” in the second sentence.

Cross References —

Duty of state superintendent of education to determine number of educable children in several school districts, see §37-3-11.

Powers of boards of trustees of school districts to require vaccination of school children, see §37-7-301.

Storage of permanent records, see §37-15-2.

Prohibition against destroying a permanent record of a student, see §37-15-3.

Requirement for continuing census, see §37-15-7.

Applicability of the provisions of this section to charter schools, see §37-28-45.

Immunization required for school attendance, see §41-23-37.

OPINIONS OF THE ATTORNEY GENERAL

Information concerning a student’s record of attendance, among other items, must be maintained in a student’s permanent record and cumulative folder; thus, any disciplinary actions affecting attendance, such as expulsions and suspensions, should be included in the student’s permanent record and cumulative folder and, accordingly, attendance at an alternative school should be duly noted. Bordis, IV, Feb. 9, 2001, A.G. Op. #2000-0710.

RESEARCH REFERENCES

Law Reviews.

Dill, Education law abstract: a survey of prominent issues in Mississippi’s public schools. 13 Miss. C. L. Rev. 337 (Spring, 1993).

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-15-2. Storage of permanent records.

The permanent record provided for in Section 37-15-1 shall be kept, while it is active, in the attendance center office in a fire resistant container.

The permanent record shall be considered active: (a) if the student is enrolled in the school; or (b) if he has withdrawn or has been expelled and the students of the class of which he was a member shall not have reached the time of graduation.

At the point of the student’s graduation or at the time when the student would normally have graduated had he not withdrawn or been expelled from school, the student’s permanent record shall become a part of the permanent binder in the central fire resistant depository or stored digitally as designated and provided by the school board of the school district, or, as an alternative method, the records may be maintained in fire resistant storage at the school last attended by the student. The permanent binding and preservation of the inactive records shall be the duty of the superintendent of the school district who shall maintain a central depository of the records.

HISTORY: Laws, 1974, ch. 451 § 2; Laws, 1980, ch. 424, § 2; Laws, 1986, ch. 492, § 88; Laws, 1995, ch. 480, § 2; Laws, 2014, ch. 442, § 3, eff from and after passage (approved March 26, 2014).

Amendment Notes —

The 2014 amendment, in third paragraph, inserted “or stored digitally” in the first sentence.

Cross References —

Prohibition against destroying a permanent record of a student, see §37-15-3.

§ 37-15-3. Storage of cumulative folders; access to records; disposition of records upon transfer of student between schools; destruction of records.

Such cumulative folders as are provided for in Section 37-15-1 shall be kept in the school wherein the pupils are in attendance. Both the permanent records and the cumulative folders shall be available to school officials, including teachers within the school district who have been determined by the school district to have legitimate educational interests. In no case, however, shall such records be available to the general public. Transcripts of courses and grades may be furnished when requested by the parent or guardian or eligible pupil as prescribed in the Family Educational Rights and Privacy Act of 1974, as amended, 20 USCS Section 1232. Such records shall be kept for each pupil throughout his entire public school enrollment period. In the event a pupil transfers to a public school, including a charter school, then the cumulative folder shall be furnished to the head of the school to which the pupil transfers; if a pupil transfers to a private school, then a copy of the cumulative folder shall be furnished to the head of the school to which the pupil transfers. The permanent record shall be kept permanently by the school district from which the pupil transferred.

At no time may a permanent record of a student be destroyed, but cumulative folders may be destroyed by order of the school board of the school district in not less than five (5) years after the permanent record of the pupil has become inactive and has been transferred to the central depository of the district. Provided, however, that where a school district makes complete copies of inactive permanent records on photographic film, microfilm, or any other acceptable form of medium for storage which may be reproduced as needed, such permanent records may be destroyed after the photographic film or microfilm copy has been stored in the central depository of the district.

HISTORY: Codes, 1942, § 6225-02; Laws, 1953, Ex Sess, ch. 24, § 2; Laws, 1954, ch. 266; Laws, 1974, ch. 451, § 3; Laws, 1980, ch. 424, § 3; Laws, 1986, ch. 492, § 89; Laws, 1995, ch. 480, § 3; Laws, 2009, ch. 444, § 1; Laws, 2013, ch. 497, § 62, eff from and after July 1, 2013.

Amendment Notes —

The 2009 amendment, in the last sentence of the second paragraph, added “or any other acceptable form of medium for storage” following “permanent records on photographic film,” and made minor stylistic changes.

The 2013 amendment inserted “including a charter school” following “pupil transfers to a public school” in the sixth sentence of the first paragraph.

Cross References —

Storage of permanent records, see §37-15-2.

Records that are in the process of being audited or that are the basis of litigation cannot be destroyed until 12 months after final completion of the audit or litigation, see §37-15-8.

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-15-4. Maintenance of records relating to district-wide reports.

The school board of every school district, as created and empowered by law, shall keep and preserve permanently a copy of all district-wide reports required by the State Board of Education to be filed on an annual basis.

Copies of those district-wide reports required by the State Board of Education on less than an annual basis may be destroyed after five (5) years upon approval of the school board of the school district.

All supporting documents necessary to compile such district-wide reports, except as delineated in Section 37-15-8 may be destroyed after three (3) years following the academic year for which the report was made upon approval of the school board of the school district.

HISTORY: Laws, 1974, ch. 451 § 4; Laws, 1986, ch. 492, § 90, eff from and after July 1, 1987.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Records that are in the process of being audited or that are the basis of litigation cannot be destroyed until 12 months after final completion of the audit or litigation, see §37-15-8.

§ 37-15-5. Repealed.

Repealed by Laws, 1986, ch. 492, § 97, eff from and after July 1, 1987.

[Codes, 1942, § 6225-05; Laws, 1953, Ex Sess, ch. 24, § 5]

Editor’s Notes —

Former §37-15-5 provided that pay certificates would be held up and not issued until the records were in good order and properly filled out.

§ 37-15-6. Central reporting system for information concerning expulsions from public schools; access to information.

For the purpose of providing notice to public and private school officials, both within and outside the boundaries of the state, of the expulsion of any public school student, the State Department of Education may develop a central reporting system for maintaining information concerning each expulsion from a public school. In establishing and maintaining the reporting system, the department may require each school district and charter school to report, within a certain period of time after an expulsion, as established by the department, information such as the following:

The name of the student expelled;

The date the student was expelled;

The age of the student at the time of the expulsion;

The school from which the student was expelled;

The reason for the expulsion, including a detailed description of the student’s act or acts;

The duration of the period of expulsion, if not indefinite; and

Any other information that the department deems necessary for school officials in a public or private school, where a student is seeking enrollment, to determine whether or not a student should be denied enrollment based upon a previous expulsion.

Any information maintained by the department under the authority of this section shall be strictly confidential. The information shall be available to school officials at a public or private school only upon their request and only when a student seeks enrollment or admission to that school. In no case shall the information be available to the general public.

HISTORY: Laws, 1995, ch. 480, § 4; Laws, 2013, ch. 497, § 63, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted “and charter school” in the second sentence of the first paragraph.

Cross References —

Expulsion of student possessing controlled substance or weapon or committing violent act, see §37-11-18.

Expulsion of habitually disruptive students, see §37-11-18.1.

Suspension or expulsion of student damaging school property, see §37-11-19.

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-15-7. Maintenance of continuing census.

In addition to the cumulative records provided for in Section 37-15-1, there shall be kept a continuing census of all children below the age of nineteen within each school district. Such record shall be kept as a part of the permanent office records of the superintendent of the district.

HISTORY: Codes, 1942, § 6225-04; Laws, 1953, Ex Sess, ch. 24, § 4, eff from and after July 1, 1954.

§ 37-15-8. Schedule for disposal of records.

The superintendent of the school district shall have the authority, with the approval of the school board of the school district spread upon its minutes, to dispose of the following records:

After five (5) years:

  1. Bank statements;
  2. Cancelled warrants and pay certificates;
  3. School board paid bills;
  4. Bids received, either accepted or rejected, for supplies, materials, equipment and construction;
  5. Depository receipt warrants;
  6. School board claims dockets, where claims are recorded on the minutes of the board;
  7. Original of school board’s orders after such orders have been recorded in the minute book;
  8. Cancelled bonds and coupons;
  9. Tax collector’s reports of tax collection to superintendent of schools;
  10. Transportation records.

    Notwithstanding any of the provisions of Sections 37-15-1 through 37-15-4, 37-15-8 and 37-15-10 to the contrary, no records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of said audits and litigation.

After three (3) years:

Teacher contracts, computed from the expiration date thereof;

Bus purchase documents;

Teachers’ registers, principals’ reports and other evidence necessary to prepare the reports to the State Board of Education.

After period to be set by the State Board of Education such other documents of a temporary or transitory nature as the State Board of Education by regulation shall designate.

HISTORY: Laws, 1974, ch. 451 § 5; Laws, 1986, ch. 492, § 91; Laws, 2004, ch. 357, § 8, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “superintendent” in the first paragraph; and deleted “or the administrative superintendent” following “superintendent of schools” in (a)(9).

Cross References —

Maintenance of records relating to district-wide reports, see §37-15-4.

§ 37-15-9. Requirements for enrollment of children in public schools.

  1. Except as provided in subsection (2) and subject to the provisions of subsection (3) of this section, no child shall be enrolled or admitted to any kindergarten which is a part of a public school during any school year unless such child will reach his fifth birthday on or before September 1 of said school year, and no child shall be enrolled or admitted to the first grade in any public school during any school year unless such child will reach his sixth birthday on or before September 1 of said school year. No pupil shall be permanently enrolled in a public school in the State of Mississippi who formerly was enrolled in another public or private school within the state until the cumulative record of the pupil shall have been received from the school from which he transferred. Should such record have become lost or destroyed, then it shall be the duty of the superintendent or principal of the school where the pupil last attended school to initiate a new record.
  2. Subject to the provisions of subsection (3) of this section, any child who transfers from an out-of-state public or private school in which that state’s law provides for a first-grade or kindergarten enrollment date subsequent to September 1, shall be allowed to enroll in the public schools of Mississippi, at the same grade level as their prior out-of-state enrollment, if:
    1. The parent, legal guardian or custodian of such child was a legal resident of the state from which the child is transferring;
    2. The out-of-state school from which the child is transferring is duly accredited by that state’s appropriate accrediting authority;
    3. Such child was legally enrolled in a public or private school for a minimum of four (4) weeks in the previous state; and
    4. The superintendent of schools in the applicable Mississippi school district or the principal of a charter school, as the case may be, has determined that the child was making satisfactory educational progress in the previous state.
  3. When any child applies for admission or enrollment in any public school in the state, the parent, guardian or child, in the absence of an accompanying parent or guardian, shall indicate on the school registration form if the enrolling child has been expelled from any public or private school or is currently a party to an expulsion proceeding. If it is determined from the child’s cumulative record or application for admission or enrollment that the child has been expelled, the school district or charter school may deny the student admission and enrollment until the superintendent of the school, or his designee, or principal of the charter school, as the case may be, has reviewed the child’s cumulative record and determined that the child has participated in successful rehabilitative efforts including, but not limited to, progress in an alternative school or similar program. If the child is a party to an expulsion proceeding, the child may be admitted to a public school pending final disposition of the expulsion proceeding. If the expulsion proceeding results in the expulsion of the child, the public school may revoke such admission to school. If the child was expelled or is a party to an expulsion proceeding for an act involving violence, weapons, alcohol, illegal drugs or other activity that may result in expulsion, the school district or charter school shall not be required to grant admission or enrollment to the child before one (1) calendar year after the date of the expulsion.

HISTORY: Codes, 1942, § 6225-03; Laws, 1953, Ex Sess, ch. 24, § 3; Laws, 1976, ch. 390, § 1; Laws, 1986, ch. 464; Laws, 1987, ch. 315; Laws, 1994, ch. 607, § 19; Laws, 2003, ch. 397, § 2; Laws, 2013, ch. 497, § 64; Laws, 2014, ch. 442, § 4; Laws, 2014, ch. 491, § 10, eff from and after passage (approved April 15, 2014).

Joint Legislative Committee Note —

Section 4 of ch. 442, Laws of 2014, effective from and after passage (approved March 26, 2014), amended this section. Section 10 of ch. 491, Laws of 2014, effective from and after passage (approved April 15, 2014), also amended this section. As set out above, this section reflects the language of Section 10 of ch. 491, Laws of 2014, which contains language that specifically provides that it supersedes §37-15-9 as amended by Chapter 442, Laws of 2014.

Editor’s Notes —

Laws of 2011, ch. 409, § 1, provides:

“SECTION 1. (1) The State Department of Education shall conduct a survey of each public school district in this state in order to determine the feasibility of allowing children who attain five (5) years of age on or before July 1 to enroll in public school kindergarten, as opposed to the existing requirement that a child attain the age of five (5) years on or before September 1 of the school year in which the child is to be enrolled in a full-day public school kindergarten. The survey should assess student preparedness, transition and adaptation to the school and learning environment, effectiveness of instruction as applied to student retention, and any other component the department deems necessary to make an accurate determination of the feasibility of a July 1 enrollment age.

“(2) The department shall submit a report of the findings of the survey conducted under subsection (1) of this section to the Legislature for consideration by January 1, 2012.”

Amendment Notes —

The 2003 amendment rewrote the first sentence of (1) to provide that the compulsory school attendance law shall apply to five-year olds who have enrolled in full-day public school kindergarten programs; and made minor stylistic changes in (3).

The 2013 amendment in (1), substituted “a public school system” for “the free public school system” and “public school” for “school which is part of the free public school system” in the first sentence and inserted “public” following “permanently enrolled in” in the second sentence; inserted “or the principal of a charter school, as the case may be” in (2)(d); in (3), inserted “or charter school” and “or principal of the charter school, as the case may be” in the second sentence, and “or charter school” in the last sentence.

The first 2014 amendment (ch. 442) substituted “August 1” for ”September 1” twice in (1) and once in the introductory language in (2).

The second 2014 amendment (ch. 491) substituted “September 1” for ”August 1” twice in (1) and once in the introductory language in (2).

Cross References —

Expulsion of student possessing controlled substance or weapon or committing violent act, see §37-11-18.

Expulsion of habitually disruptive students, see §37-11-18.1.

Suspension or expulsion of student damaging school property, see §37-11-19.

Assignment of child enrolling in public schools to particular school or attendance center generally, see §37-15-13.

Factors to be considered in making assignments, see §37-15-15.

Review or reconsideration by school board of assignment of child, see §37-15-17.

Applicability of the provisions of this section to charter schools, see §37-28-45.

OPINIONS OF THE ATTORNEY GENERAL

The exception to the age of enrollment provided at subsection (2) of Section 37-15-9 applies only to those children who meet all of the subsection’s qualifications and who are making a lateral transfer directly from an out-of-state school. Fox, August 14, 1995, A.G. Op. #95-0550.

In regard to determining the proper residency of a child for school attendance purposes, a child may reside with an adult other than his parent or guardian, but should not do so strictly for school attendance purposes. Eskridge, Sept. 5, 2003, A.G. Op. 03-0699.

Education is not a fundamental right, and the proper test in determining whether a student’s due process rights have been violated by a disciplinary action removing them from the school setting is whether such action was rationally related to legitimate governmental interests. Fleming, July 15, 2005, A.G. Op. 05-0320.

RESEARCH REFERENCES

ALR.

Power of school authorities to set minimum or maximum age requirements for pupils. 78 A.L.R.2d 1021.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 268, 269 et seq.

13C Am. Jur. Legal Forms 2d, Parent and Child §§ 191.11 et seq. (proof of birthdate).

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 174 (complaint, petition, or declaration by guardian ad litem or next friend to enjoin denial of admission of minor to schools); Form 178 (complaint, petition, or declaration for damages for refusal to admit minor resident to school located in district of minor’s residency).

CJS.

78A C.J.S., Schools and School Districts §§ 962 et seq.

JUDICIAL DECISIONS

1. In general.

State residency requirement for admission to tuition-free public schools does not violate equal protection clause of of Fourteenth Amendment. Martinez v. Bynum, 461 U.S. 321, 103 S. Ct. 1838, 75 L. Ed. 2d 879, 1983 U.S. LEXIS 158 (U.S. 1983).

§ 37-15-10. Administration of provisions relating to records.

The state board of education shall administer Sections 37-15-1 through 37-15-4, 37-15-8 and this section and issue such additional standards and regulations as might be necessary in carrying out this duty.

HISTORY: Laws, 1974, ch. 451 § 6, eff from and after passage (approved March 26, 1974).

§ 37-15-11. Requirement that parent, legal guardian, or legal custodian accompany child applying for enrollment.

Whenever any minor child seeks or applies to enroll or gain entrance to any public school in this state, and the child is not accompanied by an adult or is accompanied by an adult who is not the child’s parent, guardian, if a legal guardian has been appointed for the child, or legal custodian, the school official or officials or teacher to whom the child applies or reports for enrollment or admission may delay consideration of the enrollment or enlistment of the minor child and require the child’s parent, legal guardian or legal custodian to accompany the child and apply for enrollment and admission into the school for and on behalf of the minor child.

HISTORY: Codes, 1942, § 6225-03.5; Laws, 1960, ch. 314; Laws, 2002, ch. 397, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-15-13. Assignment of child enrolling in public schools to particular school or attendance center generally.

When any child qualified under the requirements of Section 37-15-9 shall apply or present himself for enrollment in or admission to the public schools of any school district of this state, the school board of such school district shall have the power and authority to designate the particular school or attendance center of the district in which such child shall be enrolled and which he shall attend; no enrollment of a child in a school shall be final or permanent until such designation shall be made by said school board. No child shall be entitled to attend any school or attendance center except that to which he has been assigned by the school board; 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.

HISTORY: Codes, 1942, § 6334-01; Laws, 1954, ch. 260, § 1; Laws, 1986, ch. 492, § 92; Laws, 1994, ch. 607, § 20, eff from and after July 2, 1994.

Cross References —

Requirements for enrollment of children in public schools, see §37-15-9.

Factors to be considered in making assignments, see §37-15-15.

Review or reconsideration by school board of assignment of child, see §37-15-17.

Judicial review of assignment of child, see §37-15-21.

Transfer of students between school districts generally, see §37-15-31.

Transfer or assignment of school children to another school or district when schools are closed pursuant to governor’s order, see §37-65-9.

Transfer or assignment of school children to another school or district when schools are closed pursuant to order of district board of trustees, see §37-65-107.

OPINIONS OF THE ATTORNEY GENERAL

A school district has the inherent power to make rules and regulations regarding the placement of its students in the appropriate grade. This authority includes making appropriate placements of a child into a particular grade by way of either assignment, promotion or retention of a student. Note: Johnson, Dec. 3, 2002, A.G. Op. 02-0450 is modified. Storey, July 18, 2003, A.G. Op. 03-0342.

A school board makes the appropriate school assignment for children of non-instructional and non-certificated employees who are residents of the school district. Smith, July 30, 2004, A.G. Op. 04-0327.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 991.

JUDICIAL DECISIONS

1. In general.

2. Relationship to other laws.

3. Transfers.

1. In general.

Although this section [Code 1942, § 6334-01] provides that the trustees may assign a pupil who appears or presents himself for enrollment, this assignment must be made on an individual basis and not en masse. Board of Educ. v. Wilburn, 223 So. 2d 665, 1969 Miss. LEXIS 1289 (Miss. 1969), overruled, In re Petition of 2,952 Registered Voters, etc., 574 So. 2d 619, 1990 Miss. LEXIS 814 (Miss. 1990).

2. Relationship to other laws.

These sections [Code 1942, §§ 6334-01 et seq.] should be read in connection with Code 1942, § 6248-07, and the two laws so interpreted as to give effect to the legislative intent expressed in Code 1942, § 6334-07. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

Chapter 260, Laws of 1954 [Code 1942, §§ 6334-01 et seq.], did not apply to a situation where students living in a school district organized under the Laws of 1953, Ex. Sess, Ch 12 [Code 1942, §§ 6228-01 et seq.], were permitted to attend school in another school district without the consent and approval of the board of trustees of the district wherein the students resided. Hinze v. Winston County Board of Education, 233 Miss. 867, 103 So. 2d 353, 1958 Miss. LEXIS 450 (Miss. 1958).

3. Transfers.

Refusal of county board of education to transfer pupil assigned to one school to another, held not arbitrary or capricious. County Board of Education v. Smith, 239 Miss. 53, 121 So. 2d 139, 1960 Miss. LEXIS 266 (Miss. 1960).

§ 37-15-15. Factors to be considered in making assignments.

In making assignments of children to schools or attendance centers, the school board shall take into consideration the educational needs and welfare of the child involved, the welfare and best interest of all the pupils attending the school or schools involved, the availability of school facilities, sanitary conditions and facilities at the school or schools involved, health and moral factors at the school or schools, and in the community involved, and all other factors which the school board may consider pertinent, relevant or material in their effect on the welfare and best interest of the school district and the particular school or schools involved. All such assignments shall be on an individual basis as to the particular child involved and, in making such assignment, the school board shall not be limited or circumscribed by the boundaries of any attendance areas which may have been established by such board.

HISTORY: Codes, 1942, § 6334-02; Laws, 1954, ch. 260, § 2; Laws, 1986, ch. 492, § 93, eff from and after July 1, 1987.

Cross References —

Assignment of child enrolling in public schools to particular school or attendance center generally, see §37-15-13.

Review or reconsideration by school board of assignment of child, see §37-15-17.

Judicial review of assignment of child, see §37-15-21.

OPINIONS OF THE ATTORNEY GENERAL

In filling classroom space, which the exception of any student falling within the federal definition of special population, the school board should follow the statutory mandate and balance the listed factors. Foreman, Oct. 3, 1991, A.G. Op. #91-0677.

A school board has the authority to retain a student in kindergarten for an additional year if the district deems that placement of the student in the first grade would not be the most appropriate educational placement. Johnson, Dec. 3, 2002, A.G. Op. #02-0450.

A school district has the inherent power to make rules and regulations regarding the placement of its students in the appropriate grade. This authority includes making appropriate placements of a child into a particular grade by way of either assignment, promotion or retention of a student. Note: Johnson, Dec. 3, 2002, A.G. Op. 02-0450 is modified. Storey, July 18, 2003, A.G. Op. 03-0342.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 991.

JUDICIAL DECISIONS

1. In general.

2. Sibling assignments.

1. In general.

Refusal of county board of education to transfer pupil assigned to one school to another, held not arbitrary or capricious. County Board of Education v. Smith, 239 Miss. 53, 121 So. 2d 139, 1960 Miss. LEXIS 266 (Miss. 1960).

2. Sibling assignments.

The defendant school district did not violate the statute in refusing to order the transfer of a student from his current elementary school to school his older sister attended on the ground that no space was available at the latter school at the time of the request; however, such a transfer was required when space became available. Pascagoula Mun. Separate Sch. Dist. v. Barton, 776 So. 2d 683, 2001 Miss. LEXIS 21 (Miss. 2001).

§ 37-15-17. Review or reconsideration by school board of assignment of child.

If the parent, guardian or other person having custody of any child shall feel aggrieved by the assignment of such child to a school or attendance center by the school board, then such parent, guardian or other person may, at any time within thirty (30) days after such assignment, make application in writing to the school board for a review or reconsideration of such assignment. Upon receiving any such application, the school board shall set a time and place for the hearing thereof which time shall be not more than fifteen (15) days after the regular meeting of said board next succeeding the date of the filing of said application. At the time and place so fixed, the person filing such application shall have the right to appear and present evidence in support of said application. After hearing said evidence, the school board shall determine whether said application is well taken and supported by the evidence and shall enter an order either affirming its previous action or modifying or changing same as said school board shall find proper.

HISTORY: Codes, 1942, § 6334-03; Laws, 1954, ch. 260, § 3; Laws, 1986, ch. 492, § 94, eff from and after July 1, 1987.

Cross References —

Factors to be considered in making assignments, see §37-15-15.

Judicial review of assignment of child, see §37-15-21.

OPINIONS OF THE ATTORNEY GENERAL

A school district has the inherent power to make rules and regulations regarding the placement of its students in the appropriate grade. This authority includes making appropriate placements of a child into a particular grade by way of either assignment, promotion or retention of a student. Note: Johnson, Dec. 3, 2002, A.G. Op. 02-0450 is modified. Storey, July 18, 2003, A.G. Op. 03-0342.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 192 (complaint, petition, or declaration to enjoin transfer of students from one school district to another); Form 194 (judgment or decree enjoining transfer of students from one school district to another).

JUDICIAL DECISIONS

1. In general.

A parent objecting to the assignment of a child to an attendance center in the county of residence may apply to the trustees for a review, and appeal from their determination to the county board of education, and thence to the circuit court. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

§ 37-15-19. Repealed.

Repealed by Laws, 1986, ch. 492, § 97, eff from and after July 1, 1987.

[Codes, 1942, § 6334-04; Laws, 1954, ch. 260, § 4]

Editor’s Notes —

Former §37-15-19 provided for appeals of review or reconsideration of assignments of children to schools to the county board of education.

§ 37-15-21. Judicial review of assignment of child.

If any parent, guardian or other person having custody of any child affected by the assignment of such child to a school or attendance center by the school board shall feel aggrieved at the order of the school board provided for in Section 37-15-17, such person may, at any time within thirty (30) days from the date of such order, appeal therefrom by filing a petition for appeal in the circuit court of the county in which the school district involved is located. Upon the filing of such petition for an appeal, process shall be issued for and served upon the president of the school board of the school district involved. Upon being served with process, it shall be the duty of the school board to transmit promptly to the court a certified copy of the entire record of the proceedings as shown by the file of the school board. From the judgment of the circuit court, an appeal may be taken to the Supreme Court in the same manner as other appeals are taken from other judgments of such court.

HISTORY: Codes, 1942, § 6334-05; Laws, 1954, ch. 260, § 5; Laws, 1986, ch. 492, § 95; Laws, 1987, ch. 307, § 15, eff from and after passage (approved March 3, 1987).

Cross References —

Factors to be considered in making assignments, see §37-15-15.

Review or reconsideration by school board of assignment of child, see §37-15-17.

OPINIONS OF THE ATTORNEY GENERAL

A school district has the inherent power to make rules and regulations regarding the placement of its students in the appropriate grade. This authority includes making appropriate placements of a child into a particular grade by way of either assignment, promotion or retention of a student. Note: Johnson, Dec. 3, 2002, A.G. Op. 02-0450 is modified. Storey, July 18, 2003, A.G. Op. 03-0342.

JUDICIAL DECISIONS

1. In general.

2. Nature of appeal.

3. Issues reviewable.

4. Record on appeal.

5. Miscellaneous.

1. In general.

The former provisions of this section [Code 1942, § 6334-05] providing for trial de novo before a jury on an appeal in the circuit court were unconstitutional and invalid as a violation of the provisions relating to separation of powers. Loftin v. George County Board of Education, 183 So. 2d 621, 1966 Miss. LEXIS 1426 (Miss. 1966).

2. Nature of appeal.

Trustees of a school district appealing from an order of the county board of education to the circuit court are not there entitled to a trial de novo before a jury. Loftin v. George County Board of Education, 183 So. 2d 621, 1966 Miss. LEXIS 1426 (Miss. 1966).

3. Issues reviewable.

Courts on appeal from a determination of a county board of education are limited to the question whether the action of the board is supported by substantial evidence or is arbitrary or capricious, or transcends its power, or violates some statutory or constitutional right of an interested party. County Board of Education v. Smith, 239 Miss. 53, 121 So. 2d 139, 1960 Miss. LEXIS 266 (Miss. 1960).

4. Record on appeal.

It is the duty of the person appealing from an order of the county board of education to take the necessary steps to preserve the record of the facts or circumstances upon which he intends to base a reversal of the order in the circuit court. Loftin v. George County Board of Education, 183 So. 2d 621, 1966 Miss. LEXIS 1426 (Miss. 1966).

This section [Code 1942, § 6334-05] is sufficiently broad to allow making a stenographic record of the testimony and the certification of a transcript of such testimony by the county board of education to the circuit court, or to authorize the county board of education to allow a bill of exceptions. Loftin v. George County Board of Education, 183 So. 2d 621, 1966 Miss. LEXIS 1426 (Miss. 1966).

5. Miscellaneous.

A pupil cannot transfer from the school district of one county to the school district of another county without the approval of the board of trustees of the school district of his residence or the approval of the county school board of his residence, and no appeal will lie to the state educational finance commission for a hearing de novo from the ruling of the county school board denying the application to transfer except in 2 situations provided by this section [Code 1942 § 6248-07]; the appeal, otherwise, is to the Circuit Court as provided by Code 1942 § 6334-05. Tally v. Scott County, 282 So. 2d 217, 1973 Miss. LEXIS 1214 (Miss. 1973).

§§ 37-15-23 through 37-15-27. Repealed.

Repealed by Laws, 1986, ch. 492, § 97, eff from and after July 1, 1987.

§§37-15-23 through37-15-27. [Codes, 1942, §§ 6334-06, 6334-07; Laws, 1954, ch. 260, §§ 6, 7]

Editor’s Notes —

Former §§37-15-23 through37-15-27 provided special provisions governing appeals in county-wide school districts, line districts and municipal separate school districts, respectively.

§ 37-15-29. Minor child to attend school in district of residence; exceptions.

  1. Except as provided in subsections (2), (3), (4) and (5) of this section, no minor child may enroll in or attend any school except in the school district of his residence, unless such child be lawfully transferred from the school district of his residence to a school in another school district in accord with the statutes of this state now in effect or which may be hereafter enacted.
  2. Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at such employee’s discretion enroll and attend the school or schools of their parent’s or legal guardian’s employment regardless of the residence of the child.
  3. No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in such geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the parent or legal guardian of such child and the school board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final. The school districts involved in the appeal shall provide the Mississippi Department of Education with any school bus route information requested, including riding the buses as necessary, in order to measure the bus routes in question, as needed by the State Board of Education in considering the appeal.
  4. Those children lawfully transferred from the school district of his residence to a school in another school district prior to July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in the transferee school district. Provided further, that the brother(s) and sister(s) of said children lawfully transferred prior to July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district.
  5. Those children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces or civilian military personnel and reside on a military base, may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the school district of their parent’s or legal guardian’s choosing, regardless of the residence of the child, provided the school district where the student resides or in an adjacent school district and the parent’s or guardian’s choice of school district does not violate the provision of subsection (3) of this section prohibiting the transportation of students in excess of thirty (30) miles.

HISTORY: Codes, 1942, § 6334-11; Laws, 1960, ch. 315; Laws, 1989, ch. 508, § 1; Laws, 1990, ch. 565, § 1; Laws, 1991, ch. 349, § 1; Laws, 1992, ch. 410, § 1; Laws, 2010, ch. 483, § 8; Laws, 2013, ch. 473, § 1, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1989, ch. 508, § 4, provides as follows:

“SECTION 4. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.”

Laws of 1990, ch. 565, § 4, provides as follows:

“SECTION 4. It is the intent of the Legislature that the provisions of this act shall be applicable only to the extent possible within the scope of any federal court consent judgment or any federal court order imposed upon any school district within the state. The provisions of this act shall be in effect and shall be enforceable only within the scope of such federal court order.”

Laws of 1991, ch. 349, § 4, provides as follows:

“SECTION 4. It is the intent of the Legislature that the provisions of this act shall be applicable only to the extent possible within the scope of any federal court consent judgment or any federal court order imposed upon any school district within the state. The provisions of this act shall be in effect and shall be enforceable only within the scope of such federal court order.”

Amendment Notes —

The 2010 amendment added the last sentence in (3).

The 2013 amendment substituted “(2), (3), and (5)” for “(2), (3) and (4)” in (1); and added (5).

Cross References —

Assignment of child enrolling in public schools to particular school or attendance center generally, see §37-15-13.

Requirement that school board accept transfer student meeting conditions of this section, see §37-15-31.

OPINIONS OF THE ATTORNEY GENERAL

While transfer of child whose parent(s) or legal guardian(s) is instructional personnel or certificated employee is automatic upon request, school board will make appropriate school assignment when child is, by reason of age or grade, ineligible to attend school or schools of parent’s or guardian’s assignment. Johnson, Sept. 19, 1990, A.G. Op. #90-0535.

“Instructional personnel” includes assistant reading instructors, assistant teachers and teacher’s aides, as they assist pupils in instruction under supervision of qualified teacher. Piazza, August 26, 1992, A.G. Op. #92-0642.

School district cannot refuse to allow child of instructional or certificated employee to enroll in district of employment even if parent or legal guardian is out of state resident. Musgrove, Oct. 1, 1992, A.G. Op. #92-0696.

Under Sections 37-15-29 and 37-15-31, there is no power or authority for the State Board of Education to hear an appeal of any other question arising in transfer cases. Burnham, June 14, 1995, A.G. Op. #95-0358.

If a child is not a resident of the district and is not admitted to a school in the district pursuant to a valid transfer agreement, then that child should be disenrolled from the school. The district should consider the educational welfare and needs of the child in deciding when to terminate the student’s enrollment. Necaise, Dec. 20, 2002, A.G. Op. #02-0672.

A transfer pursuant to subsection (3) of this section remains effective only if the student is over thirty (30) miles away from his school. Consequently, a school board has the authority to deny a request for transfer if the student does not meet the exception. However, a parent may file a petition with the school board requesting a transfer to another school district pursuant to §37-15-31(1)(a). Pope, May 14, 2004, A.G. Op. 04-0177.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 271-274.

CJS.

78A C.J.S., Schools and School Districts §§ 989, 991, 992.

JUDICIAL DECISIONS

1. In general.

Federal District Court could not order consolidation of county school district and city school district based on allegations that student transfer statutes were being used to thwart desegregation of districts where disparity in black and white enrollment in districts was not shown to be caused by or significantly affected by interdistrict transfers. United States v. Mississippi, 719 F. Supp. 1364, 1989 U.S. Dist. LEXIS 10051 (S.D. Miss. 1989), aff'd, 921 F.2d 604, 1991 U.S. App. LEXIS 806 (5th Cir. Miss. 1991).

§ 37-15-31. Transfer of students between school districts generally.

    1. Except as provided in subsections (2) through (5) of this section, upon the petition in writing of a parent or guardian resident of the school district of an individual student filed or lodged with the president or secretary of the school board of a school district in which the pupil has been enrolled or is qualified to be enrolled as a student under Section 37-15-9, or upon the aforesaid petition or the initiative of the school board of a school district as to the transfer of a grade or grades, individual students living in one school district or a grade or grades of a school within the districts may be legally transferred to another school district, by the mutual consent of the school boards of all school districts concerned, which consent must be given in writing and spread upon the minutes of such boards.
    2. The school board of the transferring school district to which such petition may be addressed shall act thereon not later than its next regular meeting subsequent to the filing or lodging of the petition, and a failure to act within that time shall constitute a rejection of such request. The school board of the other school district involved (the transferee board) shall act on such request for transfer as soon as possible after the transferor board shall have approved or rejected such transfer and no later than the next regular meeting of the transferee board, and a failure of such transferee board to act within such time shall constitute a rejection of such request. If such a transfer is approved by the transferee board, then such decision shall be final. If such a transfer should be refused by the school board of either school district, then such decision shall be final.
    3. Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected school board.
    1. Upon the petition in writing of any parent or guardian who is a resident of Mississippi and is an instructional or licensed employee of a school district, but not a resident of such district, the school board of the employer school district shall consent to the transfer of such employee’s dependent school-age children to its district and shall spread the same upon the minutes of the board. Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the school board of the employer school district shall consent to the transfer of such employee’s dependent school-age children to its district and shall spread the same upon the minutes of the board.
    2. The school board of any school district, in its discretion, may adopt a uniform policy to allow the enrollment and attendance of the dependent children of noninstructional and nonlicensed employees, who are residents of Mississippi but are not residents of their district. Such policy shall be based upon the employment needs of the district, implemented according to job classification groups and renewed each school year.
    3. The employer transferee school district shall notify in writing the school district from which the pupil or pupils are transferring, and the school board of the transferor school district shall spread the same upon its minutes.
    4. Any such agreement by school boards for the legal transfer of a student shall include a provision providing for the transportation of the student. In the absence of such a provision the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.
    5. Any school district which accepts a student under the provisions of this subsection shall not assess any tuition fees upon such transferring student in accordance with the provisions of Section 37-19-27.
  3. Upon the petition in writing of any parent or legal guardian of a school-age child who is a resident of an adjacent school district residing in the geographical situation described in Section 37-15-29(3), the school board of the school district operating the school located in closer proximity to the residence of the child shall consent to the transfer of the child to its district, and shall spread the same upon the minutes of the board. Any such agreement by school boards for the legal transfer of a student under this subsection shall include a provision for the transportation of the student by either the transferor or the transferee school district. In the event that either the school board of the transferee or the transferor school district shall object to the transfer, it shall have the right to appeal to the State Board of Education whose decision shall be final. However, if the school boards agreeing on the legal transfer of any student shall fail to agree on which district shall provide transportation, the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.
  4. Upon the petition in writing of any parent or legal guardian of a school-age child who was lawfully transferred to another school district prior to July 1, 1992, as described in Section 37-15-29(4), the school board of the transferee school district shall consent to the transfer of such child and the transfer of any school-age brother and sister of such child to its district, and shall spread the same upon the minutes of the board.
    1. If the board of trustees of a municipal separate school district with added territory does not have a member who is a resident of the added territory outside the corporate limits, upon the petition in writing of any parent or legal guardian of a school-age child who is a resident of the added territory outside the corporate limits, the board of trustees of the municipal separate school district and the school board of the school district adjacent to the added territory shall consent to the transfer of the child from the municipal separate school district to the adjacent school district. The agreement must be spread upon the minutes of the board of trustees of the municipal separate school district and the school board of the adjacent school district. The agreement must provide for the transportation of the student. In the absence of such a provision, the parent or legal guardian shall be responsible for transporting the student to the adjacent school district. Any school district that accepts a student under this subsection may not assess any tuition fees against the transferring student.
    2. Before September 1 of each year, the board of trustees of the municipal separate school district shall certify to the State Department of Education the number of students in the added territory of the municipal separate school district who are transferred to the adjacent school district under this subsection. The municipal separate school district also shall certify the total number of students in the school district residing in the added territory plus the number of those students who are transferred to the adjacent school district. Based upon these figures, the department shall calculate the percentage of the total number of students in the added territory who are transferred to the adjacent school district and shall certify this percentage to the levying authority for the municipal separate school district. The levying authority shall remit to the school board of the adjacent school district, from the proceeds of the ad valorem taxes collected for the support of the municipal separate school district from the added territory of the municipal separate school district, an amount equal to the percentage of the total number of students in the added territory who are transferred to the adjacent school district.

HISTORY: Codes, 1942, § 6248-07; Laws, 1953, Ex Sess, ch. 14, § 7; Laws, 1954, Ex Sess, ch. 25, §§ 1, 2 (¶¶ 1, 2); Laws, 1960, ch. 296, §§ 1, 2; Laws, 1962, ch. 357, § 1; Laws, 1986, ch. 492, § 96; Laws, 1987, ch. 307, § 16; Laws, 1988, ch. 466, § 1; Laws, 1989, ch. 508, § 2; Laws, 1990, ch. 565, § 2; Laws, 1991, ch. 349, § 2; Laws, 1992, ch. 410, § 2; Laws, 1993, ch. 602, § 3; Laws, 1994, ch. 597, § 1; Laws, 1994, ch. 607, § 21; Laws, 2001, ch. 454, § 1, eff from and after July 1, 2001.

Editor’s Notes —

Section 37-19-27 referred to in (2)(e) was repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

Amendment Notes —

The 2001 amendment rewrote the section.

Cross References —

Abolition, reorganization or alteration of school district generally, see §§37-7-101 et seq.

Requirements for enrollment of children in public schools, see §37-15-9.

Minor child to attend school in district of residence with certain exceptions, see §§37-15-29.

OPINIONS OF THE ATTORNEY GENERAL

Under Sections 37-15-29 and 37-15-31, there is no power or authority for the State Board of Education to hear an appeal of any other question arising in transfer cases. Burnham, June 14, 1995, A.G. Op. #95-0358.

There is distinction in this section between full-time and part-time employees; therefore, if the school board makes a factual determination that substitute bus drivers are working under an employment agreement similar to that afforded full-time bus drivers, then substitute bus drivers may be considered school district employees for the purpose of the privileges afforded by this section. Lowrey, January 29, 1999, A.G. Op. #98-0771.

As there is no specific time limitation set forth in the statute, the transfer of a student is effective until the school board of either school district, or the county board of education if applicable, revokes its consent; however, it is important to note that in the absence of express statutory authority, a school board cannot enter into a transfer contract with another school board for a period of time that would deprive a subsequent board of its rights and powers since any such contract would be voidable at the election of the subsequent board. Swanson, Feb. 16, 2001, A.G. Op. #2000-0766.

A school district is authorized to accept tuition from nonresident students pursuant to the provisions of this section and Section 37-151-93; however, nothing in the law requires a district to do so. Necaise, Dec. 20, 2002, A.G. Op. #02-0672.

A school district has the discretion to adopt a policy allowing children of non-instructional and non-licensed employees residing outside the district to attend school in the district. Smith, July 30, 2004, A.G. Op. 04-0327.

A school board makes the appropriate school assignment for children of non-instructional and non-certificated employees who are residents of the school district. Smith, July 30, 2004, A.G. Op. 04-0327.

Transfer of students between school districts is a purely discretionary function of the school boards. Jones, July 22, 2005, A.G. Op. 05-0311.

A school district has discretion to adopt a policy to allow enrollment and attendance of children of a cafeteria worker, insurance clerk, payroll clerk, bus driver and crossing guard who reside outside the district but within the state. Bordis, Oct. 6, 2006, A.G. Op. 06-0489.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 192 (complaint, petition, or declaration to enjoin transfer of students from one school district to another); Form 194 (judgment or decree enjoining transfer of students from one school district to another).

CJS.

78A C.J.S., Schools and School Districts § 992.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

3. Relationship to other laws.

4. Appeals.

1. In general.

Federal District Court could not order consolidation of county school district and city school district based on allegations that student transfer statutes were being used to thwart desegregation of districts where disparity in black and white enrollment in districts was not shown to be caused by or significantly affected by interdistrict transfers. United States v. Mississippi, 719 F. Supp. 1364, 1989 U.S. Dist. LEXIS 10051 (S.D. Miss. 1989), aff'd, 921 F.2d 604, 1991 U.S. App. LEXIS 806 (5th Cir. Miss. 1991).

Students who live in one school district organized under Ch 12, Laws of 1953, Ex Sess [Code 1942, §§ 6328-01 et seq.], may not attend school in another school district with the consent and approval of the board of trustees of the district wherein such students reside. Hinze v. Winston County Board of Education, 233 Miss. 867, 103 So. 2d 353, 1958 Miss. LEXIS 450 (Miss. 1958).

2. Constitutionality.

This section [Code 1942, § 6248-07] does not violate the constitutional prohibition of special legislation. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

3. Relationship to other laws.

This section [Code 1942, § 6248-07] is to be read in connection with Code 1942, §§ 6334-01 et seq. and the laws are to be so interpreted as to give effect to the legislative intent expressed in Code 1942, § 6334-07. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

4. Appeals.

A pupil cannot transfer from the school district of one county to the school district of another county without the approval of the board of trustees of the school district of his residence or the approval of the county school board of his residence, and no appeal will lie to the state educational finance commission for a hearing de novo from the ruling of the county school board denying the application to transfer except in the two situations provided by this section [Code 1942 § 6248-07]; the appeal, otherwise, is to the Circuit Court as provided by Code § 6334-05. Tally v. Scott County, 282 So. 2d 217, 1973 Miss. LEXIS 1214 (Miss. 1973).

Where it was stipulated that the Morton Attendance Center in Scott County was more than 2 miles from the county line and pupils residing in Smith County had only attended the Scott County school for approximately 13 years, no appeal lay under the third paragraph of this section [Code 1942 § 6248-07] to the state educational finance commission from the ruling of the Smith County school board denying an application to transfer. Tally v. Scott County, 282 So. 2d 217, 1973 Miss. LEXIS 1214 (Miss. 1973).

Where Smith County pupils were unable to show that they had the necessary consent of the board of trustees of their school district to transfer to Scott County since that board was one and the same as the Smith County board of education, they were unable to meet the requirements of the sixth paragraph of this section [Code 1942 § 6248-07], which required the filing or lodging “with the president or secretary of such board notice of the approval of such transfer by the board of trustees,” and failing in such, the conditions precedent to an appeal to the state educational finance commission for a hearing de novo from the ruling of the school board denying application to transfer were not met. Tally v. Scott County, 282 So. 2d 217, 1973 Miss. LEXIS 1214 (Miss. 1973).

This section [Code 1942, § 6248-07] does not operate to repeal by implication the right of appeal to the courts conferred by Code 1942, § 6846-12. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

§ 37-15-33. Testing of transfer students; assignment of students.

All students seeking to transfer from any school, public, private or homeschool within or outside of the boundaries of the State of Mississippi, to a public school within the state may be required to take a test to determine the grade and class to which the pupil shall be assigned at the time of pupil transfer.

The administrative head of each public school shall administer the test or tests to such pupil or pupils as shall apply for transfer to such public school. Such test or tests shall be administered within thirty (30) days after the filing of each such application for transfer. Notice of the giving of such test shall be given the applicant not less than five (5) days prior to the date of the administration of such test.

No transfer of a pupil shall be effected until the test has been given and the pupil is assigned according to the grade and class for which the test shows he is best suited. No pupil shall be assigned to a grade and class more than three (3) grades above or below the grade or class that the pupil would have been assigned to had the pupil remained in the school from which the transfer is being made. Pending the administration of the test herein provided for and its grading and an assignment based thereon the superintendent of the school district or the attendance center principal to which the pupil seeks admission may assign the pupil temporarily to a grade and class comparable to that in which the pupil would have been had the pupil continued in the school from which the transfer was being made.

If any student is transferred or reassigned within the school district by order of the board of trustees of that school district as designated by law of the State of Mississippi and not at his own request, the requirement of that pupil’s taking the standardized test shall be waived. Likewise, if a pupil shall transfer from one school district to another school district in the manner provided and required by the laws of the State of Mississippi, the requirement of such pupil taking the standardized test shall be waived.

HISTORY: Codes, 1942, § 6225-11; Laws, 1964, 1st Ex Sess, ch. 26, §§ 1-5; Laws, 1988, ch. 466, § 2; Laws, 2011, ch. 422, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment substituted “public, private, or homeschool” for “public or private” in the first paragraph.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 992.

§ 37-15-35. Segregation or integration of schools by reason of race, color, or national origin.

No person shall be assigned to or by, or restricted from or to, any group, area, school, institution or other political subdivision of the State of Mississippi on the account of race, color, or national origin. There shall be no governmentally enforced segregation by race, color or national origin and there shall be no governmentally enforced integration by reason of race, color or national origin.

HISTORY: Codes, 1942, § 6334-31; Laws, 1970, ch. 374, § 1, eff from and after passage (approved April 3, 1970).

Cross References —

Assignment of child enrolling in public schools to particular school or attendance center generally, see §37-15-13.

Factors to be considered in making assignments, see §37-15-15.

Review or reconsideration by school board of assignment of child, see §37-15-17.

Judicial review of assignment of child, see §37-15-19.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 201 (petition or application in federal court – for writ of mandamus – to compel school authorities to submit plan of desegregation); Form 202 (complaint in federal court – class action as to public school discrimination – failure of system to take affirmative action to achieve racial integration – for order to implement plan to end racial discrimination); Forms 203-205 (segregation in schools).

Law Reviews.

Desegregation and Education. 58 Miss. L. J. 241, Fall 1988.

Lawyers’ Edition.

Racial discrimination in education. 24 L. Ed. 2d 765.

Supreme Court’s views as to propriety or purported remedies for unconstitutional racial segregation of public elementary or secondary schools. 118 L. Ed. 2d 629.

JUDICIAL DECISIONS

1. In general.

Federal Court of Appeals applied overly stringent standard in determining whether to dissolve prior injunctive decree imposing desegregation plan for city’s public schools; finding by District Court that school district was being operated in compliance with commands of Fourteenth Amendment’s equal protection clause and that it was unlikely that school board would return to its former ways, would be finding that purposes of desegregation litigation had been fully achieved and would thus justify dissolution of desegregation decree without additional requirement for school board to show “grievous wrong” evoked by new and unforeseen conditions. Board of Educ. v. Dowell, 498 U.S. 237, 111 S. Ct. 630, 112 L. Ed. 2d 715, 1991 U.S. LEXIS 484 (U.S. 1991).

§ 37-15-37. Repealed.

Repealed by Laws, 2011, ch. 511, § 4, effective from and after passage (Approved April 26, 2011.)

§37-15-37. [Laws, 2004, ch. 563, § 2, eff from and after July 1, 2004.]

Editor’s Notes —

Former §37-15-37 provided authority to local school districts and the Board of Trustees of State Institutions of Higher Learning to establish dual enrollment programs allowing certain high school students to enroll in state institutions of higher learning. For present similar provisions, see §37-15-38.

§ 37-15-38. Dual enrollment programs for dual high school and postsecondary credit; Mississippi Works Dual Enrollment-Dual Credit Option Program.

  1. The following phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
    1. A dual enrolled student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school.
    2. A dual credit student is a student who is enrolled in a community or junior college or state institution of higher learning while enrolled in high school and who is receiving high school and college credit for postsecondary coursework.
  2. A local school board, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall establish a dual enrollment system under which students in the school district who meet the prescribed criteria of this section may be enrolled in a postsecondary institution in Mississippi while they are still in school.
  3. Dual credit eligibility. Before credits earned by a qualified high school student from a community or junior college or state institution of higher learning may be transferred to the student’s home school district, the student must be properly enrolled in a dual enrollment program.
  4. Admission criteria for dual enrollment in community and junior college or university programs. The Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning may recommend to the State Board of Education admission criteria for dual enrollment programs under which high school students may enroll at a community or junior college or university while they are still attending high school and enrolled in high school courses. Students may be admitted to enroll in community or junior college courses under the dual enrollment programs if they meet that individual institution’s stated dual enrollment admission requirements.
  5. Tuition and cost responsibility. Tuition and costs for university-level courses and community and junior college courses offered under a dual enrollment program may be paid for by the postsecondary institution, the local school district, the parents or legal guardians of the student, or by grants, foundations or other private or public sources. Payment for tuition and any other costs must be made directly to the credit-granting institution.
  6. Transportation responsibility. Any transportation required by a student to participate in the dual enrollment program is the responsibility of the parent, custodian or legal guardian of the student. Transportation costs may be paid from any available public or private sources, including the local school district.
  7. School district average daily attendance credit. When dually enrolled, the student may be counted, for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school.
  8. High school student transcript transfer requirements. Grades and college credits earned by a student admitted to a dual credit program must be recorded on the high school student record and on the college transcript at the university or community or junior college where the student attends classes.The transcript of the university or community or junior college coursework may be released to another institution or applied toward college graduation requirements.
  9. Determining factor of prerequisites for dual enrollment courses. Each university and community or junior college participating in a dual enrollment program shall determine course prerequisites.Course prerequisites shall be the same for dual enrolled students as for regularly enrolled students at that university or community or junior college.
  10. Process for determining articulation of curriculum between high school, university, and community and junior college courses. All dual credit courses must meet the standards established at the postsecondary level. Postsecondary level developmental courses may not be considered as meeting the requirements of the dual credit program. Dual credit memorandum of understandings must be established between each postsecondary institution and the school district implementing a dual credit program.
  11. [Deleted]
  12. Eligible courses for dual credit programs. Courses eligible for dual credit include, but are not necessarily limited to, foreign languages, advanced math courses, advanced science courses, performing arts, advanced business and technology, and career and technical courses. Distance Learning Collaborative Program courses approved under Section 37-67-1 shall be fully eligible for dual credit. All courses being considered for dual credit must receive unconditional approval from the superintendent of the local school district and the chief instructional officer at the participating community or junior college or university in order for college credit to be awarded. A university or community or junior college shall make the final decision on what courses are eligible for semester hour credits.
  13. High school Carnegie unit equivalency. One (1) three-hour university or community or junior college course is equal to one (1) high school Carnegie unit.
  14. Course alignment. The universities, community and junior colleges and the State Department of Education shall periodically review their respective policies and assess the place of dual credit courses within the context of their traditional offerings.
  15. Maximum dual credits allowed. It is the intent of the dual enrollment program to make it possible for every eligible student who desires to earn a semester’s worth of college credit in high school to do so. A qualified dually enrolled high school student must be allowed to earn an unlimited number of college or university credits for dual credit.
  16. Dual credit program allowances. A student may be granted credit delivered through the following means:
    1. Examination preparation taught at a high school by a qualified teacher. A student may receive credit at the secondary level after completion of an approved course and passing the standard examination, such as an Advanced Placement or International Baccalaureate course through which a high school student is allowed CLEP credit by making a three (3) or higher on the end-of-course examination.
    2. College or university courses taught at a high school or designated postsecondary site by a qualified teacher who is an employee of the school district and approved as an instructor by the collaborating college or university.
    3. College or university courses taught at a college, university or high school by an instructor employed by the college or university and approved by the collaborating school district.
    4. Online courses of any public university, community or junior college in Mississippi.
  17. Qualifications of dual credit instructors. A dual credit academic instructor must meet the requirements set forth by the regional accrediting association (Southern Association of College and Schools). University and community and junior college personnel have the sole authority in the selection of dual credit instructors.

    A dual credit career and technical education instructor must meet the requirements set forth by the Mississippi Community College Board in the qualifications manual for postsecondary career and technical personnel.

  18. Guidance on local agreements.The Chief Academic Officer of the State Board of Trustees of State Institutions of Higher Learning and the Chief Instructional Officers of the Mississippi Community College Board and the State Department of Education, working collaboratively, shall develop a template to be used by the individual community and junior colleges and institutions of higher learning for consistent implementation of the dual enrollment program throughout the State of Mississippi.
  19. Mississippi Works Dual Enrollment-Dual Credit Option.A local school board and the local community colleges board shall establish a Mississippi Works Dual Enrollment-Dual Credit Option Program under which potential or recent student dropouts may dually enroll in their home school and a local community college in a dual credit program consisting of high school completion coursework and a community college credential, certificate or degree program. Students completing the dual enrollment-credit option may obtain their high school diploma while obtaining a community college credential, certificate or degree. The Mississippi Department of Employment Security shall assist students who have successfully completed the Mississippi Works Dual Enrollment-Dual Credit Option in securing a job upon the application of the student or the participating school or community college. The Mississippi Works Dual Enrollment-Dual Credit Option Program will be implemented statewide in the 2012-2013 school year and thereafter. The State Board of Education, local school board and the local community college board shall establish criteria for the Dual Enrollment-Dual Credit Program. Students enrolled in the program will not be eligible to participate in interscholastic sports or other extracurricular activities at the home school district. Tuition and costs for community college courses offered under the Dual Enrollment-Dual Credit Program shall not be charged to the student, parents or legal guardians. When dually enrolled, the student shall be counted for adequate education program funding purposes, in the average daily attendance of the public school district in which the student attends high school, as provided in Section 37-151-7(1)(a). Any transportation required by the student to participate in the Dual Enrollment-Dual Credit Program is the responsibility of the parent or legal guardian of the student, and transportation costs may be paid from any available public or private sources, including the local school district. Grades and college credits earned by a student admitted to this Dual Enrollment-Dual Credit Program shall be recorded on the high school student record and on the college transcript at the community college and high school where the student attends classes. The transcript of the community college coursework may be released to another institution or applied toward college graduation requirements. Any course that is required for subject area testing as a requirement for graduation from a public school in Mississippi is eligible for dual credit, and courses eligible for dual credit shall also include career, technical and degree program courses. All courses eligible for dual credit shall be approved by the superintendent of the local school district and the chief instructional officer at the participating community college in order for college credit to be awarded. A community college shall make the final decision on what courses are eligible for semester hour credits and the local school superintendent, subject to approval by the Mississippi Department of Education, shall make the final decision on the transfer of college courses credited to the student’s high school transcript.

HISTORY: Laws, 2006, ch. 346, § 2; Laws, 2006, ch. 504, § 11; Laws, 2010, ch. 381, § 2; Laws, 2011, ch. 516, § 1; Laws, 2012, ch. 521, § 1; Laws, 2014, ch. 397, § 17; Laws, 2014, ch. 442, § 6; Laws, 2016, ch. 353, § 2, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Section 17 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), amended this section. Section 6 of ch. 442, Laws of 2014, effective from and after passage (approved March 26, 2014), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 24, 2014, meeting of the Committee.

Editor’s Notes —

Laws of 2006, ch. 346, § 2, effective from and after July 1, 2006 (approved March 13, 2006), contained similar language to this section and also was directed to be codified as new section 37-15-38. The version contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here because it is the latest expression of legislative intent, as determined by the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Laws of 2006, ch. 504 § 1(1), codified at §37-161-1(1), provides as follows:

“SECTION 1. This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

This section was reenacted without change by Laws of 2009, ch. 345, § 20, effective from and after June 30, 2009.

Amendment Notes —

The 2009 amendment reenacted this section without change.

The 2010 amendment substituted “shall establish a dual enrollment system” for “may establish a dual enrollment system” in (1); inserted “to the State Board of Education” in (3); rewrote (5), (7) and (17); in (11), substituted “All courses being considered” for “These courses and any additional courses considered,” and added “in order for college credit to be awarded” at the end; inserted “periodically” in (13); inserted “eligible” in the first sentence of (14); inserted “and the State Department of Education” in (17); and made minor stylistic changes.

The 2011 amendment added (1) and redesignated the remaining subsections accordingly; substituted “Dual credit” for “Student” at the beginning of (3); inserted “dual enrollment” preceding “admission requirements” at the end of (4); rewrote (9); substituted “dual credit program” for “dual enrollment program” in (10); rewrote (15) and (17); in (16), substituted “College or university” for “school-based” in (b) and substituted “university” for “university-based” in (c); and made minor stylistic changes throughout.

The 2012 amendment inserted “and Junior” in (2); substituted “All dual credit courses must meet” for “Postsecondary curricula for eligible courses currently offered through Mississippi Curriculum Frameworks must meet” in the second sentence of (10); deleted the former last sentence in (12), which read: “The local school superintendent shall make the final decision on the transfer of college or university courses credited to the student’s high school transcript”; in (13), substituted “one (1)” for “one-half (1/2)” and deleted the last sentence, which read: “A full Carnegie unit may be awarded for a three-hour university or college course upon approval of the local superintendent. Partial credit agreements for postsecondary courses that are less than three (3) hours may be developed between a local school district and the participating postsecondary institution”; in (14), deleted “Once alignment is achieved between university courses, community and junior college courses and the State Board of Education approved high school courses” from the beginning, and substituted “the State Department of Education” for “high schools”; rewrote (16)(d), which read: “Online courses, including eligible courses offered by the Mississippi Virtual Public School or any postsecondary institution”; and added (19).

The first 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2), (17), and (18).

The second 2014 amendment (ch. 442), in (2), (17) and (18), substituted “Mississippi Community College Board” for “State Board for Community Colleges”; in (11), substituted “[Deleted]” for “Ineligible courses for dual credit programs. Any course that is required for subject area testing as a requirement for graduation from a public school in Mississippi is not eligible for dual credit.”; and in the second undesignated paragraph of (17) and in (18), substituted “Mississippi Community College Board” for ”State Board for Community and Junior Colleges.”

The 2016 amendment substituted “Mississippi Community College Board” for “boards of trustees of the community and junior college districts” in (4); deleted “and high school” following “university or community or junior college” in the first sentence of (8); and added the second sentence of (12).

Cross References —

Career track programs for students not wishing to pursue baccalaureate degree, see §37-16-17.

Board of Trustees of State Institutions at Higher Learning generally, see §37-101-1 et seq.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

Mississippi virtual public schools, see §37-161-3.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-15-39. Legislative purpose; definitions; school districts to offer pre-advanced placement courses; funding to be provided for sophomores to take nationally recognized aptitude test for advanced placement classes; minimum number of advanced placement courses to be offered.

  1. The purpose of this section is to ensure that each student has a sufficient education for success after high school and that all students have equal access to a substantive and rigorous curriculum that is designed to challenge their minds and enhance their knowledge skill.
  2. The following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
    1. “Advanced placement course” means any high school level preparatory course for a college advanced placement test that incorporates all topics specified by recognized advanced placement authorities on standards for a given subject area and is approved by recognized advanced placement authorities.
    2. “Pre-advanced placement course” means a middle, junior high or high school level course that specifically prepares students to enroll and participate in an advanced placement course.
    3. “Vertical team” means a group of educators from different grade levels in a given discipline working cooperatively to develop and implement a vertically aligned program aimed at helping students from diverse backgrounds acquire the academic skills necessary for success in the advanced placement program and other challenging course work.
    4. “High concentration of low-income students” means, when used with respect to a public school or school district, a public school or school district that serves a student population with fifty percent (50%) or more being low-income individuals ages five (5) through seventeen (17) years from a low-income family on the basis of: data on children eligible for the free or reduced price lunches under the National School Lunch Act; data on children in families receiving assistance under Part A of Title IV of the Social Security Act; data on children eligible to receive medical assistance under the Medicaid program under Title XIX of the Social Security Act; or an alternate method of identifying such children which combines or extrapolates that data.
  3. The State Board of Education shall establish clear, specific and challenging training guidelines that require teachers of advanced placement courses and teachers of pre-advanced placement courses to obtain a recognized advanced placement authority endorsed training. A teacher of an advanced placement or pre-advanced placement course, or both, must obtain the appropriate training.
    1. In order to ensure that each student has a sufficient education for success after high school and that all students have equal access to a substantive and rigorous curriculum that is designed to challenge their minds and enhance their knowledge skill, school districts shall offer pre-advanced placement courses to prepare students for advanced placement course work.
    2. Subject to appropriation, funding shall be made available for the 2007-2008 school year so that all sophomores in Mississippi’s public schools may take an examination that measures the students’ ability to succeed in an advanced placement course. The State Department of Education shall seek federal funding through the Advanced Placement Incentive Grant Program and other available funding for this purpose. Funding efforts must be focused with an intent to carry out advanced placement and pre-advanced placement activities in school districts targeted as serving a high concentration of low-income students.
    3. The State Department of Education shall develop rules necessary for the implementation of advanced placement courses.
  5. Beginning with the 2007-2008 school year, all school districts must offer at least one (1) advanced placement course in each of the four (4) core areas of math, English, science and social studies, for a total offering of no less than four (4) advanced placement courses. The use of the state’s online Advanced Placement Instructional Program is an appropriate alternative for the delivery of advanced placement courses.

    Any public high school offering the International Baccalaureate Diploma Program is exempt from the requirements of this subsection. However, the school may participate in teacher training and program funding on the same basis as any high school offering advanced placement courses.

HISTORY: Laws, 2006, ch. 346, § 3; Laws, 2006, ch. 504, § 12; reenacted without change, Laws, 2009, ch. 345, § 21; Laws, 2011, ch. 516, § 2; Laws, 2012, ch. 437, § 1, eff from and after July 1, 2012.

Editor’s Notes —

Laws of 2006, ch. 346, § 3, effective from and after July 1, 2006 (approved March 13, 2006), contained similar language to this section and also was directed to be codified as a new Section 37-15-39. The version contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here because it is the latest expression of legislative intent, as determined by the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Laws of 2006, ch. 504 § 1(1), codified at §37-161-1(1), provides as follows:

“SECTION 1. This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted this section without change.

The 2011 amendment deleted former (2)(b) which read “ ‘Dual enrollment course’ means a postsecondary level course offered by a state institution of higher learning or community or junior colleges, which, upon successful completion, qualifies for academic credit in both the postsecondary institution and public high school.”

The 2012 amendment deleted the second sentence in (4)(c), which read; “The department shall develop rules necessary for the implementation of advanced placement courses.”

Cross References —

Dual enrollment in postsecondary state institution, see §37-15-38.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

Medicaid generally, see 42 USCS §§ 1396 et seq.

Chapter 16. Statewide Testing Program

§ 37-16-1. Purpose.

The primary purpose of the statewide testing program is to provide information needed for state-level decisions. The program shall be designed to:

Assist in the identification of educational needs at the state, district and school levels.

Assess how well districts and schools are meeting state goals and minimum performance standards.

Provide information to aid in the development of policy issues and concerns.

Provide a basis for comparisons among districts, between charter schools throughout the state and nonpublic charter schools in those school districts in which charter schools are located, and between districts, the state and the nation, where appropriate.

Produce data which can be used to aid in the identification of exceptional educational programs or processes.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 30(1); Laws, 2013, ch. 497, § 65, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted “between charter schools throughout the state and nonpublic charter schools in those school districts in which charter schools are located” in (d).

Cross References —

Accreditation of schools, see §§37-17-1 et seq.

Superior-Performing, Exemplary and Priority Schools Programs, see §§37-18-1 et seq.

Applicability of the provisions of this section to charter schools, see §37-28-45.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-16-3. General powers and duties of department of education.

  1. The State Department of Education is directed to implement a program of statewide assessment testing which shall provide for the improvement of the operation and management of the public schools. The statewide program shall be timed, as far as possible, so as not to conflict with ongoing district assessment programs. As part of the program, the department shall:
    1. Establish, with the approval of the State Board of Education, minimum performance standards related to the goals for education contained in the state’s plan including, but not limited to, basic skills in reading, writing and mathematics. The minimum performance standards shall be approved by April 1 in each year they are established.
    2. Conduct a uniform statewide testing program in grades deemed appropriate in the public schools, including charter schools. The program may test skill areas, basic skills and high school course content.
    3. Monitor the results of the assessment program and, at any time the composite student performance of a school or basic program is found to be below the established minimum standards, notify the district superintendent or the governing board of the charter school, as the case may be, the school principal and the school advisory committee or other existing parent group of the situation within thirty (30) days of its determination. The department shall further provide technical assistance to a school district in the identification of the causes of this deficiency and shall recommend courses of action for its correction.
    4. Provide technical assistance to the school districts, when requested, in the development of student performance standards in addition to the established minimum statewide standards.
    5. Issue security procedure regulations providing for the security and integrity of the tests that are administered under the basic skills assessment program.
    6. In case of an allegation of a testing irregularity that prompts a need for an investigation by the Department of Education, the department may, in its discretion, take complete control of the statewide test administration in a school district or any part thereof, including, but not limited to, obtaining control of the test booklets and answer documents. In the case of any verified testing irregularity that jeopardized the security and integrity of the test(s), validity or the accuracy of the test results, the cost of the investigation and any other actual and necessary costs related to the investigation paid by the Department of Education shall be reimbursed by the local school district from funds other than federal funds, Mississippi Adequate Education Program funds, or any other state funds within six (6) months from the date of notice by the department to the school district to make reimbursement to the department.
  2. Uniform basic skills tests shall be completed by each student in the appropriate grade. These tests shall be administered in such a manner as to preserve the integrity and validity of the assessment. In the event of excused or unexcused student absences, make-up tests shall be given. The school superintendent of every school district in the state and the principal of each charter school shall annually certify to the State Department of Education that each student enrolled in the appropriate grade has completed the required basic skills assessment test for his or her grade in a valid test administration.
  3. Within five (5) days of completing the administration of a statewide test, the principal of the school where the test was administered shall certify under oath to the State Department of Education that the statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education. The principal’s sworn certification shall be set forth on a form developed and approved by the Department of Education. If, following the administration of a statewide test, the principal has reason to believe that the test was not administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education, the principal shall submit a sworn certification to the Department of Education setting forth all information known or believed by the principal about all potential violations of the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education. The submission of false information or false certification to the Department of Education by any licensed educator may result in licensure disciplinary action pursuant to Section 37-3-2 and criminal prosecution pursuant to Section 37-16-4.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 30(2); Laws, 1987, ch. 446, § 1; Laws, 1988, ch. 372, § 1; Laws, 2010, ch. 482, § 1; Laws, 2013, ch. 497, § 66; Laws, 2015, ch. 470, § 3, eff from and after passage (approved Apr. 22, 2015).

Amendment Notes —

The 2010 amendment, in (2), added the second sentence, and in the last sentence, added “in a valid test administration” at the end.

The 2013 amendment inserted “in the public schools, including charter schools” in (1)(b); inserted “or the governing board of the charter school, as the case may be” in the first sentence and substituted “a school district” for “the district” in the second sentence of (1)(c); inserted “and the principal of each charter school” in the last sentence of (2).

The 2015 amendment added (1)(f) and (3).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Violations of test security procedures, enforcement and penalties, see §37-16-4.

Right of a district school board to substitute district assessment data for assessment data needed at the state level, see §37-16-5.

Establishment of standards for graduation by each district school board, see §37-16-7.

Applicability of the provisions of this section to charter schools, see §37-28-45.

§ 37-16-4. Violations of test security procedures; enforcement and penalties.

  1. It is unlawful for anyone knowingly and willfully to do any of the following acts regarding mandatory uniform tests administered to students as required by the State Department of Education:
    1. Give examinees access to test questions prior to testing;
    2. Copy or reproduce all or any portion of any secure test booklet;
    3. Coach examinees during testing or alter or interfere with examinees’ responses in any way;
    4. Make answer keys available to examinees;
    5. Fail to account for all secure test materials before, during and after testing;
    6. Participate in, direct, aid, counsel, assist in, encourage or fail to report any of the acts prohibited in this section.
  2. Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.
  3. Any person submitting a false certification to the State Department of Education that each statewide test in a school was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System as adopted by the State Board of Education, and with willful intent, is guilty of a felony and upon conviction thereof shall be fined not more than Fifteen Thousand Dollars ($15,000.00), or be imprisoned for not more than three (3) years, or both. Upon conviction, the State Board of Education may suspend or revoke the administrative or teaching credentials, or both, of the person convicted.
  4. The district attorney shall investigate allegations of violations of this section, either on its own initiative following a receipt of allegations, or at the request of a school district or the State Department of Education.
  5. The district attorney shall furnish to the State Superintendent of Education a report of the findings of any investigation conducted pursuant to this section.
  6. The State Board of Education shall establish statistical guidelines to examine the results of state mandated tests to determine where there is evidence of testing irregularities resulting in false or misleading results in the aggregate or composite test scores of the class, grade, age group or school district. When said irregularities are identified, the State Superintendent of Education may order that any group of students identified as being required to retake the test at state expense under state supervision. The school district shall be given at least thirty (30) days’ notice before the next test administration and shall comply with the order of the State Superintendent of Education. The results from the second administration of the test shall be final for all uses of that data.
  7. Nothing in this section may be construed to prohibit or interfere with the responsibilities of the State Board of Education or the State Department of Education in test development or selection, test form construction, standard setting, test scoring, and reporting, or any other related activities which in the judgment of the State Superintendent of Education are necessary and appropriate.

HISTORY: Laws, 1988, ch. 372, § 2; Laws, 1990, ch. 535, § 2; Laws, 2005, ch. 405, § 2; Laws, 2015, ch. 470, § 4, eff from and after passage (approved Apr. 22, 2015).

Amendment Notes —

The 2005 amendment deleted “and the General Educational Development Test (GED)” at the end of the introductory language of (1).

The 2015 amendment added (3) and redesignated the remaining subsections accordingly.

Cross References —

Revocation or suspension of teacher or administrator certificate for knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results, see §37-3-2.

Applicability of the provisions of this section to charter schools, see §37-28-45.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor or felony violation, see §99-19-73.

§ 37-16-5. Assessment of student performance and achievement by district school boards.

The school board of every district in this state shall periodically assess student performance and achievement in each school. Such assessment programs shall be based upon local goals and objectives which are compatible with the state’s plan for education and which supplement the minimum performance standards approved by the state board of education. Data from district assessment programs shall be provided to the state department of education when such data is required in order to evaluate specific instructional programs or processes or when the data is needed for other research or evaluation projects. Each district may provide acceptable, compatible district assessment data to substitute for any assessment data needed at the state level when the state department of education certifies that such data is acceptable for the purposes of Section 37-16-3.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 30(3), eff from and after July 1, 1983.

Cross References —

Program of statewide assessment testing, see §37-16-3.

§ 37-16-7. Establishment of graduation standards established by district school boards; standard diploma.

  1. Each district school board shall establish standards for graduation from its schools which shall include as a minimum:
    1. Mastery of minimum academic skills as measured by assessments developed and administered by the State Board of Education.
    2. Completion of a minimum number of academic credits, and all other applicable requirements prescribed by the district school board.
    3. By school, information on high school graduation rates. High schools with graduation rates lower than eighty percent (80%) must submit a detailed plan to the Mississippi Department of Education to restructure the high school experience to improve graduation rates.
  2. A student who meets all requirements prescribed in subsection (1) of this section shall be awarded a standard diploma in a form prescribed by the State Board of Education.
  3. The State Board of Education may establish student proficiency standards for promotion to grade levels leading to graduation.

HISTORY: Laws, 1982, Ex Sess, Ch. 17, § 30(4, 6); Laws, 1987, ch. 446, § 2; Laws, 1999, ch. 421, § 2; Laws, 2013, ch. 494, § 2, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1990, Chapter 589, § 26, amended this section effective July 1, 1990, provided that the Legislature, by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declare that sufficient funds were dedicated and made available for the implementation of Chapter 589. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions were not implemented. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Laws of 1999, ch. 421, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Student Achievement Improvement Act of 1999.’ ”

On June 1, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1999, ch. 421, § 2.

Laws of 2013, ch. 494, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Education Works Program.’ ”

Chapter 494, Laws of 2013, amended Sections 37-3-53, 37-16-7, 37-18-1 and 37-19-7 and enacted Sections 37-19-9 and 37-106-37.

Amendment Notes —

The 1999 amendment, in (1)(a), deleted “the” preceding “minimum,” deleted “in a manner prescribed after a public hearing, ” substituted “academic skills as” for “performance standards in reading, writing and mathematics skills, utilized in everyday life situations” and “by assessments” for “in a functional literacy examination”; and added (3).

The 2013 amendment added (1)(c); and added “of Education” at the end of (2).

Cross References —

Exception from graduation standards for handicapped students, see §37-16-11.

OPINIONS OF THE ATTORNEY GENERAL

There are no exemptions from the functional literacy examination (FLE) under statute or regulation for a student who is seeking to obtain a standard diploma; however, exemption is available for the student who is to receive a certificate of completion in place of a standard diploma. Kirby, Nov. 14, 1997, A.G. Op. #97-0722.

§ 37-16-9. Modification of testing instruments and procedures for students with identified handicaps or disabilities.

  1. The state board shall, after a public hearing and consideration, make provision for appropriate accommodations for testing instruments and procedures for students with identified handicaps or disabilities in order to ensure that the results of the testing represent the student’s achievement, rather than reflecting the student’s impaired sensory, manual, speaking or psychological process skills, except when such skills are the factors the test purports to measure.
  2. The public hearing and consideration required hereunder shall not be construed to amend or nullify the requirements of security relating to the contents of examinations or assessment instruments and related materials or data.
  3. Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State Department of Education and the local educational agency shall:
    1. Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
    2. Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.
  4. The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
    1. The number of children with disabilities participating in regular assessments;
    2. The number of children participating in alternate assessments;
    3. The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and
    4. Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 30(5, 7); Laws, 1999, ch. 582, § 11; Laws, 2010, ch. 382, § 1, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 1999, ch. 582, § 17, provides:

“SECTION 17. It is the intent of the Legislature that none of the provisions of this act shall create mandates that impose financial or legal requirements upon local school districts which are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any subsequent amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of this act. Any provisions of this act which are inconsistent, create additional unfunded state mandates, or which are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.”

Amendment Notes —

The 1999 amendment rewrote the section.

The 2010 amendment substituted “appropriate accommodations for testing instruments” for “appropriate modification of testing instruments” in (1).

Cross References —

Special diploma or certificate of completion for handicapped students, see §37-16-11.

Standards and procedures for the education of exceptional children generally, see §§37-23-133 et seq.

Applicability of the provisions of this section to charter schools, see §37-28-45.

RESEARCH REFERENCES

Practice References.

IDEA Reauthorized, 2006 Edition (Michie).

§ 37-16-11. Special diploma or certificate of completion for students with disabilities; occupational diploma for students with disabilities.

  1. A student who has been properly classified, in accordance with rules established by the State Board of Education shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a special diploma in a form prescribed by the state board; however, such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board. Any such student who meets all special requirements of the district school board for his exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the state board. Nothing provided in this section, however, shall be construed to limit or restrict the right of an exceptional student solely to a special diploma. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of Section 37-16-7 through the standard procedures established therein and thereby qualify for a standard diploma upon graduation.
  2. The State Board of Education shall develop and issue criteria for a Mississippi Occupational Diploma for students having a disability as defined by the federal Individuals with Disabilities Education Act. Beginning with the 2002-2003 school year, any such student, upon proper request, shall be afforded the opportunity to fully meet such requirements and qualify for an occupational diploma upon graduation.
  3. The special Mississippi Occupational Diploma for students with disabilities shall not be available to any student entering the Ninth Grade in the 2017-2018 school year or thereafter, pending State Board of Education approval of new graduation options.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 30(8); Laws, 2001, ch. 605, § 1; Laws, 2010, ch. 476, § 10; Laws, 2017, ch. 438, § 1, eff from and after July 1, 2017.

Amendment Notes —

The 2001 amendment added (2).

The 2010 amendment, in the first sentence in (1), substituted “educable person with an intellectual disability” for “educable mentally retarded” and “trainable person with an intellectual disability” for “trainable mentally retarded”; and made a minor stylistic change.

The 2017 amendment rewrote the first sentence of (1), which read: “A student who has been properly classified, in accordance with rules established by the state board as ‘educable person with an intellectual disability,’ ‘trainable person with an intellectual disability,’ ‘deaf,’ ‘specific learning disabled,’ ‘physically handicapped whose ability to communicate orally or in writing is seriously impaired’ or ‘emotionally handicapped’ shall not be required to meet all requirements of Section 37-16-7, and shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a special diploma in a form prescribed by the state board; however, such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board”; and added (3).

Cross References —

Modification of testing instruments and procedures for students with identified handicaps of disabilities, see §37-16-9.

Standards and procedures for the education of exceptional children generally, see §§37-23-133 et seq.

OPINIONS OF THE ATTORNEY GENERAL

There are no exemptions from the functional literacy examination (FLE) under statute or regulation for a student who is seeking to obtain a standard diploma; however, exemption is available for the student who is to receive a certificate of completion in place of a standard diploma. Kirby, Nov. 14, 1997, A.G. Op. #97-0722.

RESEARCH REFERENCES

Practice References.

IDEA Reauthorized, 2006 Edition (Michie).

§ 37-16-13. Honorary high school diploma for World War II, Korean Conflict and Vietnam Conflict veterans.

  1. The school board of a local school district may award an honorary high school diploma in a form prescribed and supplied to school districts by the State Board of Education to veterans of World War II, the Korean Conflict and the Vietnam Conflict who were unable to complete their education due to their military service. The honorary diploma is available to any honorably discharged veteran residing in Mississippi who was (a) scheduled to graduate between 1941 and 1955 but was inducted into military service before completing the necessary graduation requirements, or (b) was scheduled to graduate between 1963 and 1973 but volunteered for military service and received the Vietnam Service Ribbon. Family members of deceased eligible veterans may apply for the diploma to be awarded posthumously.
  2. The State Board of Education and State Veterans Affairs Board jointly shall develop a uniform application for persons seeking a diploma under subsection (1) of this section. The application shall request no less than the following information:
    1. The veteran’s name, social security number and date of birth;
    2. The last year the veteran was in school and the veteran’s grade level during that year;
    3. The year the veteran left school to enter World War II, the Korean Conflict or the Vietnam Conflict;
    4. The year the veteran would have graduated from high school;
    5. The name and location of the school attended;
    6. The date of the veteran’s enlistment or draft;
    7. The veteran’s service number;
    8. The veteran’s date of honorable discharge;
    9. A copy of the veteran’s DD-214 form, if available; and
    10. Any other information deemed relevant by the State Board of Education or State Veterans Affairs Board.

      The State Board of Education shall provide local school districts, county departments of human services and local veterans services offices with copies of the uniform application.

  3. A person may request an application from any local school district, county department of human services or local veterans services office. Completed applications for a diploma may be submitted to the veteran’s local school district, regardless of whether or not the veteran attended school in that district. Upon verifying the information contained in the application, including verifying the veteran’s military service information with the State Veterans Affairs Board, and determining the veteran’s eligibility for the honorary high school diploma, the local school board may award the diploma to the veteran. The diploma shall indicate clearly that the recipient is a veteran of World War II, the Korean Conflict or the Vietnam Conflict and that the diploma was issued at a later date due to the veteran’s participation in the war. The State Department of Education and the State Veterans Affairs Board may work together to provide communities with information about hosting a diploma ceremony on or around Veteran’s Day. The diploma shall be provided to the veteran or, if the veteran is deceased, to the veteran’s family.

HISTORY: Laws, 2001, ch. 565, § 1; Laws, 2004, ch. 465, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment in (1), inserted “and the Vietnam Conflict ” and “or (b) was scheduled to graduate between 1963 and 1973 but volunteered for military service and received the Vietnam Service Ribbon”; added “or the Vietnam Conflict” in (2)(c); inserted “or the Vietnam Conflict” in (3); and made a minor punctuation change.

§ 37-16-15. High school diploma granted to persons who withdrew from school before graduation; completion of requisite graduation course work requirements and passing score on assessment reasonably comparable to assessments in existence at the time student would have graduated required.

  1. Any person who has withdrawn from high school before graduation may be granted a diploma from the Mississippi public high school that the person last attended if the person has:
    1. Completed all requisite graduation course work requirements and has achieved a passing score on an assessment reasonably comparable to the respective assessments that would qualify the person for high school graduation as such assessments existed at the time that the student would have graduated; and
    2. Made a request to the public high school district that the person last attended in Mississippi that includes relevant transcripts of course work completed.
  2. The State Department of Education is authorized to determine and/or develop any reasonably comparable assessment to be administered to persons seeking to obtain a diploma from the last Mississippi public high school of attendance under the authority granted under subsection (1) of this section.

HISTORY: Laws, 2006, ch. 351, § 1; Laws, 2016, ch. 450, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment rewrote (a), which read: “Achieved the equivalent requirements for high school graduation that existed at the time that the student would have graduated; and”; and added (2).

Cross References —

Adult education generally, see §§37-35-1 et seq.

§ 37-16-17. Career track programs for students not pursuing baccalaureate degree; curriculum; dual-enrollment and dual-credit options.

  1. Purpose.
    1. The purpose of this section is to create a quality option in Mississippi’s high schools for students not wishing to pursue a baccalaureate degree, which shall consist of challenging academic courses and modern career-technical studies. The goal for students pursuing the career track is to graduate from high school with a standard diploma and credit toward a community college certification in a career-technical field. These students also shall be encouraged to take the national assessment in the career-technical field in which they become certified.
    2. The State Board of Education shall develop and adopt course and curriculum requirements for career track programs offered by local public school boards in accordance with this section. The Mississippi Community College Board and the State Board of Education jointly shall determine course and curriculum requirements for the career track program.
  2. Alternative career track; description; curriculum.
    1. A career trackshall provide a student with greater technical skill and a strongacademic core and shall be offered to each high school student enrolledin a public school district. The career track program shall be linkedto postsecondary options and shall prepare students to pursue eithera degree or certification from a postsecondary institution, an industry-basedtraining or certification, an apprenticeship, the military, or immediateentrance into a career field. The career track shall be designed primarilyfor those students who are not college bound and shall provide themwith alternatives to entrance into a four-year university or collegeafter high school graduation.
    2. Students pursuinga career track shall be afforded the opportunity to dually enrollin a community or technical college or to participate in a businessinternship or work-study program, when such opportunities are availableand appropriate.
    3. Each public schooldistrict shall offer a career track program approved by the StateBoard of Education.
    4. Students in acareer track program shall complete an academic core of courses anda career and technical sequence of courses.
    5. The twenty-one(21) course unit requirements for the career track shall consist ofthe following:
      1. At least four(4) English credits, including English I and English II.
      2. At least three(3) mathematics credits, including Algebra I.
      3. At least three(3) science credits, including one (1) unit of biology.
      4. At least three(3) social studies credits, including one (1) unit of U.S. Historyand one (1) unit of Mississippi Studies/U.S. Government.
      5. At least one-half(1/2) credit in health or physical education.
      6. At least four(4) credits in career and technical education courses in the dualenrollment-dual credit programs authorized under Section 37-15-38.
      7. At least one(1) credit in integrated technology with optional end of course testing.
      8. At least twoand one-half (2-1/2) credits in additional electives or careerand technical education courses required by the local school board,as approved by the State Board of Education. Academic courses withinthe career track of the standard diploma shall provide the knowledgeand skill necessary for proficiency on the state subject area tests.
  3. Nothing in this section shall disallow the development of a dual enrollment program with a technical college so long as an individual school district, with approval from the State Department of Education, agrees to implement such a program in connection with a technical college and the agreement is also approved by the proprietary school’s commission.
  4. The career track program for students not pursuing a Baccalaureate Degree shall not be available to any student entering the Ninth Grade in the 2017-2018 school year or thereafter.

HISTORY: Laws, 2010, ch. 381, § 1; Laws, 2011, ch. 517, § 1; Laws, 2014, ch. 397, § 18; Laws, 2017, ch. 438, § 2, eff from and after July 1, 2017.

Amendment Notes —

The 2011 amendment substituted “twenty-one (21)” for “twenty (20)” in (2)(e); substituted “U.S.” for “American” twice in (2)(e)(iv); and substituted “two and one-half (2-1/2)” for “one and one-half (1-1/2)” in (2)(e)(viii).

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (1)(b).

The 2017 amendment added (4).

Chapter 17. Accreditation of Schools

§ 37-17-1. Authority of state board of education with respect to accreditation of noncharter and charter public schools.

  1. The power and authority to prescribe standards for the accreditation of noncharter public schools, to insure compliance with such standards and to establish procedures for the accreditation of noncharter public schools is hereby vested in the State Board of Education. The board shall, by orders placed upon its minutes, adopt all necessary rules and regulations to effectuate the purposes of this chapter and shall provide, through the State Department of Education, for the necessary personnel for the enforcement of standards so established.
  2. A charter school authorized by the Mississippi Charter School Authorizer Board must be granted accreditation by the State Board of Education based solely on the approval of the school by the authorizer. If the authorizer, at any time, revokes a school’s charter, the State Board of Education shall withdraw the accreditation of the charter school immediately.

HISTORY: Codes, 1942, § 6244-21; Laws, 1970, ch. 366, § 1; Laws, 2013, ch. 497, § 67, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted the (1) designation and inserted “noncharter” twice preceding “public schools” in (1); and added (2).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Statewide testing program, see §§37-16-1 et seq.

Superior-Performing, Exemplary and Priority Schools Programs, see §§37-18-1 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-17-3. Creation of Commission on School Accreditation; composition; qualifications, appointment, terms of office and compensation of members; expenses of commission.

The Commission on School Accreditation created under this section is hereby continued and reconstituted as follows:

The State Board of Education shall appoint a “Commission on School Accreditation” to be composed of fifteen (15) qualified members. The membership of said commission shall be composed of the following: two (2) classroom teachers, two (2) principals of schools, one (1) superintendent of a separate school district, one (1) superintendent of a county or other school district, one (1) local school board member from a separate school district; one (1) local school board member from a county or other school district; and seven (7) members who are not actively engaged in the education profession. Members of the commission serving on July 1, 1994, shall continue to serve until their term of office expires. No new appointments shall be made until such time as the expiration of a member’s term has reduced the commission to less than fifteen (15) members, at which time new appointments shall be made from the categories specified hereinabove. The membership of said commission shall be appointed by the board upon recommendation of the State Superintendent of Public Education. In making the first appointments, five (5) members shall be appointed for a term of one (1) year, five (5) members shall be appointed for a term of two (2) years, five (5) members shall be appointed for a term of three (3) years, and five (5) members shall be appointed for a term of four (4) years. Thereafter, all members shall be appointed for a term of four (4) years. Said commission shall meet upon call of the State Superintendent of Public Education. There shall be three (3) members of said commission from each congressional district. Each member of said commission shall receive the per diem authorized by Section 25-3-69, Mississippi Code of 1972, plus actual and necessary expenses and mileage as authorized by Section 25-3-41, Mississippi Code of 1972, for each day actually spent in attending the meetings of the commission. The expenses of said commission shall be paid out of any funds available for the operation of the State Department of Education.

HISTORY: Codes, 1942, § 6244-22; Laws, 1970, ch. 366, § 2; Laws, 1986, ch. 432, § 3; Laws, 1989, ch. 418, § 1; Laws, 1992, ch. 524, § 10; Laws, 1994, ch. 376, § 1; Laws, 1994, ch. 581, § 6, eff from and after July 1, 1994.

Cross References —

State superintendent of public education generally, see §§37-3-9,37-3-11.

Implementation and development of plans for comprehensive school health education program, see §37-13-135.

General duties of commission, see §37-17-5.

Requirement that State Board of Education furnish textbooks only for courses within curriculum recommended by State Accreditation Commission, see §37-43-31.

OPINIONS OF THE ATTORNEY GENERAL

Appointments to this board should be reviewed under the last five-district plan which was in effect. Canon, Jan. 16, 2003, A.G. Op. #03-0016.

§ 37-17-5. General duties of commission; appeals; executive secretary.

It shall be the purpose of the Commission on School Accreditation to continually review the standards on accreditation and the enforcement thereof and to make recommendations thereon to the State Board of Education. All controversies involving the accreditation of schools shall be initially heard by a duly authorized representative of the commission before whom a complete record shall be made. After the conclusion of the hearing, the duly authorized representative of the commission shall make a recommendation to the commission as to the resolution of the controversies, and the commission, after considering the transcribed record and the recommendation of its representative, shall make its decision which becomes final unless the local school board of the school district involved shall appeal to the State Board of Education, which appeal shall be on the record previously made before the commission’s representative except as may be provided by rules and regulations adopted by the State Board of Education. Such rules and regulations may provide for the submission of new factual evidence. All appeals from the State Board of Education shall be on the record and shall be filed in the Circuit Court of the First Judicial District of Hinds County, Mississippi. The commission shall select a competent and qualified court reporter to record and transcribe all hearings held before its duly authorized representative whose fees and costs of transcription shall be paid by the school district involved within forty-five (45) days after having been notified of such costs and fees by the commission. An appropriate member of the staff of the State Department of Education shall be designated by the State Superintendent of Public Education to serve as executive secretary of the commission.

HISTORY: Codes, 1942, § 6244-22; Laws, 1970, ch. 366, § 2; Laws, 1986, ch. 432, § 4, eff from and after July 1, 1986.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State superintendent of public education, see §§37-3-9,37-3-11.

Commission on school accreditiation to encourage development and implementation of plans comprehensive school health education, see §37-13-135.

Requirement that early childhood programs comply with minimum performance standards established by the commission on school accreditation, see §37-21-7.

§ 37-17-6. Establishment and implementation of permanent performance-based accreditation system; particular accreditation requirements; accreditation audits and reviews; development program for schools failing to meet standards; establishment of a Mississippi Recovery School District; declaration of state of emergency in school district.

  1. The State Board of Education, acting through the Commission on School Accreditation, shall establish and implement a permanent performance-based accreditation system, and all noncharter public elementary and secondary schools shall be accredited under this system.
  2. No later than June 30, 1995, the State Board of Education, acting through the Commission on School Accreditation, shall require school districts to provide school classroom space that is air-conditioned as a minimum requirement for accreditation.
    1. Beginning with the 1994-1995 school year, the State Board of Education, acting through the Commission on School Accreditation, shall require that school districts employ certified school librarians according to the following formula:

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    2. The State Board of Education, however, may increase the number of positions beyond the above requirements.
    3. The assignment of certified school librarians to the particular schools shall be at the discretion of the local school district. No individual shall be employed as a certified school librarian without appropriate training and certification as a school librarian by the State Department of Education.
    4. School librarians in the district shall spend at least fifty percent (50%) of direct work time in a school library and shall devote no more than one-fourth (1/4) of the workday to administrative activities that are library related.
    5. Nothing in this subsection shall prohibit any school district from employing more certified school librarians than are provided for in this section.
    6. Any additional millage levied to fund school librarians required for accreditation under this subsection shall be included in the tax increase limitation set forth in Sections 37-57-105 and 37-57-107 and shall not be deemed a new program for purposes of the limitation.
  4. On or before December 31, 2002, the State Board of Education shall implement the performance-based accreditation system for school districts and for individual noncharter public schools which shall include the following:
    1. High expectations for students and high standards for all schools, with a focus on the basic curriculum;
    2. Strong accountability for results with appropriate local flexibility for local implementation;
    3. A process to implement accountability at both the school district level and the school level;
    4. Individual schools shall be held accountable for student growth and performance;
    5. Set annual performance standards for each of the schools of the state and measure the performance of each school against itself through the standard that has been set for it;
    6. A determination of which schools exceed their standards and a plan for providing recognition and rewards to those schools;
    7. A determination of which schools are failing to meet their standards and a determination of the appropriate role of the State Board of Education and the State Department of Education in providing assistance and initiating possible intervention. A failing district is a district that fails to meet both the absolute student achievement standards and the rate of annual growth expectation standards as set by the State Board of Education for two (2) consecutive years. The State Board of Education shall establish the level of benchmarks by which absolute student achievement and growth expectations shall be assessed. In setting the benchmarks for school districts, the State Board of Education may also take into account such factors as graduation rates, dropout rates, completion rates, the extent to which the school or district employs qualified teachers in every classroom, and any other factors deemed appropriate by the State Board of Education. The State Board of Education, acting through the State Department of Education, shall apply a simple “A,” “B,” “C,” “D” and “F” designation to the current school and school district statewide accountability performance classification labels beginning with the State Accountability Results for the 2011-2012 school year and following, and in the school, district and state report cards required under state and federal law. Under the new designations, a school or school district that has earned a “Star” rating shall be designated an “A” school or school district; a school or school district that has earned a “High-Performing” rating shall be designated a “B” school or school district; a school or school district that has earned a “Successful” rating shall be designated a “C” school or school district; a school or school district that has earned an “Academic Watch” rating shall be designated a “D” school or school district; a school or school district that has earned a “Low-Performing,” “At-Risk of Failing” or “Failing” rating shall be designated an “F” school or school district. Effective with the implementation of any new curriculum and assessment standards, the State Board of Education, acting through the State Department of Education, is further authorized and directed to change the school and school district accreditation rating system to a simple “A,” “B,” “C,” “D,” and “F” designation based on a combination of student achievement scores and student growth as measured by the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972. In any statute or regulation containing the former accreditation designations, the new designations shall be applicable;
    8. Development of a comprehensive student assessment system to implement these requirements; and
    9. The State Board of Education may, based on a written request that contains specific reasons for requesting a waiver from the school districts affected by Hurricane Katrina of 2005, hold harmless school districts from assignment of district and school level accountability ratings for the 2005-2006 school year. The State Board of Education upon finding an extreme hardship in the school district may grant the request. It is the intent of the Legislature that all school districts maintain the highest possible academic standards and instructional programs in all schools as required by law and the State Board of Education.
    1. Effective with the 2013-2014 school year, the State Department of Education, acting through the Mississippi Commission on School Accreditation, shall revise and implement a single “A” through “F” school and school district accountability system complying with applicable federal and state requirements in order to reach the following educational goals:
      1. To mobilize resources and supplies to ensure that all students exit third grade reading on grade level by 2015;
      2. To reduce the student dropout rate to thirteen percent (13%) by 2015; and
      3. To have sixty percent (60%) of students scoring proficient and advanced on the assessments of the Common Core State Standards by 2016 with incremental increases of three percent (3%) each year thereafter.
    2. The State Department of Education shall combine the state school and school district accountability system with the federal system in order to have a single system.
    3. The State Department of Education shall establish five (5) performance categories (“A,” “B,” “C,” “D” and “F”) for the accountability system based on the following criteria:
      1. Student Achievement: the percent of students proficient and advanced on the current state assessments;
      2. Individual student growth: the percent of students making one (1) year’s progress in one (1) year’s time on the state assessment, with an emphasis on the progress of the lowest twenty-five percent (25%) of students in the school or district;
      3. Four-year graduation rate: the percent of students graduating with a standard high school diploma in four (4) years, as defined by federal regulations;
      4. Categories shall identify schools as Reward (“A” schools), Focus (“D” schools) and Priority (“F” schools). If at least five percent (5%) of schools in the state are not graded as “F” schools, the lowest five percent (5%) of school grade point designees will be identified as Priority schools. If at least ten percent (10%) of schools in the state are not graded as “D” schools, the lowest ten percent (10%) of school grade point designees will be identified as Focus schools;
      5. The State Department of Education shall discontinue the use of Star School, High-Performing, Successful, Academic Watch, Low-Performing, At-Risk of Failing and Failing school accountability designations;
      6. The system shall include the federally compliant four-year graduation rate in school and school district accountability system calculations. Graduation rate will apply to high school and school district accountability ratings as a compensatory component. The system shall discontinue the use of the High School Completer Index (HSCI);
      7. The school and school district accountability system shall incorporate a standards-based growth model, in order to support improvement of individual student learning;
      8. The State Department of Education shall discontinue the use of the Quality Distribution Index (QDI);
      9. The State Department of Education shall determine feeder patterns of schools that do not earn a school grade because the grades and subjects taught at the school do not have statewide standardized assessments needed to calculate a school grade. Upon determination of the feeder pattern, the department shall notify schools and school districts prior to the release of the school grades beginning in 2013. Feeder schools will be assigned the accountability designation of the school to which they provide students;
      10. Standards for student, school and school district performance will be increased when student proficiency is at a seventy-five percent (75%) and/or when sixty-five percent (65%) of the schools and/or school districts are earning a grade of “B” or higher, in order to raise the standard on performance after targets are met.
  6. Nothing in this section shall be deemed to require a nonpublic school that receives no local, state or federal funds for support to become accredited by the State Board of Education.
  7. The State Board of Education shall create an accreditation audit unit under the Commission on School Accreditation to determine whether schools are complying with accreditation standards.
  8. The State Board of Education shall be specifically authorized and empowered to withhold adequate education program fund allocations, whichever is applicable, to any public school district for failure to timely report student, school personnel and fiscal data necessary to meet state and/or federal requirements.
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  10. The State Board of Education shall establish, for those school districts failing to meet accreditation standards, a program of development to be complied with in order to receive state funds, except as otherwise provided in subsection (15) of this section when the Governor has declared a state of emergency in a school district or as otherwise provided in Section 206, Mississippi Constitution of 1890. The state board, in establishing these standards, shall provide for notice to schools and sufficient time and aid to enable schools to attempt to meet these standards, unless procedures under subsection (15) of this section have been invoked.
  11. Beginning July 1, 1998, the State Board of Education shall be charged with the implementation of the program of development in each applicable school district as follows:
    1. Develop an impairment report for each district failing to meet accreditation standards in conjunction with school district officials;
    2. Notify any applicable school district failing to meet accreditation standards that it is on probation until corrective actions are taken or until the deficiencies have been removed. The local school district shall develop a corrective action plan to improve its deficiencies. For district academic deficiencies, the corrective action plan for each such school district shall be based upon a complete analysis of the following: student test data, student grades, student attendance reports, student dropout data, existence and other relevant data. The corrective action plan shall describe the specific measures to be taken by the particular school district and school to improve: (i) instruction; (ii) curriculum; (iii) professional development; (iv) personnel and classroom organization; (v) student incentives for performance; (vi) process deficiencies; and (vii) reporting to the local school board, parents and the community. The corrective action plan shall describe the specific individuals responsible for implementing each component of the recommendation and how each will be evaluated. All corrective action plans shall be provided to the State Board of Education as may be required. The decision of the State Board of Education establishing the probationary period of time shall be final;
    3. Offer, during the probationary period, technical assistance to the school district in making corrective actions. Beginning July 1, 1998, subject to the availability of funds, the State Department of Education shall provide technical and/or financial assistance to all such school districts in order to implement each measure identified in that district’s corrective action plan through professional development and on-site assistance. Each such school district shall apply for and utilize all available federal funding in order to support its corrective action plan in addition to state funds made available under this paragraph;
    4. Assign department personnel or contract, in its discretion, with the institutions of higher learning or other appropriate private entities with experience in the academic, finance and other operational functions of schools to assist school districts;
    5. Provide for publication of public notice at least one time during the probationary period, in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The publication shall include the following: declaration of school system’s status as being on probation; all details relating to the impairment report; and other information as the State Board of Education deems appropriate. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.
    1. If the recommendations for corrective action are not taken by the local school district or if the deficiencies are not removed by the end of the probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. Additionally, if the local school district violates accreditation standards that have been determined by the policies and procedures of the State Board of Education to be a basis for withdrawal of school district’s accreditation without a probationary period, the Commission on School Accreditation shall conduct a hearing to allow the affected school district to present evidence or other reasons why its accreditation should not be withdrawn. After its consideration of the results of the hearing, the Commission on School Accreditation shall be authorized, with the approval of the State Board of Education, to withdraw the accreditation of a public school district, and issue a request to the Governor that a state of emergency be declared in that district.
    2. If the State Board of Education and the Commission on School Accreditation determine that an extreme emergency situation exists in a school district that jeopardizes the safety, security or educational interests of the children enrolled in the schools in that district and that emergency situation is believed to be related to a serious violation or violations of accreditation standards or state or federal law, or when a school district meets the State Board of Education’s definition of a failing school district for two (2) consecutive full school years, or if more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year, the State Board of Education may request the Governor to declare a state of emergency in that school district. For purposes of this paragraph, the declarations of a state of emergency shall not be limited to those instances when a school district’s impairments are related to a lack of financial resources, but also shall include serious failure to meet minimum academic standards, as evidenced by a continued pattern of poor student performance.
    3. Whenever the Governor declares a state of emergency in a school district in response to a request made under paragraph (a) or (b) of this subsection, the State Board of Education may take one or more of the following actions:
      1. Declare a state of emergency, under which some or all of state funds can be escrowed except as otherwise provided in Section 206, Constitution of 1890, until the board determines corrective actions are being taken or the deficiencies have been removed, or that the needs of students warrant the release of funds. The funds may be released from escrow for any program which the board determines to have been restored to standard even though the state of emergency may not as yet be terminated for the district as a whole;
      2. Override any decision of the local school board or superintendent of education, or both, concerning the management and operation of the school district, or initiate and make decisions concerning the management and operation of the school district;
      3. Assign an interim superintendent, or in its discretion, contract with a private entity with experience in the academic, finance and other operational functions of schools and school districts, who will have those powers and duties prescribed in subsection (15) of this section;
      4. Grant transfers to students who attend this school district so that they may attend other accredited schools or districts in a manner that is not in violation of state or federal law;
      5. For states of emergency declared under paragraph (a) only, if the accreditation deficiencies are related to the fact that the school district is too small, with too few resources, to meet the required standards and if another school district is willing to accept those students, abolish that district and assign that territory to another school district or districts. If the school district has proposed a voluntary consolidation with another school district or districts, then if the State Board of Education finds that it is in the best interest of the pupils of the district for the consolidation to proceed, the voluntary consolidation shall have priority over any such assignment of territory by the State Board of Education;
      6. For states of emergency declared under paragraph (b) only, reduce local supplements paid to school district employees, including, but not limited to, instructional personnel, assistant teachers and extracurricular activities personnel, if the district’s impairment is related to a lack of financial resources, but only to an extent that will result in the salaries being comparable to districts similarly situated, as determined by the State Board of Education;
      7. For states of emergency declared under paragraph (b) only, the State Board of Education may take any action as prescribed in Section 37-17-13.
    4. At the time that satisfactory corrective action has been taken in a school district in which a state of emergency has been declared, the State Board of Education may request the Governor to declare that the state of emergency no longer exists in the district.
    5. The parent or legal guardian of a school-age child who is enrolled in a school district whose accreditation has been withdrawn by the Commission on School Accreditation and without approval of that school district may file a petition in writing to a school district accredited by the Commission on School Accreditation for a legal transfer. The school district accredited by the Commission on School Accreditation may grant the transfer according to the procedures of Section 37-15-31(1)(b). In the event the accreditation of the student’s home district is restored after a transfer has been approved, the student may continue to attend the transferee school district. The per-pupil amount of the adequate education program allotment, including the collective “add-on program” costs for the student’s home school district shall be transferred monthly to the school district accredited by the Commission on School Accreditation that has granted the transfer of the school-age child.
    6. Upon the declaration of a state of emergency for any school district in which the Governor has previously declared a state of emergency, the State Board of Education may either:
      1. Place the school district into district transformation, in which the school district shall remain until it has fulfilled all conditions related to district transformation. If the district was assigned an accreditation rating of “D” or “F” when placed into district transformation, the district shall be eligible to return to local control when the school district has attained a “C” rating or higher for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period;
      2. Abolish the school district and administratively consolidate the school district with one or more existing school districts;
      3. Reduce the size of the district and administratively consolidate parts of the district, as determined by the State Board of Education. However, no school district which is not in district transformation shall be required to accept additional territory over the objection of the district; or
      4. Require the school district to develop and implement a district improvement plan with prescriptive guidance and support from the State Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for district transformation.
    7. There is established a Mississippi Recovery School District within the State Department of Education under the supervision of a deputy superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education. The Mississippi Recovery School District shall provide leadership and oversight of all school districts that are subject to district transformation status, as defined in Chapters 17 and 18, Title 37, Mississippi Code of 1972, and shall have all the authority granted under these two (2) chapters. The Mississippi Department of Education, with the approval of the State Board of Education, shall develop policies for the operation and management of the Mississippi Recovery School District. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall be authorized to oversee the administration of the Mississippi Recovery School District, oversee the interim superintendent assigned by the State Board of Education to a local school district, hear appeals that would normally be filed by students, parents or employees and heard by a local school board, which hearings on appeal shall be conducted in a prompt and timely manner in the school district from which the appeal originated in order to ensure the ability of appellants, other parties and witnesses to appeal without undue burden of travel costs or loss of time from work, and perform other related duties as assigned by the State Superintendent of Public Education. The deputy state superintendent is responsible for the Mississippi Recovery School District and shall determine, based on rigorous professional qualifications set by the State Board of Education, the appropriate individuals to be engaged to be interim superintendents and financial advisors, if applicable, of all school districts subject to district transformation status. After State Board of Education approval, these individuals shall be deemed independent contractors.
  13. Upon the declaration of a state of emergency in a school district under subsection (12) of this section, the Commission on School Accreditation shall be responsible for public notice at least once a week for at least three (3) consecutive weeks in a newspaper published within the jurisdiction of the school district failing to meet accreditation standards, or if no newspaper is published therein, then in a newspaper having a general circulation therein. The size of the notice shall be no smaller than one-fourth (1/4) of a standard newspaper page and shall be printed in bold print. If an interim superintendent has been appointed for the school district, the notice shall begin as follows: “By authority of Section 37-17-6, Mississippi Code of 1972, as amended, adopted by the Mississippi Legislature during the 1991 Regular Session, this school district (name of school district) is hereby placed under the jurisdiction of the State Department of Education acting through its appointed interim superintendent (name of interim superintendent).”

    The notice also shall include, in the discretion of the State Board of Education, any or all details relating to the school district’s emergency status, including the declaration of a state of emergency in the school district and a description of the district’s impairment deficiencies, conditions of any district transformation status and corrective actions recommended and being taken. Public notices issued under this section shall be subject to Section 13-3-31 and not contrary to other laws regarding newspaper publication.

    Upon termination of the state of emergency in a school district, the Commission on School Accreditation shall cause notice to be published in the school district in the same manner provided in this section, to include any or all details relating to the corrective action taken in the school district that resulted in the termination of the state of emergency.

  14. The State Board of Education or the Commission on School Accreditation shall have the authority to require school districts to produce the necessary reports, correspondence, financial statements, and any other documents and information necessary to fulfill the requirements of this section.

    Nothing in this section shall be construed to grant any individual, corporation, board or interim superintendent the authority to levy taxes except in accordance with presently existing statutory provisions.

    1. Whenever the Governor declares a state of emergency in a school district in response to a request made under subsection (12) of this section, the State Board of Education, in its discretion, may assign an interim superintendent to the school district, or in its discretion, may contract with an appropriate private entity with experience in the academic, finance and other operational functions of schools and school districts, who will be responsible for the administration, management and operation of the school district, including, but not limited to, the following activities:
      1. Approving or disapproving all financial obligations of the district, including, but not limited to, the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel, contractual agreements and purchase orders, and approving or disapproving all claim dockets and the issuance of checks; in approving or disapproving employment contracts of superintendents, assistant superintendents or principals, the interim superintendent shall not be required to comply with the time limitations prescribed in Sections 37-9-15 and 37-9-105;
      2. Supervising the day-to-day activities of the district’s staff, including reassigning the duties and responsibilities of personnel in a manner which, in the determination of the interim superintendent, will best suit the needs of the district;
      3. Reviewing the district’s total financial obligations and operations and making recommendations to the district for cost savings, including, but not limited to, reassigning the duties and responsibilities of staff;
      4. Attending all meetings of the district’s school board and administrative staff;
      5. Approving or disapproving all athletic, band and other extracurricular activities and any matters related to those activities;
      6. Maintaining a detailed account of recommendations made to the district and actions taken in response to those recommendations;
      7. Reporting periodically to the State Board of Education on the progress or lack of progress being made in the district to improve the district’s impairments during the state of emergency; and
      8. Appointing a parent advisory committee, comprised of parents of students in the school district that may make recommendations to the interim superintendent concerning the administration, management and operation of the school district.

      The cost of the salary of the interim superintendent and any other actual and necessary costs related to district transformation status paid by the State Department of Education shall be reimbursed by the local school district from funds other than adequate education program funds. The department shall submit an itemized statement to the superintendent of the local school district for reimbursement purposes, and any unpaid balance may be withheld from the district’s adequate education program funds.

      At the time that the Governor, in accordance with the request of the State Board of Education, declares that the state of emergency no longer exists in a school district, the powers and responsibilities of the interim superintendent assigned to the district shall cease.

    2. In order to provide loans to school districts under a state of emergency or in district transformation status that have impairments related to a lack of financial resources, the School District Emergency Assistance Fund is created as a special fund in the State Treasury into which monies may be transferred or appropriated by the Legislature from any available public education funds. Funds in the School District Emergency Assistance Fund up to a maximum balance of Three Million Dollars ($3,000,000.00) annually shall not lapse but shall be available for expenditure in subsequent years subject to approval of the State Board of Education. Any amount in the fund in excess of Three Million Dollars ($3,000,000.00) at the end of the fiscal year shall lapse into the State General Fund or the Education Enhancement Fund, depending on the source of the fund.

      The State Board of Education may loan monies from the School District Emergency Assistance Fund to a school district that is under a state of emergency or in district transformation status, in those amounts, as determined by the board, that are necessary to correct the district’s impairments related to a lack of financial resources. The loans shall be evidenced by an agreement between the school district and the State Board of Education and shall be repayable in principal, without necessity of interest, to the School District Emergency Assistance Fund by the school district from any allowable funds that are available. The total amount loaned to the district shall be due and payable within five (5) years after the impairments related to a lack of financial resources are corrected. If a school district fails to make payments on the loan in accordance with the terms of the agreement between the district and the State Board of Education, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold that district’s adequate education program funds in an amount and manner that will effectuate repayment consistent with the terms of the agreement; the funds withheld by the department shall be deposited into the School District Emergency Assistance Fund.

      The State Board of Education shall develop a protocol that will outline the performance standards and requisite timeline deemed necessary for extreme emergency measures. If the State Board of Education determines that an extreme emergency exists, simultaneous with the powers exercised in this subsection, it shall take immediate action against all parties responsible for the affected school districts having been determined to be in an extreme emergency. The action shall include, but not be limited to, initiating civil actions to recover funds and criminal actions to account for criminal activity. Any funds recovered by the State Auditor or the State Board of Education from the surety bonds of school officials or from any civil action brought under this subsection shall be applied toward the repayment of any loan made to a school district hereunder.

  16. If a majority of the membership of the school board of any school district resigns from office, the State Board of Education shall be authorized to assign an interim superintendent, who shall be responsible for the administration, management and operation of the school district until the time as new board members are selected or the Governor declares a state of emergency in that school district under subsection (12), whichever occurs first. In that case, the State Board of Education, acting through the interim superintendent, shall have all powers which were held by the previously existing school board, and may take any action as prescribed in Section 37-17-13 and/or one or more of the actions authorized in this section.
    1. If the Governor declares a state of emergency in a school district, the State Board of Education may take all such action pertaining to that school district as is authorized under subsection (12) or (15) of this section, including the appointment of an interim superintendent. The State Board of Education shall also have the authority to issue a written request with documentation to the Governor asking that the office of the superintendent of the school district be subject to recall. If the Governor declares that the office of the superintendent of the school district is subject to recall, the local school board or the county election commission, as the case may be, shall take the following action:

      “Shall County Superintendent of Education_______________(here the name of the superintendent shall be inserted) of the_______________(here the title of the school district shall be inserted) be retained in office? Yes_______________No_______________ ”

      If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of that office, and at the expiration of the term shall be eligible for qualification and election to another term or terms.

      1. If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
      2. If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent in office, a vacancy shall exist which shall be filled as provided by law, otherwise the superintendent shall remain in office for the duration of his employment contract.
    2. The State Board of Education may issue a written request with documentation to the Governor asking that the membership of the school board of the school district shall be subject to recall. Whenever the Governor declares that the membership of the school board is subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:

      “Members of the_______________(here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district’s failure to meet critical accountability standards as defined in the letter of notification to the Governor from the State Board of Education. Shall the member of the school board representing this area,_______________(here the name of the school board member holding the office shall be inserted), be retained in office? Yes_______________No_______________ ”

      If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member’s office shall exist, which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of that office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make those appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.

      1. If the members of the local school board are elected to office, in those years in which the specific member’s office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member’s office within the county or school district, as the case may be, and the special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
      2. If the local school board is an appointed school board, the name of all school board members shall be submitted as a collective board by the president of the municipal or county governing authority, as the case may be, at the next regular meeting of the governing authority for retention in office or dismissal from office. If a majority of the governing authority voting on the question vote against retaining the board in office, a vacancy shall exist in each school board member’s office, which shall be filled as provided by law; otherwise, the members of the appointed school board shall remain in office for the duration of their term of appointment, and those members may be reappointed.
      3. If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in subparagraph (i) of this paragraph (b), and the appointed members shall be subject to recall in the manner provided in subparagraph (ii).
  18. Beginning with the school district audits conducted for the 1997-1998 fiscal year, the State Board of Education, acting through the Commission on School Accreditation, shall require each school district to comply with standards established by the State Department of Audit for the verification of fixed assets and the auditing of fixed assets records as a minimum requirement for accreditation.
  19. Before December 1, 1999, the State Board of Education shall recommend a program to the Education Committees of the House of Representatives and the Senate for identifying and rewarding public schools that improve or are high performing. The program shall be described by the board in a written report, which shall include criteria and a process through which improving schools and high-performing schools will be identified and rewarded.

    The State Superintendent of Public Education and the State Board of Education also shall develop a comprehensive accountability plan to ensure that local school boards, superintendents, principals and teachers are held accountable for student achievement. A written report on the accountability plan shall be submitted to the Education Committees of both houses of the Legislature before December 1, 1999, with any necessary legislative recommendations.

  20. Before January 1, 2008, the State Board of Education shall evaluate and submit a recommendation to the Education Committees of the House of Representatives and the Senate on inclusion of graduation rate and dropout rate in the school level accountability system.
  21. If a local school district is determined as failing and placed into district transformation status for reasons authorized by the provisions of this section, the interim superintendent appointed to the district shall, within forty-five (45) days after being appointed, present a detailed and structured corrective action plan to move the local school district out of district transformation status to the deputy superintendent. A copy of the interim superintendent’s corrective action plan shall also be filed with the State Board of Education.

Number of Students Number of Certified Per School Library School Librarians 0 — 499 Students 1/2 Full-time Equivalent Certified Librarian 500 or More Students 1 Full-time Certified Librarian

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 12; Laws, 1985, ch. 398; Laws, 1991, ch. 471, § 1; Laws, 1994, ch. 581, § 7; Laws, 1996, ch. 302, § 1; Laws, 1997, ch. 386, § 3; Laws, 1997, ch. 336, § 1; Laws, 1998, ch. 497, § 3; Laws, 1999, ch. 421, § 3; Laws, 2000, ch. 533, § 6; Laws, 2000, ch. 610, §§ 6, 7; Laws, 2005, 5th Ex Sess, ch. 2, § 1; Laws, 2007, ch. 518, § 1; Laws, 2009, ch. 516, § 3; Laws, 2010, ch. 420, § 1; Laws, 2011, ch. 442, § 5; Laws, 2011, ch. 515, § 1; Laws, 2012, ch. 525, § 1; Laws, 2012, ch. 563, § 1; Laws, 2013, ch. 497, § 68; Laws, 2013, ch. 563, § 1; Laws, 2016, ch. 424, § 2; Laws, 2017, ch. 439, § 1, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 3 of ch. 386, Laws of 1997, effective from and after passage (approved March 18, 1997), amended this section. Section 1 of ch. 336, Laws of 1997, effective July 1, 1997, also amended this section. As amended in 1997, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the May 8, 1997 meeting of the Committee.

Section 5 of ch. 442, Laws of 2011, effective from and after July 1, 2011 (approved March 23, 2011), amended this section. Section 1 of ch. 515, Laws of 2011, effective July 2, 2011 (approved April 26, 2011), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 515, Laws of 2011, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Section 1 of ch. 525, Laws of 2012, effective from and after September 24, 2012, amended this section. Section 1 of ch. 563, Laws of 2012, effective July 1, 2012, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 563, Laws of 2012.

Section 68 of ch. 497, Laws of 2013, effective July 1, 2013 (approved April 17, 2013), amended this section. Section 1 of ch. 563, Laws of 2013, effective July 1, 2013 (approved April 25, 2013), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in subdivision (17)(a). The reference to “ Section 37-17-6” was changed to “this section.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Pursuant to Section 1-1-109, the Joint Committee Compilation, Revision and Publication of Legislation corrected two typographical errors in this section, as amended by Laws of 2017, Chapter 439. The phrase “district of transformation” was change to “district transformation” twice in (12)(g). The Joint Committee ratified the correction at the August 15, 2017, meeting of the Committee.

Editor’s Notes —

Laws of 1999, ch. 421, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Student Achievement Improvement Act of 1999.’ ”

On June 1, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1999, ch. 421, § 3.

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [ Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the amendments made to this section by Laws of 2000, ch. 533, § 6. This section is set out above as amended by Laws of 2000, ch. 610, § 6.

Laws of 2009, ch. 516 § 1 provides:

“SECTION 1. This act shall be entitled and may be cited as the “Children First Act of 2009.”

On July 23, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 518, § 1.

Laws of 2010, ch. 321, § 3 provides:

“During fiscal year 2010, the State Fiscal Officer shall transfer to the School District Emergency Assistance Fund created in Section 37-17-6(14)(b) the sum of One Million Dollars ($1,000,000.00) from the Mississippi Adequate Education Program budget of the State Department of Education (Fund No. 2230). The department is authorized to escalate the appropriate budget by the amount specified in this section and expend that sum for the purposes authorized by law, subject to the following provision:

“No funds provided in this section shall be expended by the State Department of Education for the support of a school district in which the Governor has declared a state of emergency until the State Board of Education has appointed and assigned an interim conservator to the school district. The department shall provide to the House and Senate Education Committees and the House and Senate Appropriations Committees a monthly report of all expenditures that it makes for the support of a school district from the funds provided in this section during the period that the school district is administered, managed and operated by an interim conservator.”

By letter dated September 24, 2012, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended to the amendment of this section by Chapter 525, Laws of 2012.

Amendment Notes —

The 1999 amendment rewrote the section.

The first 2000 amendment (ch. 533) added (11)(e).

The second 2000 amendment (ch. 610) repealed the amendments made to the section by Laws, 2000, ch. 533, § 6; substituted “December 31, 2002 ” for “July 1, 2000 ” in (4); and added (11)(e).

The 2005 amendment, 5th Ex Sess, ch. 2, added (4)(i); and made minor stylistic changes throughout.

The 2007 amendment deleted “adequate minimum education program or” following “empowered to withhold” in (7); rewrote (10)(d); inserted “or in its discretion . . . and school districts” in (11)(c)(iii) and (14)(a); substituted “licensed and nonlicensed personnel” for “certified and noncertified personnel” in (14)(a)(i); in the next-to-last paragraph of (14)(a), substituted “funds other than adequate education program funds” for “nonminimum program funds” and deleted “minimum” following “withheld from the district’s”; in (14)(b), substituted “adequate education program funds” for “district’s minimum program funds” in the last sentence of the second paragraph, and added the first sentence of the last paragraph; and added (16) and (19) and redesignated former (16) and (17) as present (17) and (18).

The 2009 amendment added the last three sentences of (4)(g); in (9), added (a) and designated the former provisions of (9) as present (b); substituted the designators “(i)” through “(vii)” for “(a)” through “(g)”; in (11), inserted “or when a school…(2) consecutive full school years” in (b), and added (f); deleted the former last sentence of (14)(b), which provided the maximum amount that may be appropriated or transferred to the School District Emergency Assistance Fund for any one (1) emergency; added (20); and made minor stylistic changes.

The 2010 amendment substituted “certified school librarians” for “such school librarians” in (3)(c); and in (11)(f), in the first sentence, substituted “under the supervision of a Deputy Superintendent appointed by the State Superintendent of Public Education, who is subject to the approval by the State Board of Education” for “under the management and supervision of a Deputy Superintendent who is appointed by the State Superintendent of Public Education,” in the second sentence, deleted “management” following “leadership,” in the fourth sentence, substituted “oversee conservators” for “supervise conservators” and “ensure the ability of appellants” for “ensure that the capacity of appellants” and added the last two sentences; and made numerous minor stylistic changes.

The first 2011 amendment (ch. 442) substituted “millage” for “mileage” in (3)(f); deleted former (9)(a), which required that annual reports be published; deleted (11)(e), and redesignated former (11)(f) as (11)(e); and made minor stylistic changes.

The second 2011 amendment (ch. 515) substituted “millage” for “mileage” in (3)(f); deleted former (9)(a), which required that annual reports be published; inserted “or if more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year” in the first sentence of (11)(b); deleted (11)(e) and redesignated former (11)(f) as (11)(e); and made minor stylistic changes.

The first 2012 amendment (ch. 525), added the last four sentences in (4)(g); inserted the second sentence in (11)(a); added (11)(e) and (11)(f) and redesignated former (11)(e) as (11)(g); and in (14)(b), in the first paragraph, inserted “or under conservatorship” in the first sentence and added the last two sentences, and in the second paragraph, inserted “or under conservatorship” in the first sentence, substituted “School District Emergency Assistance Fund” for “State General Fund or the Education Enhancement Fund, depending on the source of funding for the loan” in the second sentence, and substituted “School District Emergency Assistance Fund” for “State General Fund or the Education Enhancement Fund, as the case may be” at the end.

The second 2012 amendment (ch. 563), added the last four sentences in (4)(g).

The 2013 amendment (ch. 497), inserted “noncharter” preceding “public elementary and secondary schools” in (1); and inserted “noncharter public” in (4), of the first version.

The 2013 amendment (ch. 513) deleted the first version of this section and rewrote the second version of the section.

The 2016 amendment deleted “Except when, in the determination of the State Board of Education, the school district’s impairment is related to a lack of financial resources” from the beginning of the second paragraph of (15)(a); and substituted “paragraph (b)” for “subsection” in (17)(b)(iii).

The 2017 amendment substituted “interim superintendent” for “conservator” or “interim conservator” throughout the section; in (12)(f), rewrote (i), which read: “establish a conservatorship or,” divided (iii) into two sentences by substituting “Board of Education. However, no school district which is not in district transformation shall” for “Board of Education; provided, however, that no school district which is not under conservatorship shall,” and added (iv); in (12)(g), substituted “district of transformation status” for “state district of transformation” in the second sentence, in the fourth sentence, deleted “from school districts under district of transformation” following “a local school district, hear appeals,” and in the next-to-last sentence, substituted “district of transformation status” for “state district of transformation”; and substituted “status to the deputy superintendent” for “status to the local school board and local superintendent of education if they have not been removed by the conservator, or if the board and superintendent have been removed, to the local governing authority of the municipality or county in which the school district under conservatorship is located”; and made minor stylistic changes in the first sentence of (21); and made minor stylistic changes.

Cross References —

State common-school funds, see Miss. Const. Art. 8, § 206.

State Board of Education generally, see §§37-1-1 et seq.

Written notice of determination not to offer employee renewal contract, see §37-9-105.

Statewide assessment testing program, see §§37-16-1 et seq.

General duties of the commission on school accreditation, see §37-17-5.

Accreditation of nonpublic schools, see §37-17-7.

Accreditation of schools by other agencies, see §37-17-9.

Authority of State Board of Eduction as to school districts declared to be in a state of emergency, see §37-17-13.

Superior-Performing, Exemplary and Priority Schools Programs, see §§37-18-1 et seq.

Education Enhancement Fund, see §37-61-33.

Task force to study and report on failing schools, see §37-152-3.

OPINIONS OF THE ATTORNEY GENERAL

In a school district under conservatorship, the conservator has the ultimate duty and responsibility for both notice of personnel actions and the final personnel decision. Thompson, April 12, 2000, A.G. Op. #2000-0209.

In a school district under conservatorship, it is within the discretion of the conservator to employ legal counsel and have the fees paid by the local school district. Thompson, April 12, 2000, A.G. Op. #2000-0209.

RESEARCH REFERENCES

ALR.

Liability of private school or educational institution for breach of contract arising from provision or deficient educational instruction. 46 A.L.R.5th 581.

JUDICIAL DECISIONS

1. Conservator’s authority.

Interim school district conservator was acting within the scope of the conservator’s authority under Miss. Code Ann. §37-17-6(14)(a) when the conservator declared the school board’s new transfer policy revoked existing transfers, thereby revoking a student’s inter-district transfer; the board could withdraw its consent to the transfer at any time. Fails v. Jefferson Davis County Pub. Sch. Bd., 96 So.3d 1, 2011 Miss. App. LEXIS 287 (Miss. Ct. App. 2011), vacated, 95 So.3d 1223, 2012 Miss. LEXIS 260 (Miss. 2012).

§ 37-17-7. Accreditation of nonpublic schools.

Any nonpublic school may, through its governing body, request that the State Board of Education approve such institution. Approval shall be based upon a process promulgated by the State Board of Education; provided, however, that in no event shall the State Board of Education adopt more stringent standards for approval of nonpublic schools than the accreditation standards applied to public schools.

HISTORY: Codes, 1942, § 6244-23; Laws, 1970, ch. 366, § 3; Laws, 1992, ch. 524, § 11, eff from and after July 1, 1992.

Cross References —

Powers and duties of the commission on teacher and administrator education, certification and development, see §37-3-2.

Accreditation of schools by other agencies, see §37-17-9.

RESEARCH REFERENCES

ALR.

Validity of state regulation of curriculum and instruction in private and parochial schools. 18 A.L.R.4th 649.

§ 37-17-8. Comprehensive in-service staff development plans; exemption of certain school districts.

  1. The State Board of Education, through the Commission on School Accreditation, shall establish criteria for comprehensive in-service staff development plans. These criteria shall: (a) include, but not be limited to, formula and guidelines for allocating available state funds for in-service training to local school districts; (b) require that a portion of the plans be devoted exclusively for the purpose of providing staff development training for beginning teachers within that local school district and for no other purpose; and (c) require that a portion of the school district’s in-service training for administrators and teachers be dedicated to the application and utilization of various disciplinary techniques. The board shall each year make recommendations to the Legislature concerning the amount of funds which shall be appropriated for this purpose.
  2. School districts shall not be required to submit staff development plans to the Commission on School Accreditation for approval. However, any school district accredited at the lowest performance levels, as defined by the State Board of Education, shall include, as a part of any required corrective action plan, provisions to address staff development in accordance with State Board of Education requirements. All school districts, unless specifically exempt from this section, must maintain on file staff development plans as required under this section. The plan shall have been prepared by a district committee appointed by the district superintendent and consisting of teachers, administrators, school board members, and lay people, and it shall have been approved by the district superintendent.
  3. In order to insure that teachers are not overburdened with paperwork and written reports, local school districts and the State Board of Education shall take such steps as may be necessary to further the reduction of paperwork requirements on teachers.
  4. Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the mandatory provisions of this section relating to staff development plans.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 13; Laws, 1992, ch. 519, § 6; Laws, 1998, ch. 544, § 9; Laws, 2006, ch. 417, § 8; reenacted without change, Laws, 2009, ch. 345, § 22; reenacted and amended, Laws, 2009, ch. 445, § 6, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Section 6 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), reenacted and amended this section. Section 22 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 6 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2006 amendment deleted “Beginning with the 1998-1999 school year” from the beginning of (2); and rewrote (4).

The first 2009 amendment (ch. 345), reenacted this section without change.

The second 2009 amendment (ch. 445) reenacted and amended the section by substituting “the highest levels of” for “Level 4 or 5” in (4).

Cross References —

Powers and duties of the commission on teacher and administrator education, certification and development, see §37-3-2.

Exemption from the provisions of this section for school districts meeting Level 4 or 5 accreditation standards, see §37-17-12.

§ 37-17-9. Accreditation of schools by other agencies.

This chapter shall not be construed to establish the only accrediting agency in the State of Mississippi, and nothing contained herein shall be construed to prevent any nonpublic school association or associations or group or groups from establishing its or their accrediting agency, unrelated to any such accrediting agency for public schools as established by this chapter. Nothing in this chapter shall prevent such nonpublic school accrediting agency or agencies from functioning in such capacity.

HISTORY: Codes, 1942, § 6244-24; Laws, 1970, ch. 366, § 4, eff from and after passage (approved April 3, 1970).

Cross References —

Establishment and implementation of permanent performance-based accreditation system, see §37-17-6.

Accreditation of nonpublic schools, see §37-17-7.

§ 37-17-11. Exemption of school districts from compulsory standards of accreditation.

The State Board of Education, in its discretion, may exempt any school district meeting the highest levels of state accreditation standards, as defined by the State Board of Education, from any compulsory standard of accreditation. However, if the standard of accreditation is an educational policy required by statute, any such exemption shall only be made if specifically authorized by law.

HISTORY: Laws, 1992, ch. 419, § 13; Laws, 1992, ch. 519, § 1; Laws, 2006, ch. 417, § 2; reenacted without change, Laws, 2009, ch. 345, § 23; reenacted and amended, Laws, 2009, ch. 445, § 7, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Section 7 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), reenacted and amended this section. Section 23 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 7 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2006 amendment substituted “may exempt any school district meeting Level 4 or 5 state accreditation standards, as defined by the State Board of Education,” for “may exempt any school district which meets Level 4 or 5 accreditation” in the first sentence; and substituted “However, if the standard” for “Provided, however, that in the event such standard” in the second sentence.

The first 2009 amendment (ch. 345) reenacted this section without change.

The second 2009 amendment (ch. 445), reenacted and amended the section by substituting “the highest levels of” for “Level 4 or 5 state” in the introductory language.

§ 37-17-12. Exemption of administrators at certain schools from certain statutory requirements; exemption of certain school districts from certain statutory requirements and process standards; State Department of Education to provide report of exempted and nonexempted process standards.

    1. Effective July 1, 2006, principals and administrators with career level certifications at schools with the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions pursuant to Section 37-3-4, subject to approval of the local superintendent.
    2. Effective July 1, 2006, school districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions pursuant to Sections 37-3-46, 37-3-49(2), 37-7-337, 37-17-8 and 37-21-7(4).
    3. The State Department of Education shall develop a policy to determine reevaluation of exemption status.
  2. The State Department of Education is directed to provide a report of all exempted process standards and nonexempted process standards to the Office of the Governor, the Chairs of the House and Senate Education Committees, and the Mississippi Association of School Superintendents by December 1, 2007.

HISTORY: Laws, 2006, ch. 417, § 3; reenacted without change, Laws, 2009, ch. 345, § 24; reenacted and amended, Laws, 2009, ch. 445, § 8, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Section 8 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), reenacted and amended this section. Section 24 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 8 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Amendment Notes —

The first 2009 amendment (ch. 345), reenacted this section without change.

The second 2009 amendment (ch. 445), reenacted and amended the section by substituting “the highest levels of ” for “Level 4 or 5” in (1)(a) and (b), and inserting “as defined by the State Board of Education” in (1)(a).

§ 37-17-13. Abolition of school districts declared to be in state of emergency; powers of board of education with regard to such school districts; reconstitution, etc., of districts; alternative procedures for appointment of new local school board for district [Subsection 4 repealed effective July 1, 2020].

  1. Whenever the Governor declares a state of emergency in a school district in response to a certification by the State Board of Education and the Commission on School Accreditation made under Section 37-17-6(11)(b), the State Board of Education, in addition to any actions taken under Section 37-17-6, may abolish the school district and assume control and administration of the schools formerly constituting the district, and appoint an interim superintendent to carry out this purpose under the direction of the State Board of Education. In such case, the State Board of Education shall have all powers which were held by the previously existing school board, and the previously existing superintendent of schools or county superintendent of education, including, but not limited to, those enumerated in Section 37-7-301, and the authority to request tax levies from the appropriate governing authorities for the support of the schools and to receive and expend the tax funds as provided by Section 37-57-1 et seq. and Section 37-57-105 et seq.
  2. When a school district is abolished under this section, loans from the School District Emergency Assistance Fund may be made by the State Board of Education for the use and benefit of the schools formerly constituting the district in accordance with the procedures set forth in Section 37-17-6(14) for such loans to the district. The abolition of a school district under this section shall not impair or release the property of that school district from liability for the payment of the loan indebtedness, and it shall be the duty of the appropriate governing authorities to levy taxes on the property of the district so abolished from year to year according to the terms of the indebtedness until same shall be fully paid.
  3. After a school district is abolished under this section, at such time as the State Board of Education determines that the impairments have been substantially corrected after a period of maintaining a “C” accountability rating for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period, the State Board of Education shall reconstitute, reorganize or change or alter the boundaries of the previously existing district; however, no partition or assignment of territory formerly included in the abolished district to one or more other school districts may be made by the State Board of Education without the consent of the school board of the school district to which such territory is to be transferred, such consent to be spread upon its minutes. At that time, the State Board of Education, in appropriate cases, shall notify the appropriate governing authority or authorities of its action and request them to provide for the election or appointment of school board members in the manner provided by law. In the event the applicable statute provides that vacancies in an all-elected membership of the school board will be filled by appointment by the remaining members of the school board and no members of the school board remain in office, the Governor shall call a special election to fill the vacancies. In such situations, the Governor will set the date of the special election and the election will be conducted by the county election commission. The State Board of Education shall also request the governing authority or authorities to provide for the appointment of a superintendent or superintendents to govern the reconstituted, reorganized or changed district or districts, which such appointed position shall apply in all school districts including those school districts in which the position of superintendent was previously an elected office. A board member or superintendent in office at the time the Governor declares a state of emergency in a school district to be abolished shall not be eligible to serve in that office for the school district reconstituted, reorganized or changed after the Governor declares that an emergency no longer exists.
  4. As an alternative to the procedure set forth in subsection (3), in the event a local school board is abolished by the State Board of Education pursuant to this section, after the State Board of Education determines that the impairments are being substantially corrected and the responsibility of the district transformation in such district upon the conclusion of the final scholastic year in which a district has maintained a “C” accountability rating for five (5) consecutive years, unless the State Board of Education determines that the district is eligible to return to local control in less than the five-year period, the State Board of Education may appoint a new five-member board for the administration of the school district and shall notify the local county board of supervisors and/or municipal governing authority of such appointment, spreading the names of the new school board members on its minutes. The new local school board members shall be residents of the school district. The new local school board members appointed by the State Board of Education may serve in an advisory capacity to the interim superintendent for its first year of service and thereafter shall have full responsibility to administer the school district. Thirty (30) days prior to the end of the first year of office as an advisory board, each member shall draw lots to determine when the members shall rotate off the board as follows: one (1) member shall serve a one-year term of office; one (1) member shall serve a two-year term of office; one (1) member shall serve a three-year term of office; one (1) member shall serve a four-year term of office; and one (1) member shall serve a five-year term of office. At that time, the State Board of Education shall notify the appropriate board of supervisors or municipal governing authority of this action and request them to provide for the election or appointment of school board members at the end of the terms of office in the manner provided by law, in order for the local residents of the school district to select a new school board on a phased-in basis. In such situations, the Governor will set the date of any necessary special election which shall be conducted by the county election commission. The State Board of Education shall also request the new school board to provide for the appointment of a superintendent to govern the reconstituted or reorganized school district, including those school districts in which the position of superintendent was previously an elected office. A board member or superintendent in office at the time the Governor declares a state of emergency in a school district shall not be eligible to serve in the office of school board member or superintendent for the school district reconstituted or reorganized following the district transformation period.

    This subsection (4) shall stand repealed from and after July 1, 2020.

HISTORY: Laws, 1996, ch. 302, § 2; Laws, 1999, ch. 421, § 4; Laws, 2007, ch. 518, § 2; Laws, 2012, ch. 525, § 2; Laws, 2013, ch. 331, § 1; Laws, 2013, ch. 363, § 1; Laws, 2015, ch. 485, § 1; Laws, 2017, ch. 439, § 2, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Committee Compilation, Revision and Publication of Legislation corrected two typographical errors in this section, as amended by Laws of 2017, Chapter 439. The phrase “district of transformation” was change to “district transformation” twice in (4). The Joint Committee ratified the correction at the August 15, 2017, meeting of the Committee.

Editor’s Notes —

This section was amended by two bills in 2013. The effective date of each of the two bills that amended this section, Chapter 331 (House Bill No. 975) and Chapter 363 (Senate Bill No. 2779), is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bills were approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. Chapter 331 was submitted to the United States Attorney General before the Shelby County decision was rendered. In a letter dated July 9, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 331 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 331, so Chapter 331 became effective on the date of the response letter from the United States Attorney General, July 9, 2013.

Chapter 363 was not submitted before the Shelby County decision, but the Mississippi Attorney General’s Office submitted Chapter 363 to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated July 16, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 363 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 363, so Chapter 363 became effective from and after July 16, 2013, the date of the United States Attorney General’s response letter. Because that date is later than the date of the response letter for Chapter 331, the version of this section in Chapter 363 is the controlling version of this section.

As set out above, this section reflects the amendments to the section by Chapter 363.

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the enactment of this section by Laws of 1996, ch. 302, § 2, on May 14, 1996.

Laws of 1999, ch. 421, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Student Achievement Improvement Act of 1999.”’

On June 1, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1999, ch. 421, § 4.

By letter dated July 23, 2007, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2007, ch. 518.

By letter dated September 24, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 525, Laws of 2012.

Laws of 2013, ch. 331, §§ 4 and 5 provide:

“SECTION 4. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 5. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.”

Amendment Notes —

The 1999 amendment, in (1), substituted “Section 37-17-6(11)(b) ” for “Section 37-17-6(14)” and “Section 37-17-6” for “Section 37-17-6(14),” inserted “and the previously existing superintendent of schools or county superintendent of education ”; and in (3), substituted “however, no partition or assignment” for “provided, however, that no partition or assignment.”

The 2007 amendment in the second version of the section, substituted “actions taken under Section 37-17-6, may abolish” for “actions taken under Section 37-17-6, shall abolish” in (1).

The 2012 amendment, in (3), deleted “and a superintendent or superintendents to govern the district or districts affected” following “board members” in the second sentence, and added the last two sentences.

The first 2013 amendment (ch. 331), added the last two sentences in (3); and inserted the (4)(a) and (b) designators.

The second 2013 amendment (ch. 363), added the third and fourth sentences of (3).

The 2015 amendment added (4); and made a minor stylistic change in (1).

The 2017 amendment substituted “interim superintendent” for “interim conservatorship” or “conservator” and “district of transformation” for “conservatorship” throughout the section; inserted “after a period of maintaining…less than the five-year period” in the first sentence of (3); substituted “upon the conclusion of the final scholastic year…in less than the five-year period” for “is within one (1) year of potential seven-year expiration or” in the first sentence of (7); and in (4), deleted the former next-to-last paragraph, which read: “The provisions of this subsection (4) shall not be applicable in any school district placed into conservatorship on or after September 1, 2013, and which is located entirely South of United States Highway 80,” and extended the date of the repealer for the subsection by substituting “July 1, 2020” for “July 1, 2017” in the last paragraph.

Cross References —

Abolition, reorganization or alteration of district generally, see §§37-7-103 et seq.

Authority of State Board of Education as to school districts declared to be in a state of emergency generally, see §37-17-6.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 38, 47 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 109, 110.

§ 37-17-15. Withdrawal of accreditation of certain school districts for reasons other than failure to meet student academic standards or comply with financial accountability requirements does not limit district schools’ participation in extracurricular or athletic activities.

Effective March 26, 2014, the withdrawal of a school district’s accreditation by the Commission on School Accreditation in a school district with an “A” or “B” accountability rating, for any reason other than failure to meet student academic standards or for failure to comply with financial accountability requirements, shall not result in any limitation of the schools in the district to participate in any extracurricular or athletic activity in the regular or postseason. The Commission on School Accreditation shall amend its rules and regulations to conform to the provisions of this section.

HISTORY: Laws, 2014, ch. 442, § 8, eff from and after passage (approved Mar. 26, 2014).

§ 37-17-17. Statewide Mississippi Achievement School District created; criteria for transferring schools to district; administration of transferred schools; return to local school district governance under certain circumstances; funding.

  1. There is created the Mississippi Achievement School District for the purpose of transforming persistently failing public schools and districts throughout the state into quality educational institutions. The Mississippi Achievement School District shall be a statewide school district, separate and distinct from all other school districts but not confined to any specified geographic boundaries, and may be comprised of any public schools or school districts in the state which, during two (2) consecutive school years, are designated an “F” school or district by the State Board of Education under the accountability rating system or which have been persistently failing and chronically underperforming.
  2. The Mississippi Achievement School District shall be governed by the State Board of Education.
  3. The State Board of Education shall obtain suitable office space to serve as the administrative office of the school district.
  4. The State Board of Education shall select an individual to serve as superintendent of the Mississippi Achievement School District. The superintendent must be deemed by the board to be highly qualified with a demonstrable track record for producing results in a context relevant to that of Mississippi Achievement School District schools. The superintendent of the Mississippi Achievement School District shall exercise powers and duties that would afford significant autonomy but are bound by the governance of the State Board of Education.
    1. Each public school or district in the state which, during each of two (2) consecutive school years or during two (2) of three (3) consecutive school years, receives an “F” designation by the State Board of Education under the accountability rating system or has been persistently failing as defined by the State Board of Education may be absorbed into and become a part of the Mississippi Achievement School District. All eligible public schools and districts shall be prioritized by the Mississippi Achievement School District according to criteria set by the Mississippi Achievement School District and publicized prior to the annual release of accountability rating data. The Mississippi Achievement School District shall takeover only the number of schools and districts for which it has the capacity to serve. The transfer of the school’s/district’s governance from the local school district to the Mississippi Achievement School District shall take effect upon the approval of the State Board of Education unless, in the sole determination of the Mississippi Achievement School District, the transition may be more smoothly accomplished through a gradual transfer of control. If the Mississippi Achievement School District elects not to assume complete control of a school or district immediately after that school receives an “F” designation during each of two (2) consecutive school years or during two (2) of the three (3) consecutive school years, the State Board of Education shall prescribe the process and timetable by which the school or district shall be absorbed; however, in no event may the transfer of the school or district to the Mississippi Achievement School District be completed later than the beginning of the school year next succeeding the year during which the school or district receives the “F” designation. School districts that are eligible to be absorbed by the Achievement School District, but are not absorbed due to the capacity of the Achievement School District, shall develop and implement a district improvement plan with prescriptive guidance and support from the Mississippi Department of Education, with the goal of helping the district improve student achievement. Failure of the school board, superintendent and school district staff to implement the plan with fidelity and participate in the activities provided as support by the department shall result in the school district retaining its eligibility for the Mississippi Achievement School District.
    2. The State Board of Education shall adopt rules and regulations governing the operation of the Mississippi Achievement School District.
    3. Designations assigned to schools or districts under the accountability rating system by the State Board of Education before the 2015-2016 school year may not be considered in determining whether a particular school or district is subject to being absorbed by the Mississippi Achievement School District. During the 2017-2018 school year, any school or district receiving an “F” designation after also being designated an “F” school or district in the 2015-2016 and 2016-2017 school years may be absorbed immediately by the Mississippi Achievement School District, upon approval of the State Board of Education.
    4. The school district from which an “F” school or district is being absorbed must cooperate fully with the Mississippi Achievement School District and the State Board of Education in order to provide as smooth a transition as possible in the school’s/district’s governance and operations for the students enrolled in the school or district. Upon completion of the transfer of a school or district to the Mississippi Achievement School District, the school or district shall be governed by the rules, regulations, policies and procedures established by the State Board of Education specifically for the Mississippi Achievement School District, and the school or district shall no longer be under the purview of the school board of the local school district. In the event of the transfer of governance and operations of a school district, the State Board of Education shall abolish the district as prescribed in Section 37-17-13.
    5. Upon the transfer of the school or school district to the Mississippi Achievement School District, the individual appointed by the State Board of Education to serve as superintendent for the Mississippi Achievement School District shall be responsible for the administration, management and operation of the school or school district, including the following activities: (i) approving or denying all financial obligations of the school or school district; (ii) approving or denying the employment, termination, nonrenewal and reassignment of all licensed and nonlicensed personnel; (iii) approving or denying contractual agreements and purchase orders; (iv) approving or denying all claim dockets and the issuance of checks; (v) supervising the day-to-day activities of the school or school district’s staff in a manner which in the determination of the Mississippi Achievement School District will best suit the needs of the school or school district; (vi) approving or denying all athletic, band and other extracurricular activities and any matters related to those activities; (vii) honoring any reasonable financial commitment of the district being absorbed; and (viii) reporting periodically to the State Board of Education on the progress or lack of progress being made in the school or school district to improve the school or school district’s impairments.
    6. Upon attaining and maintaining a school or district accountability rating of “C” or better under the State Department of Education’s accountability rating system for five (5) consecutive years, the State Board of Education may decide to revert the absorbed school or district back to local governance, provided the school or school(s) in question are not conversion charter schools. “Local governance” may include a traditional school board model of governance or other new form of governance such as mayoral control, or other type of governance. The State Board of Education shall determine the best form of local governance and school board composition after soliciting the input of local citizens and shall outline a process for establishing the type of governance selected. The manner and timeline for reverting a school or district back to local control shall be at the discretion of the State School Board, but in no case shall it exceed five (5) years.
  6. The Superintendent of the Mississippi Achievement School District shall hire those persons to be employed as principals, teachers and noninstructional personnel in schools or districts absorbed into the Mississippi Achievement School District. Only highly qualified individuals having a demonstrable record of success may be selected by the superintendent for such positions in the Mississippi Achievement School District. The superintendent may choose to continue the employment of any person employed in an “F” rated school when the school or district is absorbed into the Mississippi Achievement School District; alternatively, the superintendent may elect not to offer continued employment to a person formerly employed at a school or district that is absorbed into the Mississippi Achievement School District. Any persons employed by the Mississippi Achievement School District shall not be subject to Sections 37-9-101 through 37-9-113.
    1. The Mississippi Achievement School District may use a school building and all facilities and property that is a part of a school and recognized as part of the facilities or assets of the school before it is absorbed into the Mississippi Achievement School District. In addition, the Mississippi Achievement School District shall have access to those additional facilities that typically were available to that school or district, its students, faculty and staff before its absorption by the Mississippi Achievement School District. Use of facilities by a school or district in the Mississippi Achievement School District must be unrestricted and free of charge. However, the Mississippi Achievement School District shall be responsible for providing routine maintenance and repairs necessary to maintain the facilities in as good a condition as when the right of use was acquired by the Mississippi Achievement School District. The Mississippi Achievement School District shall be responsible for paying all utilities at the facilities used for the absorbed school. Any fixtures, improvements and tangible assets added to a school building or facility by the Mississippi Achievement School District must remain at the school or district building or facility if the school or district is returned to local governance.
    2. The State Board of Education shall include in the rules and regulations adopted pursuant to subsection (5) of this section specific provisions addressing the rights and responsibilities of the Mississippi Achievement School District relating to the real and personal property of a school or district that is absorbed into the Mississippi Achievement School District.
    1. The Mississippi Achievement School District shall certify annually to the State Board of Education in which a Mississippi Achievement School District school or district is located the number of students residing in the school district which are enrolled in that school or district.
    2. Whenever an increase in funding is requested by the school board for the support of schools within a particular school district absorbed into the Mississippi Achievement School District, the State Board of Education and the superintendent for the Mississippi Achievement School District shall hold a public meeting in the local municipality having jurisdiction of the absorbed school district to allow input of local residents on the matter, and subsequent to the conclusion of such meeting, the board of the Mississippi Achievement School District shall submit its request for ad valorem increase in dollars to the local governing authority having jurisdiction over the absorbed school district for approval of the request for increase in ad valorem tax effort. In a district in which a school or schools but not the entire district is absorbed into the Mississippi Achievement School District, the local school district shall pay directly to the Mississippi Achievement School District an amount for each student enrolled in that school equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the Mississippi Achievement School District shall include all levies for the support of the local school district under Sections 37-57-1 (local contribution to the education funding program) and 37-57-105 (school district operational levy) and may not include any taxes levied for the retirement of the local school district’s bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs, unless the school or schools absorbed include a high school at which vocational-technical education programs are offered. In no event may the payment exceed the pro rata amount of the local ad valorem payment to the education funding program under Section 37-57-1 for the school district in which the student resides. Payments made under this section by a school district to the Mississippi Achievement School District must be made before the expiration of three (3) business days after the funds are distributed to the local school district by the tax collector.
    3. If an entire school district is absorbed into the Mississippi Achievement School District, the tax collector shall pay the amounts as described in paragraph (b) of this subsection, with the exception that all funds should transfer, including taxes levied for the retirement of the local school district’s bonded indebtedness or short-term notes and any taxes levied for the support of vocational-technical education programs. The Mississippi Achievement School District shall pay funds raised to retire the district’s debts to the appropriate creditors on behalf of the former district.
    1. The State Department of Education shall make payments to the Mississippi Achievement School District for each student in average daily membership at a Mississippi Achievement School District school equal to the state share of the education funding program payments for each student in average daily attendance at the local school district or former local school district in which that school is located. In calculating the local contribution for purposes of determining the state share of the education funding program payments, the department shall deduct the pro rata local contribution of the school district or former school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
    2. Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as education funding program payments are made to all other school districts under Sections 37-151-101 and 37-151-103. Amounts payable to the Mississippi Achievement School District must be determined by the State Department of Education in the same manner that such amounts are calculated for all other school districts under the education funding program.
  10. The Mississippi Achievement School District shall be considered a local educational agency for the same purposes and to the same extent that all other school districts in the state are deemed local educational agencies under applicable federal laws.
  11. The Mississippi Achievement School District may receive donations or grants from any public or private source, including any federal funding that may be available to the school district or individual schools within the Mississippi Achievement School District.
  12. The Legislature may appropriate sufficient funding to the State Department of Education for the 2017 fiscal year for the specific purpose of funding the start-up, operational and any other required costs of the Mississippi Achievement School District during the 2017-2018 school year.

HISTORY: Laws, 2016, ch. 486, § 1; Laws, 2017, ch. 439, § 3, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “Mississippi” preceding “Achievement School District” in the second sentence of (4), in the second and third sentences of (5)(a), the second time it appears in the next-to-last sentence of (5)(d), in the last sentence of (6), the first time it appears in the first and second sentences of (8)(b), and in the first sentence of (8)(c); in (5), in (a), inserted “school” following “three (3) consecutive,” and added the last two sentences, and in (d), added the last sentences; and corrected a typographical error in (9)(a).

Chapter 18. Superior-Performing, Exemplary and School At-Risk Schools Programs

§ 37-18-1. Superior-Performing and Exemplary Schools Programs; designation as Superior-Performing, Exemplary, or School At-Risk School; growth expectations and proficiency measurements; monetary incentives; special recognition for schools receiving Superior-Performing or Exemplary School designation.

  1. The State Board of Education shall establish, design and implement a Superior-Performing Schools Program and an Exemplary Schools Program for identifying and rewarding public schools, including charter schools, that improve. The State Board of Education shall develop rules and regulations for the program, establish criteria and establish a process through which Superior-Performing and Exemplary Schools will be identified and rewarded. Upon full implementation of the statewide testing program, Superior-Performing, Exemplary or School At-Risk designation shall be made by the State Board of Education in accordance with the following:
    1. A growth expectation will be established by testing students annually and, using a psychometrically approved formula, by tracking their progress. This growth expectation will result in a composite score each year for each school.
    2. A determination will be made as to the percentage of students proficient in each school. This measurement will define what a student must know in order to be deemed proficient at each grade level and will clearly show how well a student is performing. The definition of proficiency shall be developed for each grade, based on a demonstrated range of performance in relation to content as reflected in the Mississippi Curriculum Frameworks. This range of performance must be established through a formal procedure including educators, parents, community leaders and other stakeholders.
    3. A school has the following two (2) methods for designation as either a Superior-Performing or an Exemplary School, to be determined on an annual basis:
      1. A school exceeds its growth expectation by a percentage established by the State Board of Education; or
      2. A school achieves the grade level proficiency standard established by the State Board of Education.

      Any school designated as a School At-Risk which exceeds its growth expectation by a percentage established by the State Board of Education shall no longer be considered a School At-Risk and shall be eligible for monetary awards under this section.

  2. Superior-Performing and Exemplary Schools may apply to the State Board of Education for monetary incentives to be used for selected school needs, as identified by a vote of all licensed and instructional personnel employed at the school. These incentive funds may be used for specific school needs, including, but not limited to:
    1. Funding for professional development activities. Staff participating in such activities will report to the school and school district or, in the case of a charter school, the governing board of the school about the benefits and lessons learned from such training;
    2. Technology needs;
    3. Sabbaticals for teachers or administrators, or both, to pursue additional professional development or educational enrichment;
    4. Paid professional leave;
    5. Training for parents, including, but not limited to, the following:
      1. Curriculum;
      2. Chapter 1;
      3. Special need students;
      4. Student rights and responsibility;
      5. School and community relations;
      6. Effective parenting.

      All funds awarded under this subsection shall be subject to specific appropriation therefor by the Legislature.

  3. The State Board of Education shall provide special recognition to all schools receiving Superior-Performing or Exemplary designation and, in the case of noncharter public schools, their school districts. Examples of such recognition include, but are not limited to: public announcements and events; special recognition of student progress and effort; certificates of recognition and plaques for teachers, principals, superintendents, support and classified personnel and parents; and media announcements utilizing the services of Mississippi Educational Television.
  4. The State Department of Education may benefit from the use of growth expectation measurements under this section in making evaluations under Section 37-19-9.

HISTORY: Laws, 2000, ch. 533, § 1; Laws, 2000, ch. 610, §§ 1, 7; Laws, 2008, ch. 462, § 1; Laws, 2013, ch. 494, § 6; Laws, 2013, ch. 497, § 69, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Section 6 of ch. 494, Laws of 2013, effective July 1, 2013 (approved April 17, 2013), amended this section. Section 69 of ch. 497, Laws of 2013, effective July 1, 2013 (approved April 17, 2013), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Editor’s Notes —

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the version of this section enacted by Laws of 2000, ch. 533, § 1. This section is set out above as enacted by Laws of 2000, ch. 610, § 1.

Laws of 2013, ch. 494, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Education Works Program.’ ”

Chapter 494, Laws of 2013, amended Sections 37-3-53, 37-16-7, 37-18-1 and 37-19-7 and enacted Sections 37-19-9 and 37-106-37.

Amendment Notes —

The 2008 amendment, in (1), inserted “School At-Risk” once in the last sentence of the introductory paragraph and twice in the last paragraph.

The 2013 amendment (ch. 494), added (4).

The 2013 amendment (ch. 497), inserted “including charter schools” in the first sentence of (1); in (2)(a), inserted “or, in the case of a charter school, the governing board of the school”; and inserted “in the case of noncharter public schools” in the first sentence of (3).

Cross References —

Statewide testing program, see §§37-16-1 et seq.

Accreditation of schools, see §§37-17-1 et seq.

Teacher Opportunity Program, see §37-19-7.

Applicability of the provisions of this section to charter schools, see §37-28-45.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-18-3. School At-Risk designation for schools deficient in educating students; appropriation of adequate funds to provide assistance; evaluation team and report.

  1. Upon full implementation of the statewide testing programs developed by the State Board of Education pursuant to Chapter 16, Title 37, Mississippi Code of 1972, not later than December 31, 2002, the board shall establish for those individual schools failing to meet accreditation standards established under this chapter for Schools At-Risk, a program of development to be complied with in order to receive state funds. The Legislature shall, subject to the availability of funds, annually appropriate adequate funds to implement the provisions of this chapter. The State Board of Education may, in its discretion, assess local school districts for the costs of implementing the provisions of this chapter.
  2. Following a thorough analysis of school data each year, the State Department of Education shall identify those schools that are deficient in educating students and are in need of improvement. This analysis shall measure the individual school performance by determining if a school met its assigned yearly growth expectation and by determining what percentage of the students in the school are proficient. A school shall be identified as a School At-Risk and in need of assistance if the school: (a) does not meet its growth expectation and has a percentage of students functioning below grade level, as designated by the State Board of Education; (b) is designated as a Level 1 school, or other future comparable performance designation by the State Board of Education; or (c) is designated as a Level 2 school, or other future comparable performance designation by the State Board of Education, for two (2) consecutive years.
  3. Within fifteen (15) days after a School At-Risk has been identified, written notice shall be sent by the State Board of Education by certified mail to both the school principal and the local board of education. Within fifteen (15) days after notification the State Board of Education shall assign an evaluation team to the school, subject to the availability of funding. The evaluation team shall be independent of the school being evaluated and may include employees of the State Department of Education. The team may include retired educators who have met certain standards and have completed all necessary training.
  4. An approved evaluation team shall have the following powers and duties:
    1. The evaluation team may request any financial documentation that it deems necessary, and the School At-Risk, with the assistance and cooperation of the school district central office, shall submit such requested financial information to the evaluation team.
    2. The evaluation team shall analyze the School At-Risk data to determine probable areas of weakness before conducting an on-site audit. The evaluation team shall proceed to conduct an on-site audit and shall prepare an evaluation report. If necessary, the evaluation team may request additional individuals in specialty areas to participate as team members in preparing the evaluation. After completing the evaluation of the School At-Risk, the team shall prepare and adopt its school evaluation report, which shall be submitted to the State Superintendent of Public Education for approval within ninety (90) calendar days. The school evaluation report shall identify any personnel who were found by the evaluation team to be in need of improvement and need to participate in a professional development plan. Evaluation instruments used to evaluate teachers, principals, superintendents or any other certified or classified personnel will be instruments which have been validated for such purposes.
  5. Following the approval of the evaluation report by the State Superintendent of Public Education, a representative of the State Superintendent of Public Education and the evaluation team leader shall present the evaluation report to the principal of the School At-Risk and to the superintendent and school board members of the local school district. Following this presentation, the evaluation report shall be presented to the community served by the School At-Risk at an advertised public meeting.

HISTORY: Laws, 2000, ch. 533, § 2; Laws, 2000, ch. 610, §§ 2, 7; Laws, 2008, ch. 462, § 2; Laws, 2010, ch. 488, § 2; Laws, 2011, ch. 515, § 2, eff from and after July 2, 2011.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error near the beginning of (4)(b). The word “School’s” was changed to “School” so that “shall analyze the School’s At-Risk data” reads “shall analyze the School At-Risk data.” The Joint Committee ratified the correction at its August 5, 2008, meeting.

Editor’s Notes —

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the version of this section enacted by Laws of 2000, ch. 533, § 2. This section is set out above as enacted by Laws of 2000, ch. 610, § 2.

Amendment Notes —

The 2008 amendment, in (1), inserted “for Schools At-Risk” near the end of the first sentence, and added the last two sentences; rewrote the last sentence of (2); and substituted “School At-Risk” for “Priority School” in (3), (4) and (5).

The 2010 amendment rewrote (3); and made a minor stylistic change.

The 2011 amendment added “subject to the availability of funding” to the end of the second sentence of (3); substituted “ninety (90)” for “forty-five (45)” in the fourth sentence of (4)(b); and inserted “Public” preceding “Education and the evaluation team” in the first sentence of (5).

Cross References —

State superintendent of public education, see §§37-3-9,37-3-11.

Plan to encourage community involvement in schools, see §37-7-337.

Curriculum generally, see §§37-13-1 et seq.

Statewide testing program, see §§37-16-1 et seq.

Accreditation of schools, see §§37-17-1 et seq.

School improvement plan, see §37-18-5.

§ 37-18-5. School improvement plan; assistance team; community-based prekindergarten through higher education council.

  1. Based on the findings of the evaluation report and the results of the public meeting, the State Department of Education and the evaluation team leader shall assist the school principal and other local school officials in the development of a school improvement plan to improve its deficiencies.
  2. The school improvement plan shall be developed and approved by the principal of the School At-Risk, the superintendent of the local school district, the local school board and a majority of the teachers of the school, within a time period to be determined by the evaluation team. If the plan is not approved, the State Board of Education may approve and implement the plan in the school.
  3. The State Department of Education shall provide technical assistance and shall assist in identifying funding to the School At-Risk in the implementation of the school improvement plan, including the implementation of any recommended professional development plan, and the department may contract with the institutions of higher learning to provide such technical assistance. The assistance team shall collaborate with school and school district employees in the implementation and monitoring of the school improvement plan and the State Department of Education shall ensure that a report is issued monthly to the local school board and the local community-based advisory council.
  4. A school district that has been designated as failing as defined by the State Board of Education or a district with a School At-Risk shall also establish a community-based prekindergarten through higher education council comprised of a broad spectrum of the community, including economic developers, elected officials, civic leaders, business leaders, faith-based leaders, social services, nonprofit organizations, school attendance officers, law enforcement officials, health department officials, day care providers, librarians, parents and others with the knowledge and resources that can be leveraged to build strong communities. The State Board of Education shall develop procedures for appointments to the council, which shall not be appointed solely by the school board. The council will serve as a community-led group that is inclusive, accountable and required to publicly report progress to the community as a whole.

HISTORY: Laws, 2000, ch. 533, § 3; Laws, 2000, ch. 610, §§ 3, 7; Laws, 2008, ch. 462, § 3; Laws, 2009, ch. 516, § 9; Laws, 2011, ch. 515, § 3, eff from and after July 2, 2011.

Editor’s Notes —

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the version of this section enacted by Laws of 2000, ch. 533, § 3. This section is set out above as enacted by Laws of 2000, ch. 610, § 3.

Laws of 2009, ch. 516 § 1 provides:

“SECTION 1. This act shall be entitled and may be cited as the “Children First Act of 2009.”

Amendment Notes —

The 2008 amendment substituted “School At-Risk” for “Priority School” in the first sentences of (2) and (3).

The 2009 amendment added (4).

The 2011 amendment rewrote (1); substituted “community-based advisory council” for “parents/citizens advisory council” in the last sentence of (3); and inserted “or a district with a School At-Risk” following “State Board of Education” in the first sentence of (4).

Cross References —

Accreditation of schools, see §§37-17-1 et seq.

Evaluation team and report, see §37-18-3.

Professional development plan, see §37-18-7.

§ 37-18-7. Professional development plan for educators identified as needing improvement; declaration of state of emergency in school district under certain circumstances.

  1. As part of the school improvement plan for a School At-Risk, a professional development plan shall be prepared for those school administrators, teachers or other employees who are identified by the evaluation team as needing improvement. The State Department of Education shall assist the School At-Risk in identifying funds necessary to fully implement the school improvement plan.
  2. In the event a school continues to be designated a School At-Risk after three (3) years of implementing a school improvement plan, or in the event that more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year, the State Board of Education may request that the Governor declare a state of emergency in that school district. Upon the declaration of the state of emergency by the Governor, the State Board of Education may take all such action for dealing with school districts as is authorized under subsection (11) or (14) of Section 37-17-6, including the appointment of an interim superintendent.

HISTORY: Laws, 2000, ch. 533, § 4; Laws, 2000, ch. 610, §§ 4, 7; Laws, 2007, ch. 518, § 3; Laws, 2008, ch. 462, § 4; Laws, 2011, ch. 442, § 15; Laws, 2011, ch. 515, § 4; Laws, 2017, ch. 439, § 4, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in (7) and (8). In (7), the words “classified as a Priority Schools” were changed to “classified as Priority Schools.” In (8), the words “made available for review by teachers, administrator and other staff” were changed to “made available for review by teachers, administrators and other staff.” The Joint Committee ratified the corrections at its May 16, 2002 meeting.

Section 15 of ch. 442, Laws of 2011, effective from and after July 1, 2011 (approved March 23, 2011), amended this section. Section 4 of ch. 515, Laws of 2011, effective July 2, 2011 (approved April 26, 2011), also amended this section. As set out above, this section reflects the language of Section 4 of ch. 515, Laws of 2011, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 2000, ch. 610, § 7, provides:

“SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular Session [Laws of 2000, ch. 533], which established an incentive grant program for improving schools and an accountability program for low-performing schools, are hereby repealed.”

The repeal had the effect of repealing the version of this section enacted by Laws of 2000, ch. 533, § 4. This section is set out above as enacted by Laws of 2000, ch. 610, § 4.

The United States Attorney General, by letter dated December 1, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2000, ch. 610, § 4.

Laws of 1999, ch. 421 referred to in this section is the Mississippi Student Achievement Improvement Act of 1999. For a complete list of Code Sections Affected by Laws of 1999, ch. 421, see Table B, Allocation of Acts, in the Statutory Tables Volume.

For a complete list of Code Sections affected by Laws of 2000, ch. 610, see Table B, Allocation of Acts, in the Statutory Tables Volume.

Laws of 2007, ch. 518, §§ 4 and 5 provide:

“SECTION 4. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 5. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.”

Amendment Notes —

The 2007 amendment, in the version of the section effective from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, in (4)(c)(i) and (5)(a), deleted “at least sixty (60) days before the next regular special election” following “to the county election commission,” substituted “a special election” for “the next regular special election,” and added “and such special election shall be held within sixty (60) days from notification by the State Board of Education”; and deleted “regular” following “recalled in the” in the second sentence of the last paragraph of (5)(a).

The 2008 amendment substituted “School At-Risk” and “Schools At-Risk” for “Priority School” and “Priority Schools” throughout the section; and substituted “Chapter 421, Laws of 1999 and Chapter 610, Laws of 2000” for “Laws, 1999, Chapter 421, and Laws, 2000, Chapter 610” in (9)(f).

The first 2011 amendment (ch. 442) deleted former (7), pertaining to semiannual reports identifying Schools At-Risk; redesignated former (8) as (7); and deleted former (9), pertaining to the annual report to Legislative and public by the State Board of Education as to Schools At-Risk.

The second 2011 amendment (ch. 515), deleted former (2) through (5) pertaining to principals in need of improvement, teachers in need of professional development, school districts with central office problems, and declarations by governor that school board is subject to recall; redesignated former (6) as (2); and deleted former (7) through (9) pertaining to semiannual reports identifying Schools At-Risk, staff development training, and annual report to Legislature.

The 2017 amendment substituted “interim superintendent” for “interim conservator” at the end of the section.

Cross References —

Training and education requirements for school board members, see §37-7-306.

Statewide testing program, see §§37-16-1 et seq.

Accreditation of schools, see §§37-17-1 et seq.

School improvement plan, see §37-18-5.

Schedule of teachers’ salaries, see §37-19-7.

Chapter 19. Teacher Compensation

§§ 37-19-1 through 37-19-5. Repealed.

Repealed by Laws, 1997, ch. 612, § 30 effective July 1, 2002.

§31-19-1. [Codes, 1942, § 6248-01; Laws, 1953, Ex Sess ch. 14, § 1; Laws, 1958, ch. 306, § 1; Laws, 1960, ch. 295, § 1; Laws, 1968, ch. 392, § 1; Laws, 1970, ch. 367, § 1; Laws, 1971, ch. 363, § 1; Laws, 1977, ch. 486, § 1; Laws, 1978, ch. 513, § 2; Laws, 1986, ch. 492, § 98; Laws, 1988, ch. 464, § 2; Laws, 1988, ch. 487, § 4; Laws, 1989, ch. 374, § 1; Laws, 1989, ch. 437, § 1; Laws, 1989, ch. 585, § 1; Laws, 1991, ch. 534, § 3; Laws, 1997, ch. 545, § 24; repealed, Laws, 1997, ch. 612, § 30; Laws, 2000, ch. 433, § 1, eff from and after July 1, 2000.]

§37-19-3. [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1977, ch. 486, § 2; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-5. [ Codes, 1942, §§ 6248-01, 6248-02, 6248-08; Laws, 1953, Ex Sess ch. 14, §§ 1, 2, 8; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, §§ 1, 2; Laws, 1960, ch. 295, §§ 1, 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, §§ 1, 2; Laws, 1970, ch. 367, §§ 1, 2; Laws, 1971, ch. 363, §§ 1, 2; Laws, 1972, ch. 503, § 1; Laws, 1975, ch. 322, § 1; Laws, 1977, ch. 486, § 3; Laws, 1978, ch. 513, § 3; Laws, 1982, ch. 493, § 7; Laws, 1984, ch. 500; Laws, 1986, ch. 492, § 99; Laws, 1988, ch. 487, § 5; Laws, 1989, ch. 580, § 1; Laws, 1991, ch. 415, § 3; Laws, 1991, ch. 534, § 4; Laws, 1992, ch. 519, § 7; Laws, 1993, ch. 602, § 4; Laws, 1994, ch. 472, § 1; Laws, 1994, ch. 477, § 2; Laws, 1994, ch. 581, § 53; Laws, 1996, ch. 358, § 1; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

Editor’s Notes —

Former §37-19-1 provided definitions applicable to Chapter 19 of Title 37.

Former §37-19-3 provided that the total cost of the minimum education program shall be the sum of the amounts provided for in sections37-19-5 through37-19-33.

Former §37-19-5 provided for the determination of teacher units.

§ 37-19-7. Scale of teachers’ salaries; experience increases; salary supplement for certain school employees [Effective until July 1, 2019].

  1. The allowance in the Mississippi Adequate Education Program for teachers’ salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers’ salaries as provided in this subsection. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, and the following number of years of teaching experience, the scale shall be as follows:

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    It is the intent of the Legislature that any state funds made available for salaries of licensed personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to licensed personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system.

    All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

    The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher’s license issued to those teachers on or before October 1 of the current school year. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided above in Section 37-19-7 shall not be applicable to any such retired certificated employee.

    1. The following employees shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
      1. Any licensed teacher who has met the requirements and acquired a Master Teacher certificate from the National Board for Professional Teaching Standards and who is employed by a local school board or the State Board of Education as a teacher and not as an administrator. Such teacher shall submit documentation to the State Department of Education that the certificate was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the teacher shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
      2. A licensed nurse who has met the requirements and acquired a certificate from the National Board for Certification of School Nurses, Inc., and who is employed by a local school board or the State Board of Education as a school nurse and not as an administrator. The licensed school nurse shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school nurse shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. Provided, however, that the total number of licensed school nurses eligible for a salary supplement under this subparagraph (ii) shall not exceed thirty-five (35).
      3. Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, any school counselor who started the National Board for Professional Teaching Standards process for school counselors between June 1, 2003, and June 30, 2004, and completes the requirements and acquires the Master Teacher certificate shall be entitled to the master teacher supplement, and those counselors who complete the process shall be entitled to a one-time reimbursement for the actual cost of the process as outlined in paragraph (b) of this subsection.
      4. Any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and who is employed by a local school board or is employed by a state agency under the State Personnel Board. The licensed speech-language pathologist and audiologist and certified academic language therapist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist and certified academic language therapist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the total number of certified academic language therapists eligible for a salary supplement under this paragraph (iv) shall not exceed twenty (20).
    2. An employee shall be reimbursed for the actual cost of completing each component of acquiring the certificate or endorsement, excluding any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars ($500.00) for each component, not to exceed four (4) components, for a teacher, school counselor or speech-language pathologist and audiologist, regardless of whether or not the process resulted in the award of the certificate or endorsement. A local school district or any private individual or entity may pay the cost of completing the process of acquiring the certificate or endorsement for any employee of the school district described under paragraph (a), and the State Department of Education shall reimburse the school district for such cost, regardless of whether or not the process resulted in the award of the certificate or endorsement. If a private individual or entity has paid the cost of completing the process of acquiring the certificate or endorsement for an employee, the local school district may agree to directly reimburse the individual or entity for such cost on behalf of the employee.
    3. All salary supplements, fringe benefits and process reimbursement authorized under this subsection shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any employee receiving such salary supplement, and the employee shall receive any local supplement to which employees with similar training and experience otherwise are entitled. However, an educational employee shall receive the salary supplement in the amount of Six Thousand Dollars ($6,000.00) for only one (1) of the qualifying certifications authorized under paragraph (a) of this subsection. No school district shall provide more than one (1) annual salary supplement under the provisions of this subsection to any one individual employee holding multiple qualifying national certifications.
    4. If an employee for whom such cost has been paid, in full or in part, by a local school district or private individual or entity fails to complete the certification or endorsement process, the employee shall be liable to the school district or individual or entity for all amounts paid by the school district or individual or entity on behalf of that employee toward his or her certificate or endorsement.
  3. The following employees shall receive an annual salary supplement in the amount of Four Thousand Dollars ($4,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:

    Effective July 1, 2016, if funds are available for that purpose, any licensed teacher who has met the requirements and acquired a Master Teacher Certificate from the National Board for Professional Teaching Standards and who is employed in a public school district located in one (1) of the following counties:Claiborne, Adams, Jefferson, Wilkinson, Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, Sunflower and Washington.The salary supplement awarded under the provisions of this subsection (3) shall be in addition to the salary supplement awarded under the provisions of subsection (2) of this section.

    Teachers who meet the qualifications for a salary supplement under this subsection (3) who are assigned for less than one (1) full year or less than full time for the school year shall receive the salary supplement in a prorated manner, with the portion of the teacher’s assignment to the critical geographic area to be determined as of June 15th of the school year.

    1. This section shall be known and may be cited as the “Mississippi Performance-Based Pay (MPBP)” plan. In addition to the minimum base pay described in this section, only after full funding of MAEP and if funds are available for that purpose, the State of Mississippi may provide monies from state funds to school districts for the purposes of rewarding certified teachers, administrators and nonlicensed personnel at individual schools showing improvement in student test scores. The MPBP plan shall be developed by the State Department of Education based on the following criteria:
      1. It is the express intent of this legislation that the MPBP plan shall utilize only existing standards of accreditation and assessment as established by the State Board of Education.
      2. To ensure that all of Mississippi’s teachers, administrators and nonlicensed personnel at all schools have equal access to the monies set aside in this section, the MPBP program shall be designed to calculate each school’s performance as determined by the school’s increase in scores from the prior school year. The MPBP program shall be based on a standardized scores rating where all levels of schools can be judged in a statistically fair and reasonable way upon implementation. At the end of each year, after all student achievement scores have been standardized, the State Department of Education shall implement the MPBP plan.
      3. To ensure all teachers cooperate in the spirit of teamwork, individual schools shall submit a plan to the local school district to be approved before the beginning of each school year beginning July 1, 2008. The plan shall include, but not be limited to, how all teachers, regardless of subject area, and administrators will be responsible for improving student achievement for their individual school.
    2. The State Board of Education shall develop the processes and procedures for designating schools eligible to participate in the MPBP. State assessment results, growth in student achievement at individual schools and other measures deemed appropriate in designating successful student achievement shall be used in establishing MPBP criteria. The State Board of Education shall develop the MPBP policies and procedures and report to the Legislature and Governor by December 1, 2006.
    1. Beginning in the 2008-2009 school year, if funds are available for that purpose, each school in Mississippi shall have mentor teachers, as defined by Sections 37-9-201 through 37-9-213, who shall receive additional base compensation provided for by the State Legislature in the amount of One Thousand Dollars ($1,000.00) per each beginning teacher that is being mentored. The additional state compensation shall be limited to those mentor teachers that provide mentoring services to beginning teachers. For the purposes of such funding, a beginning teacher shall be defined as any teacher in any school in Mississippi that has less than one (1) year of classroom experience teaching in a public school. For the purposes of such funding, no full-time academic teacher shall mentor more than two (2) beginning teachers.
    2. To be eligible for this state funding, the individual school must have a classroom management program approved by the local school board.
  6. Effective with the 2014-2015 school year, the school districts participating in the Pilot Performance-Based Compensation System pursuant to Section 37-19-9 may award additional teacher and administrator pay based thereon.

2014-2015 MINIMUM SALARY SCHEDULE Years Exp. AAAA AAA AA A 0 38,108.00 36,944.00 35,780.00 33,390.00 1 38,108.00 36,944.00 35,780.00 33,390.00 2 38,108.00 36,944.00 35,780.00 33,390.00 3 38,902.00 37,671.00 36,440.00 33,885.00 4 39,696.00 38,398.00 37,100.00 34,380.00 5 40,490.00 39,125.00 37,760.00 34,875.00 6 41,284.00 39,852.00 38,420.00 35,370.00 7 42,078.00 40,579.00 39,080.00 35,865.00 8 42,872.00 41,306.00 39,740.00 36,360.00 9 43,666.00 42,033.00 40,400.00 36,855.00 10 44,460.00 42,760.00 41,060.00 37,350.00 11 45,254.00 43,487.00 41,720.00 37,845.00 12 46,048.00 44,214.00 42,380.00 38,340.00 13 46,842.00 44,941.00 43,040.00 38,835.00 14 47,636.00 45,668.00 43,700.00 39,330.00 15 48,430.00 46,395.00 44,360.00 39,825.00 16 49,224.00 47,122.00 45,020.00 40,320.00 17 50,018.00 47,849.00 45,680.00 40,815.00 18 50,812.00 48,576.00 46,340.00 41,310.00 19 51,606.00 49,303.00 47,000.00 41,805.00 20 52,400.00 50,030.00 47,660.00 42,300.00 21 53,194.00 50,757.00 48,320.00 42,795.00 22 53,988.00 51,484.00 48,980.00 43,290.00 23 54,782.00 52,211.00 49,640.00 43,785.00 24 55,576.00 52,938.00 50,300.00 44,280.00 25 58,430.00 55,725.00 53,020.00 46,835.00 26 59,224.00 56,452.00 53,680.00 47,330.00 27 60,018.00 57,179.00 54,340.00 47,825.00 28 60,812.00 57,906.00 55,000.00 48,320.00 29 61,606.00 58,633.00 55,660.00 48,815.00 30 62,400.00 59,360.00 56,320.00 49,310.00 31 63,194.00 60,087.00 56,980.00 49,805.00 32 63,988.00 60,814.00 57,640.00 50,300.00 33 64,782.00 61,541.00 58,300.00 50,795.00 34 65,576.00 62,268.00 58,960.00 51,290.00 35 & above 66,370.00 62,995.00 59,620.00 51,785.00

2015-2016 MINIMUM SALARY SCHEDULE Years Exp. AAAA AAA AA A 0 39,108.00 37,944.00 36,780.00 34,390.00 1 39,108.00 37,944.00 36,780.00 34,390.00 2 39,108.00 37,944.00 36,780.00 34,390.00 3 39,902.00 38,671.00 37,440.00 34,885.00 4 40,696.00 39,398.00 38,100.00 35,380.00 5 41,490.00 40,125.00 38,760.00 35,875.00 6 42,284.00 40,852.00 39,420.00 36,370.00 7 43,078.00 41,579.00 40,080.00 36,865.00 8 43,872.00 42,306.00 40,740.00 37,360.00 9 44,666.00 43,033.00 41,400.00 37,855.00 10 45,460.00 43,760.00 42,060.00 38,350.00 11 46,254.00 44,487.00 42,720.00 38,845.00 12 47,048.00 45,214.00 43,380.00 39,340.00 13 47,842.00 45,941.00 44,040.00 39,835.00 14 48,636.00 46,668.00 44,700.00 40,330.00 15 49,430.00 47,395.00 45,360.00 40,825.00 16 50,224.00 48,122.00 46,020.00 41,320.00 17 51,018.00 48,849.00 46,680.00 41,815.00 18 51,812.00 49,576.00 47,340.00 42,310.00 19 52,606.00 50,303.00 48,000.00 42,805.00 20 53,400.00 51,030.00 48,660.00 43,300.00 21 54,194.00 51,757.00 49,320.00 43,795.00 22 54,988.00 52,484.00 49,980.00 44,290.00 23 55,782.00 53,211.00 50,640.00 44,785.00 24 56,576.00 53,938.00 51,300.00 45,280.00 25 59,430.00 56,725.00 54,020.00 47,835.00 26 60,224.00 57,452.00 54,680.00 48,330.00 27 61,018.00 58,179.00 55,340.00 48,825.00 28 61,812.00 58,906.00 56,000.00 49,320.00 29 62,606.00 59,633.00 56,660.00 49,815.00 30 63,400.00 60,360.00 57,320.00 50.310.00 31 64,194.00 61,087.00 57,980.00 50,805.00 32 64,988.00 61,814.00 58,640.00 51,300.00 33 65,782.00 62,541.00 59,300.00 51,795.00 34 66,576.00 63,268.00 59,960.00 52,290.00 35 & above 67,370.00 63,995.00 60,620.00 52,785.00

HISTORY: Former 1972 Code §37-19-7 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 1; Laws, 1975, ch. 322, § 2] recodified as §37-19-21 by Laws, 1977, ch. 486, § 11. Former 1972 Code §37-19-5, subsections (2) and (5) [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960 ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20, § 1; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 1; Laws, 1971, ch. 363, § 2] amended and codified as §37-19-7 by 1977, ch. 486, § 4; Laws, 1978, ch. 513, § 4; Laws, 1979, ch. 484, § 1; Laws, 1980, ch. 509, § 1; Laws, 1981, ch. 517, § 1; Laws, 1982, Ex Sess, ch. 17, § 23; Laws, 1985, ch. 351, § 29; Laws, 1988, ch. 487, § 1; Laws, 1991, ch. 558 § 9; Laws, 1992, ch. 524, § 12; Laws, 1993, ch. 618, § 1; Laws, 1994, ch. 581, § 10; Laws, 1995, ch. 617, § 1; Laws, 1996, ch. 434, § 1; Laws, 1997, ch. 545, § 25; Laws, 1997, ch. 508, § 1; Laws, 1998, ch. 533, § 1; Laws, 1999, ch. 494, § 1; Laws, 1999, ch. 596, § 1; Laws, 2000, ch. 533, § 8; Laws 2001, 1st Ex Sess, ch. 1, § 2; Laws, 2004, ch. 546, § 1; Laws, 2006, ch. 504, § 2; Laws, 2007, ch. 523, § 1; Laws, 2008, ch. 556, § 1; reenacted without change, Laws, 2009, ch. 345, § 25; Laws, 2009, ch. 508, § 2; Laws, 2010, ch. 486, § 5; Laws, 2011, ch. 442, § 16; Laws, 2013, ch. 494, § 7; Laws, 2014, ch. 503, § 1; Laws, 2016, ch. 441, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Section 1 of ch. 494, Laws of 1999, effective from and after July 1, 1999, amended this section. Section 1 of ch. 596, Laws of 1999, effective from and after June 30, 1999, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 494, Laws of 1999, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Section 2 of ch. 508, Laws of 2009, effective from and after July 1, 2009 (approved April 7, 2009), amended this section. Section 25 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 2 of ch. 508, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 2001, 1st Ex Sess, ch. 1, § 1 provides:

“SECTION 1. (1) Recognizing teaching as a profession as well as a vocation, it is the intent of the Legislature, by the passage of House Bill No. 1, 2001 First Extraordinary Session, to clarify the commitment of the House of Representatives and Senate of the State of Mississippi to increase the salaries of public school teachers during the 2001-2002 school year and in each of the next four (4) succeeding years. It is further the intent of the Legislature, by the passage of House Bill No. 1, 2001 First Extraordinary Session, to demonstrate its long-term commitment to improving education in the State of Mississippi.

“(2) The school board of each school district shall provide notice of the legislative intent expressed in subsection (1) of this section to each teacher and assistant teacher. The notice must be in writing and attached to or provided with at least one (1) salary payment to each teacher and assistant teacher before the expiration of sixty (60) days after the passage of House Bill No. 1, 2001 First Extraordinary Session.”

Laws of 2006, ch. 504 § 1(1), codified at §37-161-1(1), provides:

“SECTION 1. This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Laws of 2013, ch. 494, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Education Works Program.’ ”

Chapter 494, Laws of 2013, amended Sections 37-3-53, 37-16-7, 37-18-1 and 37-19-7 and enacted Sections 37-19-9 and 37-106-37.

Amendment Notes —

The first 1999 amendment (ch. 494) rewrote the section.

The second 1999 amendment (ch. 596) rewrote the section.

The 2000 amendment rewrote (1).

The 2001 amendment rewrote the section.

The 2004 amendment rewrote (1) and (2)(a).

The 2006 amendment rewrote the section to provide additional base compensation for teachers holding licenses in critical subject areas, additional compensation for teachers employed in critical shortage areas, and additional base compensation for mentor teachers in middle schools with approved classroom management programs, and to establish a Mississippi performance based pay plan to reward licensed education personnel at schools showing improvement in student test scores.

The 2007 amendment rewrote (1) to increase the teacher salary scale under the Mississippi Adequate Education Program; substituted “twenty-six (26)” for “twenty (20)” at the end of (2)(a)(ii); and added “or is employed by a state agency under the State Personnel Board” at the end of the first sentence of (2)(a)(iv).

The 2008 amendment rewrote (1) to increase and authorize annual experience salary increments for teachers for up to 35 years of experience for all certificate levels; substituted “school district” for “school educational authority” in (4)(a)(iii); and rewrote (5) to commit state funding to mentor teachers who provide mentoring services to beginning teachers.

The first 2009 amendment (ch. 345) reenacted this section without change.

The second 2009 amendment (ch. 508), in (1), under the heading “2009-2010 School Year Annual Increments,” added the last sentence of the next-to-last paragraph, and added the last paragraph.

The 2010 amendment provided for two versions of the fourth paragraph of (1); and substituted “under this subparagraph (ii)” for “under this paragraph (ii)” in (2)(a)(ii).

The 2011 amendment deleted the former last paragraph of (1) pertaining to an annual report to the State Department of Education on the number of certificated and noncertificated employees receiving a salary from the school district who are also receiving retirement benefits from the Public Employees’ Retirement System; and deleted the former last sentence of (5)(a) which read: ”The State Department of Education shall annually provide to the Legislature, no later than January 2, the number of beginning teachers in each school in Mississippi as defined in this subsection.”

The 2013 amendment substituted “thirty-five (35)” for “thirty (30)” in (2)(a)(ii); in (2)(a)(iv), inserted “any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and” in the first sentence, “and certified academic language therapist” twice in the second sentence, added the last sentence and made minor stylistic changes; in (2)(c), deleted “and subject to appropriation by the Legislature” at the end of the first sentence; and added (6).

The 2014 amendment rewrote (1), replacing former text with teacher minimum salary schedules and deleting the former name of the act; inserted two tables; and added two sentences to the end of (2)(c).

The 2016 amendment, in the first sentence of (2)(b), substituted “reimbursed for the actual cost of completing each component of acquiring” for “reimbursed one time for the actual cost of completing the process of acquiring” and inserted “for each component, not to exceed four (4) components” and “teacher”; deleted the first sentence of (2)(d), which read: “The State Department of Education may not pay any process reimbursement to a school district for an employee who does not complete the certification or endorsement process required to be eligible for the certificate or endorsement”; and rewrote (3), which read: “(3)(a) Effective July 1, 2007, if funds are available for that purpose, the Legislature may authorize state funds for additional base compensation for teachers holding licenses in critical subject areas or the equivalent and who teach at least a majority of their courses in a critical subject area, as determined by the State Board of Education. (b) Effective July 1, 2007, if funds are available for that purpose, the Legislature may authorize state funds for additional base compensation for teachers employed in a public school district located in a geographic area of the state designated as a critical teacher shortage area by the State Board of Education.”

Cross References —

School Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Applicability of this section to a teacher or administrator entering school system for first time, see §37-3-2.

Local school board not required to comply with subsection (1) of this section in regard to reducing local supplements and the number of personnel, see §37-9-18.

Salary to be shown in contract of teacher paid in whole or in part with minimum education program funds, see §37-9-23.

Applicability of this section to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, see §37-9-33.

Compensation of superintendents, principals, teachers or licensed employees, generally, see §§37-9-37 et seq.

Reimbursement for teacher salaries in administrator sabbatical program, see §37-9-77.

Beginning teacher support program, see §§37-9-201 through37-9-213.

Superior-Performing, Exemplary and Priority Schools Programs, see §§37-18-1 et seq.

Mississippi Adequate Education Program, see §§37-151-1 et seq.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

No added compensation in the form of bonuses or incentive pay is permitted if not authorized by this section. Pate, January 15, 1999, A.G. Op. #98-0775.

A school board may set the salary for any superintendent, principal, or licensed/certificated employee at the amount the board deems appropriate. Mayfield, July 19, 2002, A.G. Op. #02-0291.

A school district may not grant teachers added compensation in the form of bonuses or incentive pay not authorized by statute. Adams, Feb. 21, 2003, A.G. Op. #03-0045.

If a school board determines that the partial time taught by a teacher in separate school years would total at least nine months of actual teaching then the requirements for a year of teaching experience are met; however, if it is clear that the employee was hired by the school district at a specific salary level and was paid accordingly for the work performed, the district may adjust the employee’s level of experience prospectively, but there is no authority that would allow the district to award retroactive pay for work that has already been performed and for which an agreed upon compensation had already been provided. Chaney, Apr. 18, 2003, A.G. Op. #03-0150.

For a teacher making in excess of the minimum salary who is currently receiving a local supplement and who is due for a raise under this section, assuming that the teacher is performing the same duties, the local supplement to that individual teacher cannot be reduced. However, in those counties in which there has been a reduction in adequate education program allocations, the provisions of §37-151-87 would permit a reduction in aggregate amount of local supplements within the entire school district. However, no individual teacher’s local supplement could be reduced. Chaney, June 18, 2004, A.G. Op. 04-0243.

Because a school district may not grant additional compensation or incentives to teachers that are not authorized by statute, a “sign-in bonus” may not be paid. Sanders, Aug. 8, 2005, A.G. Op. 05-0287.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 183, 184.

CJS.

78 C.J.S., Schools and School Districts §§ 650, 665-681.

Law Reviews.

Public Sector Collective Bargaining in Mississippi: An Argument for Acceptance. 56 Miss. L. J. 379, August, 1986.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. Nonrenewal of contract.

2.-10. [Reserved for future use.]

11. Under former law.

1. Nonrenewal of contract.

Financial adviser found that elimination of personnel and positions was required as part of the remedy for the school district’s deficit. The school district had the authority to alter the offer of renewed employment that had already been made to the assistant principal even after the deadline that would usually apply to school employee contract renewal. McKnight v. Mound Bayou Pub. Sch. Dist., 879 So. 2d 493, 2004 Miss. App. LEXIS 223 (Miss. Ct. App. 2004).

2.-10. [Reserved for future use.]

11. Under former law.

Since the 1953 amendment of Code 1942, § 6248-02, the county superintendent is accountable to the school fund for payments made to teachers in excess of amounts provided by statute, even though he did so in good faith and through honest error. Golding v. Latimer, 239 Miss. 163, 121 So. 2d 615, 1960 Miss. LEXIS 277 (Miss. 1960).

Code 1942, §§ 6246-01 et seq., 6247-01 et seq., 6248-01 et seq., and 6274-01 et seq., are in pari materia with Code 1942, §§ 6328-01 et seq. Adams County v. State Educational Finance Com., 229 Miss. 566, 91 So. 2d 524, 1956 Miss. LEXIS 641 (Miss. 1956).

§ 37-19-7. Scale of teachers’ salaries; experience increases; salary supplement for certain school employees [Effective July 1, 2019].

  1. The allowance in the Mississippi Adequate Education Program for teachers’ salaries in each county and separate school district shall be determined and paid in accordance with the scale for teachers’ salaries as provided in this subsection. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, and the following number of years of teaching experience, the scale shall be as follows:

    2019-2020 MINIMUM SALARY SCHEDULE

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    It is the intent of the Legislature that any state funds made available for salaries of licensed personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to licensed personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system.

    All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.

    The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher’s license issued to those teachers on or before October 1 of the current school year. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided above in Section 37-19-7 shall not be applicable to any such retired certificated employee.

    1. The following employees shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
      1. Any licensed teacher who has met the requirements and acquired a Master Teacher certificate from the National Board for Professional Teaching Standards and who is employed by a local school board or the State Board of Education as a teacher and not as an administrator. Such teacher shall submit documentation to the State Department of Education that the certificate was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the teacher shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
      2. A licensed nurse who has met the requirements and acquired a certificate from the National Board for Certification of School Nurses, Inc., and who is employed by a local school board or the State Board of Education as a school nurse and not as an administrator. The licensed school nurse shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school nurse shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. Provided, however, that the total number of licensed school nurses eligible for a salary supplement under this subparagraph (ii) shall not exceed thirty-five (35).
      3. Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, any school counselor who started the National Board for Professional Teaching Standards process for school counselors between June 1, 2003, and June 30, 2004, and completes the requirements and acquires the Master Teacher certificate shall be entitled to the master teacher supplement, and those counselors who complete the process shall be entitled to a one-time reimbursement for the actual cost of the process as outlined in paragraph (b) of this subsection.
      4. Any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and who is employed by a local school board or is employed by a state agency under the State Personnel Board. The licensed speech-language pathologist and audiologist and certified academic language therapist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist and certified academic language therapist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the total number of certified academic language therapists eligible for a salary supplement under this paragraph (iv) shall not exceed twenty (20).
    2. An employee shall be reimbursed for the actual cost of completing each component of acquiring the certificate or endorsement, excluding any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars ($500.00) for each component, not to exceed four (4) components, for a teacher, school counselor or speech-language pathologist and audiologist, regardless of whether or not the process resulted in the award of the certificate or endorsement. A local school district or any private individual or entity may pay the cost of completing the process of acquiring the certificate or endorsement for any employee of the school district described under paragraph (a), and the State Department of Education shall reimburse the school district for such cost, regardless of whether or not the process resulted in the award of the certificate or endorsement. If a private individual or entity has paid the cost of completing the process of acquiring the certificate or endorsement for an employee, the local school district may agree to directly reimburse the individual or entity for such cost on behalf of the employee.
    3. All salary supplements, fringe benefits and process reimbursement authorized under this subsection shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any employee receiving such salary supplement, and the employee shall receive any local supplement to which employees with similar training and experience otherwise are entitled. However, an educational employee shall receive the salary supplement in the amount of Six Thousand Dollars ($6,000.00) for only one (1) of the qualifying certifications authorized under paragraph (a) of this subsection. No school district shall provide more than one (1) annual salary supplement under the provisions of this subsection to any one individual employee holding multiple qualifying national certifications.
    4. If an employee for whom such cost has been paid, in full or in part, by a local school district or private individual or entity fails to complete the certification or endorsement process, the employee shall be liable to the school district or individual or entity for all amounts paid by the school district or individual or entity on behalf of that employee toward his or her certificate or endorsement.
  3. The following employees shall receive an annual salary supplement in the amount of Four Thousand Dollars ($4,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:

    Effective July 1, 2016, if funds are available for that purpose, any licensed teacher who has met the requirements and acquired a Master Teacher Certificate from the National Board for Professional Teaching Standards and who is employed in a public school district located in one (1) of the following counties: Claiborne, Adams, Jefferson, Wilkinson, Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The salary supplement awarded under the provisions of this subsection (3) shall be in addition to the salary supplement awarded under the provisions of subsection (2) of this section.

    Teachers who meet the qualifications for a salary supplement under this subsection (3) who are assigned for less than one (1) full year or less than full time for the school year shall receive the salary supplement in a prorated manner, with the portion of the teacher’s assignment to the critical geographic area to be determined as of June 15th of the school year.

    1. This section shall be known and may be cited as the “Mississippi Performance-Based Pay (MPBP)” plan. In addition to the minimum base pay described in this section, only after full funding of MAEP and if funds are available for that purpose, the State of Mississippi may provide monies from state funds to school districts for the purposes of rewarding certified teachers, administrators and nonlicensed personnel at individual schools showing improvement in student test scores. The MPBP plan shall be developed by the State Department of Education based on the following criteria:
      1. It is the express intent of this legislation that the MPBP plan shall utilize only existing standards of accreditation and assessment as established by the State Board of Education.
      2. To ensure that all of Mississippi’s teachers, administrators and nonlicensed personnel at all schools have equal access to the monies set aside in this section, the MPBP program shall be designed to calculate each school’s performance as determined by the school’s increase in scores from the prior school year. The MPBP program shall be based on a standardized scores rating where all levels of schools can be judged in a statistically fair and reasonable way upon implementation. At the end of each year, after all student achievement scores have been standardized, the State Department of Education shall implement the MPBP plan.
      3. To ensure all teachers cooperate in the spirit of teamwork, individual schools shall submit a plan to the local school district to be approved before the beginning of each school year beginning July 1, 2008. The plan shall include, but not be limited to, how all teachers, regardless of subject area, and administrators will be responsible for improving student achievement for their individual school.
    2. The State Board of Education shall develop the processes and procedures for designating schools eligible to participate in the MPBP. State assessment results, growth in student achievement at individual schools and other measures deemed appropriate in designating successful student achievement shall be used in establishing MPBP criteria. The State Board of Education shall develop the MPBP policies and procedures and report to the Legislature and Governor by December 1, 2006.
    1. Beginning in the 2008-2009 school year, if funds are available for that purpose, each school in Mississippi shall have mentor teachers, as defined by Sections 37-9-201 through 37-9-213, who shall receive additional base compensation provided for by the State Legislature in the amount of One Thousand Dollars ($1,000.00) per each beginning teacher that is being mentored. The additional state compensation shall be limited to those mentor teachers that provide mentoring services to beginning teachers. For the purposes of such funding, a beginning teacher shall be defined as any teacher in any school in Mississippi that has less than one (1) year of classroom experience teaching in a public school. For the purposes of such funding, no full-time academic teacher shall mentor more than two (2) beginning teachers.
    2. To be eligible for this state funding, the individual school must have a classroom management program approved by the local school board.
  6. Effective with the 2014-2015 school year, the school districts participating in the Pilot Performance-Based Compensation System pursuant to Section 37-19-9 may award additional teacher and administrator pay based thereon.

Years Exp. AAAA AAA AA A 0 40,608.00 39,444.00 38,280.00 35,890.00 1 40,608.00 39,444.00 38,280.00 35,890.00 2 40,608.00 39,444.00 38,280.00 35,890.00 3 41,402.00 40,171.00 38,940.00 36,385.00 4 42,196.00 40,898.00 39,600.00 36,880.00 5 42,990.00 41,625.00 40,260.00 37,375.00 6 43,784.00 42,352.00 40,920.00 37,870.00 7 44,578.00 43,079.00 41,580.00 38,365.00 8 45,372.00 43,806.00 42,240.00 38,860.00 9 46,166.00 44,533.00 42,900.00 39,355.00 10 46,960.00 45,260.00 43,560.00 39,850.00 11 47,754.00 45,987.00 44,220.00 40,345.00 12 48,548.00 46,714.00 44,880.00 40,840.00 13 49,342.00 47,441.00 45,540.00 41,335.00 14 50,136.00 48,168.00 46,200.00 41,830.00 15 50,930.00 48,895.00 46,860.00 42,325.00 16 51,724.00 49,622.00 47,520.00 42,820.00 17 52,518.00 50,349.00 48,180.00 43,315.00 18 53,312.00 51,076.00 48,840.00 43,810.00 19 54,106.00 51,803.00 49,500.00 44,305.00 20 54,900.00 52,530.00 50,160.00 44,800.00 21 55,694.00 53,257.00 50,820.00 45,295.00 22 56,488.00 53,984.00 51,480.00 45,790.00 23 57,282.00 54,711.00 52,140.00 46,285.00 24 58,076.00 55,438.00 52,800.00 46,780.00 25 60,930.00 58,225.00 55,520.00 49,335.00 26 61,724.00 58,952.00 56,180.00 49,830.00 27 62,518.00 59,679.00 56,840.00 50,325.00 28 63,312.00 60,406.00 57,500.00 50,820.00 29 64,106.00 61,133.00 58,160.00 51,315.00 30 64,900.00 61,860.00 58,820.00 51,810.00 31 65,694.00 62,587.00 59,480.00 52,305.00 32 66,488.00 63,314.00 60,140.00 52,800.00 33 67,282.00 64,041.00 60,800.00 53,295.00 34 68,076.00 64,768.00 61,460.00 53,790.00 35 & above 68,870.00 65,495.00 62,120.00 54,285.00

HISTORY: Former 1972 Code §37-19-7 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 1; Laws, 1975, ch. 322, § 2] recodified as §37-19-21 by Laws, 1977, ch. 486, § 11. Former 1972 Code §37-19-5, subsections (2) and (5) [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960 ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20, § 1; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 1; Laws, 1971, ch. 363, § 2] amended and codified as §37-19-7 by 1977, ch. 486, § 4; Laws, 1978, ch. 513, § 4; Laws, 1979, ch. 484, § 1; Laws, 1980, ch. 509, § 1; Laws, 1981, ch. 517, § 1; Laws, 1982, Ex Sess, ch. 17, § 23; Laws, 1985, ch. 351, § 29; Laws, 1988, ch. 487, § 1; Laws, 1991, ch. 558 § 9; Laws, 1992, ch. 524, § 12; Laws, 1993, ch. 618, § 1; Laws, 1994, ch. 581, § 10; Laws, 1995, ch. 617, § 1; Laws, 1996, ch. 434, § 1; Laws, 1997, ch. 545, § 25; Laws, 1997, ch. 508, § 1; Laws, 1998, ch. 533, § 1; Laws, 1999, ch. 494, § 1; Laws, 1999, ch. 596, § 1; Laws, 2000, ch. 533, § 8; Laws 2001, 1st Ex Sess, ch. 1, § 2; Laws, 2004, ch. 546, § 1; Laws, 2006, ch. 504, § 2; Laws, 2007, ch. 523, § 1; Laws, 2008, ch. 556, § 1; reenacted without change, Laws, 2009, ch. 345, § 25; Laws, 2009, ch. 508, § 2; Laws, 2010, ch. 486, § 5; Laws, 2011, ch. 442, § 16; Laws, 2013, ch. 494, § 7; Laws, 2014, ch. 503, § 1; Laws, 2016, ch. 441, § 1, eff from and after July 1, 2016; Laws, 2019, ch. 461, § 1, eff from and after July 1, 2019.

§ 37-19-9. Performance-Based compensation system.

  1. There is established a Pilot-Performance-Based Compensation System for school years 2013-2015.
    1. Beginning with the 2013-2014 school year, a pilot study will be conducted in Lamar County, Clarksdale, Gulfport and Rankin County School Districts as outlined in subsection (2) of this section. Measures of effective instruction, instrumentation, student learning growth and performance evaluation results will be collected. Reporting data from the pilot study will be disseminated to all school districts.
    2. The results of the pilot study in the four (4) districts in combination with Teacher Improvement Fund (TIF), School Improvement Grant (SIG), and Appalachian Regional Commission (ARC) Districts will be collected and analyzed by the Mississippi State University Research and Curriculum Unit and reported to the Department of Education for policy recommendations.

      Effective with the 2014-2015 school year, the school districts participating in the Pilot Performance-Based Compensation System pursuant to this section may award additional teacher and administrator pay based thereon.

    3. Beginning with the 2015-2016 school year, the Department of Education will develop proposed legislation based on pilot results for statewide implementation of a Performance-Based Compensation System.
    4. Recommended legislation will be reported to the Chairs of the House and Senate Education Committees and the Governor by November 30, 2015, for consideration during the 2016 Regular Session of the Legislature.
  2. The statewide performance compensation system for instructional personnel and school administrators must:
    1. Contain a qualitative measure of teacher effectiveness, a quantitative measure of student performance and a quantitative measure of student learning growth.
    2. Be designed by districts to support achievement of district goals in line with realization of the district’s vision.
    3. Include individual, school and district achievement goals and measures.
    4. Be designed to support effective instruction and student learning growth and use performance evaluation results when developing district and school level improvement plans.
    5. Provide appropriate instruments, procedures and criteria for continuous quality improvement of the professional skills of instructional personnel and school administrators and use performance evaluation results when identifying professional development.
    6. Include a mechanism to examine performance data from multiple sources, including opportunities for parents to provide input into employee performance evaluations when appropriate.
    7. Identify those teaching fields for which special evaluation procedures and criteria are necessary.
    8. Differentiate among four (4) levels of performance as follows:
    9. Highly effective.
      1. Effective.
      2. Needs improvement or, for instructional personnel in the first three (3) years of employment who need improvement, developing.
      3. Unsatisfactory.
      4. Provide for training programs that are based upon guidelines provided by the department to ensure that all individuals with evaluation responsibilities understand the proper use of the evaluation criteria and procedures.
    10. Include a process for monitoring and evaluating the effective and consistent use of the evaluation criteria by employees with evaluation responsibilities.
    11. Include a process for monitoring and evaluating the effectiveness of the system itself in improving instruction and student learning. In addition, each district school board may establish a peer assistance process. This process may be a part of the regular evaluation system or used to assist employees placed on performance probation, newly hired classroom teachers, or employees who request assistance.

HISTORY: Laws, 2013, ch. 494, § 4, effective July 1, 2013.

Editor’s Notes —

Former §37-19-9 [Former 1972 Code §37-19-9 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 1; Laws, 1975, ch. 323] recodified as §37-19-23 by Laws, 1977, ch. 486, § 12. Former 1972 Code §37-19-5(3) [1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2] amended and recodified as § 37-19-9 by 1977, ch. 486, § 5; Laws, 1997, ch. 545, § 2; repealed, Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.] provided for minimum teaching certificates.

Laws of 2013, ch. 494, s. 1, provides:

“SECTION 1. This act shall be known and may be cited as the “Mississippi Education Works Program.”

Chapter 494, Laws of 2013, amended Sections 37-3-53, 37-16-7, 37-18-1 and 37-19-7 and enacted Sections 37-19-9 and 37-106-37.

§ 37-19-10. School recognition program created for prospective salary supplements for teachers and staff; Legislative intent; purpose; school eligibility; School Recognition Program Fund.

  1. The Legislature finds that there is a need for a performance incentive program for outstanding teachers and staff in highly productive schools.
  2. Beginning with the 2016-2017 school year, the School Recognition Program is created to provide financial awards to public schools that:
    1. Sustain high performance by earning a school accountability rating of “A” which shall be funded at One Hundred Dollars ($100.00) per pupil in average daily attendance;
    2. Sustain high performance by earning a school accountability rating of “B” which shall be funded at Seventy-five Dollars ($75.00) per pupil in average daily attendance; or
    3. Demonstrate exemplary performance by improving at least one (1) letter grade, which shall be funded at One Hundred Dollars ($100.00) per pupil in average daily attendance.
  3. All public schools, including charter schools, earning the appropriate school rating are eligible to participate in the program.
  4. School recognition awards must be used for nonrecurring salary supplements to the teachers and staff employed in the school receiving the financial award. Any nonrecurring salary supplements paid to teachers and staff shall be prospective, shall be paid over the remainder of the year, and shall not be considered part of the local supplement. For contracted individuals, there shall be an amendment to the existing contract.
  5. School recognition awards shall not be used for administrators.
  6. There is hereby created in the State Treasury, the School Recognition Program Fund which shall be used by the State Department of Education, depending on the availability of funds as appropriated, to provide financial awards to schools under this section. It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Officer such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the School Recognition Program Funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this section. Such data and information so filed shall show in detail the amount of funds to which each school district is entitled from the School Recognition Program Fund. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Officer shall distribute to the several school districts the amounts to which they are entitled from the School Recognition Program Fund as provided by this section. Such distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for such distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Officer. The Treasurer and State Fiscal Officer shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts from the School Recognition Program Fund.
  7. It is the intent of the Legislature to develop a plan to reward high-performing teachers in schools with an accountability rating of “C,” “D” and “F” by July 1, 2016.

HISTORY: Laws, 2014, ch. 503, § 2, eff from and after July 1, 2014.

§ 37-19-11. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

[Former 1972 Code §37-19-11 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex. Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 1] recodified as §37-19-31 by Laws, 1977, ch. 486, § 16. Former 1972 Code §37-19-5(4) [1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2] amended and recodified as §37-19-11 by Laws, 1977, ch. 486, § 6; Laws, 1981, ch. 517, § 3; Laws, 1982, Ex Sess, ch. 17, § 24; Laws, 1986, ch. 507, § 6; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

Editor’s Notes —

Former §37-19-11 provided for a reduction of local supplement or support from ad valorem taxation.

§ 37-19-13. Repealed.

Repealed by Laws, 1997, ch. 545, § 30, eff from and after passage (approved April 10, 1997). [Section was also repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

[Former 1972 Code §37-19-13 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2] recodified as §37-19-33 by Laws, 1977, ch. 486, § 17. New §37-19-13 enacted, Laws, 1977, ch. 486, § 7; Laws, 1988, ch. 466, § 3].

Editor’s Notes —

Section 30 of ch. 545, Laws, 1997, repealed this section, effective from and after passage (approved April 10, 1997). Subsequently, Section 30 of ch. 612, Laws, 1997, also repealed this section, effective July 1, 2002.

Former §37-19-13 provided for the examination of applicants for teaching positions.

§§ 37-19-15 through 37-19-19. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

§37-19-15. [Former 1972 Code §37-19-15 [Codes, 1942, § 6248-03; Laws, 1953, Ex Sess ch. 14, § 3; Laws, 1954, ch. 262; Laws, 1958, ch. 306, § 3; Laws, 1960, ch. 295, § 3; Laws, 1968, ch. 392, § 3; Laws, 1970, ch. 367; ch. 368, § 1; ch. 369; Laws, 1971, ch. 363, § 3; Laws, 1974, ch. 383, §§ 1, 2] recodified as §37-19-35 by 1977, ch. 486, § 18. Former 1972 Code §37-19-5 (6) [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 1; Laws, 1971, ch. 363, § 2] amended and recodified as § 37-19-15 by Laws, 1977, ch. 486, § 8; Laws, 1978, ch. 513, § 5; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-17. [Former 1972 Code §37-19-17 [Codes, 1942, §62-48-04; Laws, 1953, Ex Sess ch. 14, § 4; Laws, 1968, ch. 392, § 4; Laws, 1973, ch. 395, § 1] recodified as §37-19-37 by 1977, ch. 486. § 19. Former 1972 Code §37-19-5 (7) [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960 ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20, § 1; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 1; Laws, 1971, ch. 363, § 2] amended and recodified as § 37-19-17 by Laws, 1977, ch. 486, § 9; Laws, 1986, ch. 492, § 100; Laws, 1991, ch. 534, § 5; Laws, 1992, ch. 445, § 2; Laws, 1997, ch. 545, § 26; repealed, Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-19. [Former 1972 Code §37-19-19 [Codes, 1942, § 6248-04.5; Laws, 1955, Ex Sess ch. 45] repealed by Laws, 1973, ch. 395, § 3, eff from and after July 1, 1973. Former 1972 Code §37-19-5(8) [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960 ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20, § 1; Laws, 1964, ch. 386; Laws, 1965, ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 1; Laws, 1971, ch. 363, § 2] recodified as § 37-19-19 by Laws, 1977, ch. 486, § 10; Laws, 1986, ch 492, § 101; Laws, 1986, ch. 500, § 16; Laws, 1991, ch. 534, § 6; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

Editor’s Notes —

Former §37-19-15 provided for salary payments from other funds.

Former §37-19-17 provided for salary schedules.

Former §37-19-19 provided for an allotment for superintendents’ and principals’ salaries.

For provisions in effect after July 1, 2002, see Mississippi Adequate Education Program, §§37-151-1 et seq.

§ 37-19-20. Repealed.

Repealed by Laws, 2002, ch. 551, § 6, eff from and after July 1, 2002 (enacted April 10, 2002 without Governor’s signature).

[Laws, 1999, ch. 561, § 1, eff from and after July 1, 1999.]

Editor’s Notes —

Former §37-19-20 provided certain allocations for long-term substitute teachers under the Minimum Education Program.

§ 37-19-21. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, effective July 1, 2002.

[Former 1972 Code §37-19-21 [Codes, 1942, § 6248-05; Laws, 1953, 1953, Ex Sess ch. 14, § 5; Laws, 1956, ch. 283, § 1; Laws, 1973, ch. 395, § 2] recodified as §37-19-39 by Laws, 1977, ch. 486, § 20. Former 1972 Code §37-19-7 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 1; Laws, 1975, ch. 322, § 2] amended and recodified as §37-19-21 by Laws, 1977, ch. 486, § 11; Laws, 1978, ch. 513, § 6; Laws, 1979, ch. 484, § 2; Laws, 1980, ch. 509, § 2; Laws, 1981, ch. 517, § 2; Laws, 1982, Ex Sess, ch. 17, § 25; Laws, 1985, ch. 351, § 30; Laws, 1988, ch. 487, § 2; Laws, 1991, ch. 558 § 11; Laws, 1993, ch. 618, § 2; Laws, 1994, ch. 581, § 11; Laws, 1995, ch. 617, § 3; Laws, 1997, ch. 508, § 3; repealed, Laws, 1997, ch. 612, § 30; Laws, 1999, ch. 494, § 2; Laws, 2000, ch. 533, § 9; Laws, 2001, 1st Ex Sess, ch. 1, § 3, eff from and after passage (approved July 23, 2001).]

Editor’s Notes —

Former §37-19-21 provided for an allotment for supportive services.

Laws, 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Laws, 2001, 1st Ex Sess, ch. 1, § 1 provides:

“SECTION 1. (1) Recognizing teaching as a profession as well as a vocation, it is the intent of the Legislature, by the passage of House Bill No. 1, 2001 First Extraordinary Session, to clarify the commitment of the House of Representatives and Senate of the State of Mississippi to increase the salaries of public school teachers during the 2001-2002 school year and in each of the next four (4) succeeding years. It is further the intent of the Legislature, by the passage of House Bill No. 1, 2001 First Extraordinary Session, to demonstrate its long-term commitment to improving education in the State of Mississippi.

(2) The school board of each school district shall provide notice of the legislative intent expressed in subsection (1) of this section to each teacher and assistant teacher. The notice must be in writing and attached to or provided with at least one (1) salary payment to each teacher and assistant teacher before the expiration of sixty (60) days after the passage of House Bill No. 1, 2001 First Extraordinary Session.”

Former §37-19-21 provided an allotment per teacher unit for use in supportive services.

Amendment Notes —

The 1999 amendment substituted “Four Thousand Nine Hundred Sixty-three Dollars ($4,963.00)” for “Four Thousand Six Hundred Eighty-eight Dollars ($4,688.00)” in the first paragraph; and added the second paragraph containing the repealer provision.

The 2000 amendment inserted the second paragraph.

The 2001 amendment rewrote the section.

§ 37-19-22. Repealed.

Repealed by Laws, 2002, ch. 551, § 6, eff from and after July 1, 2002 (enacted April 10, 2002 without the Governor’s signature).

[Laws, 1993, ch. 543, § 1; Laws, 1994, ch. 555, § 2; Laws, 1994, ch. 607, § 18, eff from and after July 2, 1994.]

Editor’s Notes —

Former §37-19-22 provided certain allocations for alternative school programs under the Minimum Education Program.

§ 37-19-23. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

[Former 1972 Code §37-19-23 [Codes, 1942, §§ 6534-05, 6534-12; Laws, 1953, Ex Sess ch. 27, §§ 5, 12] recodified as §37-19-41 by Laws, 1977, ch. 486, § 21. Former 1972 Code §37-19-9 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 1; Laws, 1975, ch. 323] amended and recodified as §37-19-23 by Laws, 1977, ch. 486, § 12; Laws, 1986, ch. 492, § 102; Laws, 1988, ch. 344; Laws, 1990, ch. 535, § 6; Laws, 1991, ch. 534, § 7; Laws, 1996, ch. 316, § 1; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

Editor’s Notes —

Laws, 1990, ch. 589, § 18, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 589. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions were not implemented. The text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Laws, 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Former §37-19-23 provided for a transportation allowance.

For provisions in effect after July 1, 2002, see Mississippi Adequate Education Program, §§37-151-1 et seq.

§ 37-19-24. Repealed.

Repealed by Laws, 1999, ch. 494, § 4, eff from and after July 1, 2002.

[Laws, 1999, ch. 494, § 4, eff from and after July 1, 1999.]

Editor’s Notes —

Former §37-19-24 provided an allotment for local cost of teacher salary increases.

§§ 37-19-25 through 37-19-53. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

§37-19-25. [Former 1972 Code §37-19-25 [Codes, 1942, §§ 6248-11, 6534-06; Laws, 1953, Ex Sess ch. 14, § 11; Laws, 1953, Ex Sess ch. 27, § 6] recodified as §37-19-43 by Laws, 1977, ch. 486, § 22. Former 1972 Code §37-19-31 [Codes, 1942, § 6248-06; Laws, 1953, Ex Sess ch. 14, § 6] amended and recodified as § 37-19-25 by Laws, 1977, ch. 486, § 13; Laws, 1986, ch. 492, § 103; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002].

§37-19-27. [Former 1972 Code §37-19-45 [Codes, 1942, § 6534-16; Laws, 1953, Ex Sess ch. 27, § 16] recodified as §37-19-45 by Laws, 1977, ch. 486, § 23. Former 1972 Code §37-19-33 [Codes, 1942, §§ 6248-07, 6336-03.5; Laws, 1953, Ex Sess ch. 14, § 7; Laws, 1954, Ex Sess ch. 25, §§ 1, 2 (¶¶ 1, 2); Laws, 1960, ch. 296, §§ 1, 2; Laws, 1960, ch. 306, § 2; Laws, 1962, ch. 357, § 1] amended and recodified as §37-19-27 by Laws, 1977, ch. 486, § 14; Laws, 1986, ch. 492, § 104; Laws, 1989, ch. 508, § 3; Laws, 1990, ch. 565, § 3; Laws, 1991, ch. 349, § 3; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-29. [Former 1972 Code §37-19-29 [Codes, 1942, § 6248-12; Laws, 1953, Ex Sess ch. 14, § 12; Laws, 1955, Ex Sess ch. 46, § 1; Laws, 1960, ch. 292; Laws, 1976, ch. 413, §§ 1, 2] recodified as §37-19-47 by Laws, 1977, ch. 486, § 24. Former 1972 Code §37-19-35 [Codes, 1942, § 6248-10;1953, Ex Sess, ch. 14, § 10] amended and recodified as § 37-19-29 by Laws, 1977, ch. 486, § 15; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-31. [Former 1972 Code §37-19-31 [Codes, 1942, § 6248-06; Laws, 1953, Ex Sess ch. 14, § 6] recodified as §37-19-25 by Laws, 1977, ch. 486, § 13. Former 1972 Code §37-19-11 [Codes, 1942, § 6248-02;1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; Laws, 1971, ch. 363, § 2; Laws, 1973, ch. 398, § 11] amended and recodified as § 37-19-31 by Laws, 1977, ch. 486, § 16; Laws, 1986, ch. 492, § 105; Laws, 1987, ch. 307, § 17; Laws, 1991, ch. 534, § 8; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-33. [Former 1972 Code §37-19-33 [Codes, 1942, §§ 6248-07, 6336-03.5; Laws, 1953, Ex Sess ch. 14, § 7; Laws, 1954, Ex Sess ch. 25, §§ 1, 2 (¶¶ 1, 2); Laws, 1960, ch. 296, §§ 1, 2; Laws, 1960, ch. 306, § 2; Laws, 1962, ch. 357, § 1] recodified as §37-19-27 by Laws, 1977, ch. 486, § 14. Former 1972 Code §37-19-13 [Codes, 1942, § 6248-02; Laws, 1953, Ex Sess ch. 14, § 2; Laws, 1954, ch. 269; Laws, 1955, Ex Sess ch. 55; Laws, 1958, ch. 306, § 2; Laws, 1960, ch. 295, § 2; Laws, 1962, 2d Ex Sess ch. 20; Laws, 1964, ch. 386; Laws, 1965, Ex Sess ch. 21; Laws, 1966, ch. 400, § 1; Laws, 1968, ch. 392, § 2; Laws, 1970, ch. 367, § 2; 1071, ch. 363, § 2] amended and recodified as § 37-19-33 by Laws, 1977, ch. 486, § 17; Laws, 1986, ch. 492, § 106; Laws, 1991, ch. 534, § 9; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-34. [Laws, 1994, ch. 615, § 1; repealed by Laws, 1997, ch. 612, § 30; Laws, 1999, ch. 511, § 10, eff from and after July 1, 1999.]

§37-19-35. [Former 1972 Code §37-19-35 [Codes, 1942, § 6248-10; Laws, 1953, Ex Sess, ch. 14, § 10] recodified as §37-19-29 by 1977, ch. 486, § 15. Former 1972 Code §37-19-15 [Codes, 1942, § 6248-03; Laws, 1953, Ex Sess ch. 14, § 3; Laws, 1954, ch. 262; Laws, 1958, ch. 306, § 3; Laws, 1960, ch. 295, § 3; Laws, 1968, ch. 392, § 3; Laws, 1970, ch. 367; ch. 368, § 1; ch. 369; Laws, 1971, ch. 363, § 3; Laws, 1974, ch. 383, §§ 1, 2] amended and recodified as § 37-19-35 by Laws, 1977, ch. 486, § 18; Laws, 1978, ch. 481, § 1; Laws, 1979, 1st Ex Sess. ch. 7; Laws, 1980, ch. 307; Laws, 1980, ch. 372; Laws, 1986, ch. 492, § 107; Laws, 1986, ch. 500, § 17; Laws, 1992, ch. 524, § 13; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-37. [Former 1972 Code §37-19-37 [Codes, 1942, § 6248-08; Laws, 1953, Ex Sess, ch. 14, § 8] recodified as §37-19-49 by 1977, ch. 486, § 25. Former 1972 Code §37-19-17 [Codes, 1942, § 6248-04; Laws, 1953, Ex Sess ch. 14, § 4; Laws, 1968, ch. 392, § 4; Laws, 1973, ch. 395, § 1] amended and recodified as § 37-19-37 by Laws, 1977, ch. 486, § 19; Laws, 1986, ch. 492, § 108; Laws, 1986, ch. 507, § 7; Laws, 1994, ch. 545, § 5; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-39. [Former 1972 Code §37-19-39 [Codes, 1942, § 6248-09; Laws, 1953, Ex Sess ch. 14, § 9] recodified as §37-19-51 by Laws, 1977, ch. 486, § 26. Former 1972 Code §37-19-21 [Codes, 1942, § 6248-05; Laws, 1953, Ex Sess ch. 14, § 5; Laws, 1956, ch. 283, § 1; Laws, 1973, ch. 395, § 2] amended and recodified as § 37-19-39 by Laws, 1977, ch. 486, § 20; Laws, 1986, ch. 492, § 109; Laws, 1991, ch. 534, § 10; Laws, 1991, ch. 555 § 2; Laws, 1994, ch. 545, § 6; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-41. [Former 1972 Code §37-19-41 [Codes, 1942, § 6248-14; Laws, 1953, Ex Sess ch. 14, § 14] recodified as §37-19-53 by Laws, 1977, ch. 486, § 27. Former 1972 Code §37-19-23 [Codes, 1942, §§ 6534-05, 6534-12; Laws, 1953, Ex Sess ch. 27, §§ 5, 12] amended and recodified as § 37-19-41 by Laws, 1977, ch. 486, § 21; Laws, 1986, ch. 492, § 110; Laws, 1994, ch. 545, § 7; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-43. [Former 1972 Code §37-19-25 [Codes, 1942, §§ 6248-11, 6534-06; Laws, 1953, Ex Sess ch. 14, § 11; ch. 27, § 6] amended and recodified as §37-19-43 by Laws, 1977, ch. 486, § 22; Laws, 1986, ch. 492, § 111; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-45. [Former 1972 Code §37-19-27 [Codes, 1942, § 6534-16; Laws, 1953, Ex Sess ch. 27, § 16] amended and recodified as37-19-45 by Laws, 1977, ch. 486, § 23; Laws, 1985, ch. 391, § 1; Laws, 1986, ch. 492, § 112; Laws, 1987, ch. 307, § 18; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-47. [Former 1972 Code §37-19-29 [Codes, 1942, § 6248-12; Laws, 1953, Ex Sess ch. 14, § 12; Laws, 1955, Ex Sess ch. 46, § 1; Laws, 1960, ch. 292; Laws, 1976, ch. 413, §§ 1, 2] recodified as §37-19-47 by 1977, ch. 486, § 24; Laws, 1985, ch. 391, § 2; Laws, 1987, ch. 307, § 19; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-49. [Former 1972 Code §37-19-37 [Codes, 1942, § 6248-08; Laws, 1953, Ex Sess, ch. 14, § 8] amended and recodified as §37-19-49 by Laws, 1977, ch. 486, § 25; Laws, 1986, ch. 492, § 113, eff from and after July 1, 1987; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-51. [Former 1972 Code §37-19-39 [Codes, 1940, § 6248-09; Laws, 1953, Ex Sess ch. 14, § 9] amended and recodified as §37-19-51 by Laws, 1977, ch. 486, § 26; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

§37-19-53. [Former 1972 Code §37-19-41 [Codes, 1942, § 6248-14; Laws, 1953, Ex Sess ch. 14, § 14] recodified as §37-19-53 by Laws, 1977, ch. 486, § 27; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

Editor’s Notes —

Former §37-19-25 provided for the administration of minimum education program in line schools.

Former §37-19-27 provided for counting of legally transferred students for teacher allotment and allotments for supportive services and the payment of maintenance funds to transferee school.

Former §37-19-29 provided for the adjustments in allotments in certain cases.

Former §37-19-31 provided for an allotment for administrative expenses.

Former §37-19-33 provided for retirement and social security allotments.

Former §37-19-34 provided for payment for health insurance for certain school district employees, federal funding, and withholding of district funding for failure to report data.

Former §37-19-35 provided for the determination of the minimum local ad valorem tax effort required of districts to support program and full term payments to certain districts when term is reduced because of disaster.

Former §37-19-37 related to determining the state funds needed annually to support the minimum education program.

Former §37-19-39 related to determining the state funds available for the support of the minimum education program.

Former §37-19-41 provided for an annual information report of state department of education.

Former §37-19-43 related to preliminary estimates of education cost and amounts to be distributed.

Former §37-19-45 related to the distribution of funds.

Former §37-19-47 related to the payment of funds.

Former §37-19-49 related to the number of teachers who may be employed in a county for each local

Former §37-19-51 related to the state board of education’s authority to make regulations necessary for the administration of the chapter.

Former §37-19-53 related to penalties for violations of provisions of the chapter.

For provisions in effect after July 1, 2002, see Mississippi Adequate Education Program, §§37-151-1 et seq.

Chapter 20. Remedial Education

§ 37-20-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Remedial Education Act of 1988.”

HISTORY: Laws, 1988, ch. 583, § 1, eff from and after passage (approved May 23, 1988).

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

IDEA Reauthorized (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-20-3. Purpose.

The purpose of this chapter is to provide supplemental funds to each school district to be used for the sole purpose of providing direct remedial instruction to those students enrolled in the K-12 program who have need of special educational assistance in order that their level of educational attainment may be raised to that appropriate for their age. It is the intent of the Legislature that each school district utilize the instructional programs which, in the professional opinion of the local school officials, will be most effective and that the effectiveness of this program be evaluated in terms of the increase in student achievement in the basic skills of reading, mathematics and writing as measured by pretest and post-test of each student receiving special educational assistance from the funds provided by this chapter.

HISTORY: Laws, 1988, ch. 583, § 2, eff from and after passage (approved May 23, 1988).

§ 37-20-5. Formula for allocation of funds to school districts.

The funds which may be appropriated annually for this chapter shall be based on a formula developed by the State Department of Education and allocated to each school district on the basis of (a) the number of students whose scores on the Basic Skills Assessment Program (BSAP) tests are at the twenty-fifth percentile or below, and (b) the number of students identified as failing any section of the Functional Literacy Exam (FLE).

HISTORY: Laws, 1988, ch. 583, § 3, eff from and after passage (approved May 23, 1988).

§ 37-20-7. Requirements for funding of programs.

  1. To be eligible to receive funds under this chapter a school district shall describe in writing its remedial education program. The description shall include all special remedial and compensatory instruction to be provided by the district from all fund sources. The district description shall include a description of the program to be conducted at each separate school or location in the district and shall include the estimated number of students to participate in the program; the estimated number of teachers, volunteers and others to be utilized in the program; and the estimated budget for each such program.
  2. The programs provided by funds received under this chapter shall meet the following criteria:
    1. Each participating student must be determined by the school district, on the basis of the district’s assessment tests, to need special educational assistance in order that the student’s level of educational attainment in basic skills may be raised to that appropriate for children of the student’s age.
    2. The program must be based on performance objectives related to educational achievement in the basic skills and provide supplementary services designed to meet the special educational needs of each participating student.
    3. The program must be evaluated in a manner consistent with the performance objectives and include a pretest and a post-test for each participating student. The evaluation may use local measures designed to measure the local instructional management plan.
    4. The state and local funds expended in the program must be accounted for separately from all other funds expended by the district.
    5. The program must establish a teacher support team in each building wherein the program is implemented to play a key role in determining the instructional services required by a child.

HISTORY: Laws, 1988, ch. 583, § 4, eff from and after passage (approved May 23, 1988).

§ 37-20-9. Powers and duties of department and board of education.

  1. The State Department of Education shall provide technical assistance to districts and carry out the responsibilities of reviewing, monitoring and evaluating the programs conducted under this chapter.
  2. The State Board of Education shall adopt rules which, in its opinion, are necessary to assure that the programs in each school district are carried out in a manner consistent with the purpose and intent of this chapter. The State Board of Education shall develop a procedure for approving or denying local program applications within sixty (60) days of their receipt by the State Department of Education. The State Department of Education shall include in its annual report the number of students participating in programs under this chapter, the extent to which student achievement has increased, the programs which appear to be most successful, and an analysis of the expenditure of funds by district.

HISTORY: Laws, 1988, ch. 583, § 5, eff from and after passage (approved May 23, 1988).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Chapter 21. Early Childhood Education

Early Childhood Education Programs

§ 37-21-1. Policy as to employment of persons in early childhood education programs.

It shall be the policy of this state that any person acting in the capacity of teacher, assistant teacher or teacher’s aide shall possess certain educational qualifications in order to perform any of the functions, duties or powers of the same in early childhood education programs.

HISTORY: Codes, 1942, § 6282-51; Laws, 1970, ch. 390, § 1, eff from and after July 1, 1970.

Cross References —

Certification of teachers and administrators, see §37-3-2.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-21-3. Educational qualifications of personnel; applicability to charter schools.

  1. No person shall act in the capacity of master teacher, teacher or assistant teacher in any federal or state-funded program of early childhood education or “Head Start,” or perform any of the functions, duties or powers of the same, unless that person shall be qualified in the following manner:
    1. A master teacher or any other employee or consultant receiving a salary or fee equivalent to that of a master teacher shall meet the qualifications of a teacher in this section, including the requirement that a teacher may be required to hold a state teaching license by the State Department of Education, and have demonstrated effectiveness as an early childhood educator. Effectiveness as an early childhood educator may be demonstrated by a rating of highly effective on a state evaluation of teaching, if available, or with evidence that the teacher has a record of raising the achievement outcomes of prekindergarten students.
    2. A teacher shall possess a bachelor’s degree in early childhood education, child development, or an equivalent field. A teacher may also possess a bachelor’s degree in any field as well as have at least twelve (12) credit hours of coursework in early childhood education, child development, or an equivalent field approved by an institution granting a bachelor’s degree in the early childhood education, child development, or an equivalent field; or have a bachelor’s degree in any field as well as have completed a specialized early childhood training program deemed equivalent by the State Department of Education to twelve (12) hours of approved coursework.
    3. An assistant teacher shall possess an associate’s degree in early childhood education, child development, or an equivalent field; or an associate’s degree in any field and a Child Development Associate credential, a Montessori certification, or an equivalent certification. Public school assistant teachers in the voluntary prekindergarten program established by the Early Learning Collaborative Act of 2013 may be required by the State Department of Education to meet the definition of a highly qualified paraprofessional in addition to these requirements.

      The State Department of Education shall adopt any necessary rules, policies or procedures to implement this section.

  2. Persons employed as a teacher, assistant teacher or in any other capacity in a prekindergarten or early childhood education program in a charter school authorized by the Mississippi Charter School Authorizer Board are exempt from the requirements of this section.

HISTORY: Codes, 1942, § 6282-52; Laws, 1970, ch. 390, § 2; Laws, 2013, ch. 493, § 4; Laws, 2013, ch. 497, § 70, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Section 4 of ch. 493, Laws of 2013, effective July 1, 2013 (approved April 16, 2013), amended this section. Section 70 of ch. 497, Laws of 2013, effective July 1, 2013 (approved April 17, 2013), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Amendment Notes —

The 2013 amendment (ch. 493), rewrote the section.

The 2013 amendment (ch. 497), designated the first paragraph (1) and added (2).

Cross References —

Early Learning Collaborative Act of 2013, see §37-21-51.

Mississippi Charter School Authorizer Board, see §§37-28-1 et seq.

§ 37-21-5. Enforcement of Sections 37-21-1 through 37-21-5.

The State Department of Education of the State of Mississippi is vested with the authority to enforce the provisions of Sections 37-21-1 through 37-21-5. The department shall have the authority to make investigations and to require such proof of qualification as may be necessary for the enforcement of Sections 37-21-1 through 37-21-5.

HISTORY: Codes, 1942, § 6282-53; Laws, 1970, ch. 390, § 3; Laws, 2013, ch. 493, § 5, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation changed the references to “this chapter” to be “Sections 37-21-1 through 37-21-5.” The Joint Committee ratified the correction at its June 29, 2000 meeting.

Amendment Notes —

The 2013 amendment substituted “State Department of Education” for “division of economic opportunity” in the first sentence, substituted “department” for “division” in the second sentence, and deleted the former last three sentences which read: “Persons serving in any of the positions set forth in Section 37-21-3 on July 1, 1970, shall present proof of their qualifications to the said division of economic opportunity no later than September 1, 1970. The said division of economic opportunity shall have the authority for good cause to grant to any person applying therefor a waiver of the qualification requirements set forth in Section 37-21-3. However, no such waiver may be granted for a period of time in excess of sixty calendar days during any calendar year.”

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-21-6. Mississippi Early Childhood Education Program.

The Mississippi Early Childhood Education Program shall be the kindergarten program implemented by local school districts under the minimum education program.

HISTORY: Laws, 1996, ch. 452, § 2, eff from and after July 1, 1996.

§ 37-21-7. Mississippi Elementary Schools Assistant Teacher Program [Effective until July 1, 2019].

  1. This section shall be referred to as the “Mississippi Elementary Schools Assistant Teacher Program,” the purpose of which shall be to provide an early childhood education program that assists in the instruction of basic skills. The State Board of Education is authorized, empowered and directed to implement a statewide system of assistant teachers in kindergarten classes and in the first, second and third grades. The assistant teacher shall assist pupils in actual instruction under the strict supervision of a licensed teacher.
    1. Except as otherwise authorized under subsection (7), each school district shall employ the total number of assistant teachers funded under subsection (6) of this section. The superintendent of each district shall assign the assistant teachers to the kindergarten, first-, second- and third-grade classes in the district in a manner that will promote the maximum efficiency, as determined by the superintendent, in the instruction of skills such as verbal and linguistic skills, logical and mathematical skills, and social skills.
    2. If a licensed teacher to whom an assistant teacher has been assigned is required to be absent from the classroom, the assistant teacher may assume responsibility for the classroom in lieu of a substitute teacher. However, no assistant teacher shall assume sole responsibility of the classroom for more than three (3) consecutive school days. Further, in no event shall any assistant teacher be assigned to serve as a substitute teacher for any teacher other than the licensed teacher to whom that assistant teacher has been assigned.
  3. Assistant teachers shall have, at a minimum, a high school diploma or a High School Equivalency Diploma equivalent, and shall show demonstratable proficiency in reading and writing skills. The State Department of Education shall develop a testing procedure for assistant teacher applicants to be used in all school districts in the state.
    1. In order to receive funding, each school district shall:
      1. Submit a plan on the implementation of a reading improvement program to the State Department of Education; and
      2. Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.
    2. Additionally, each school district shall:
      1. Provide annually a mandatory preservice orientation session, using an existing in-school service day, for administrators and teachers on the effective use of assistant teachers as part of a team in the classroom setting and on the role of assistant teachers, with emphasis on program goals;
      2. Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;
      3. Provide training annually on specific instructional skills for assistant teachers;
      4. Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and
      5. Designate the necessary personnel to supervise and report on their program.
  5. The State Department of Education shall:
    1. Develop and assist in the implementation of a statewide uniform training module, subject to the availability of funds specifically appropriated therefor by the Legislature, which shall be used in all school districts for training administrators, teachers and assistant teachers. The module shall provide for the consolidated training of each assistant teacher and teacher to whom the assistant teacher is assigned, working together as a team, and shall require further periodic training for administrators, teachers and assistant teachers regarding the role of assistant teachers;
    2. Annually evaluate the program on the district and state level. Subject to the availability of funds specifically appropriated therefor by the Legislature, the department shall develop: (i) uniform evaluation reports, to be performed by the principal or assistant principal, to collect data for the annual overall program evaluation conducted by the department; or (ii) a program evaluation model that, at a minimum, addresses process evaluation; and
    3. Promulgate rules, regulations and such other standards deemed necessary to effectuate the purposes of this section. Noncompliance with the provisions of this section and any rules, regulations or standards adopted by the department may result in a violation of compulsory accreditation standards as established by the State Board of Education and the Commission on School Accreditation.
  6. In addition to other funds allotted under the Minimum Education or Adequate Education Program, each school district shall be allotted sufficient funding for the purpose of employing assistant teachers. No assistant teacher shall be paid less than the amount he or she received in the prior school year. No school district shall receive any funds under this section for any school year during which the aggregate amount of the local contribution to the salaries of assistant teachers by the district shall have been reduced below such amount for the previous year.

    For the 2007-2008 school year and school years thereafter, the minimum salary for assistant teachers shall be Twelve Thousand Five Hundred Dollars ($12,500.00).

    In addition, for each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds five percent (5%) in fiscal year 2006, as certified by the Legislative Budget Office to the State Board of Education and subject to the specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale in the appropriate year to provide an additional one percent (1%) across the board increase in the base salaries for assistant teachers. The State Board of Education shall revise the salaries prescribed above for assistant teachers to conform to any adjustments made in prior fiscal years due to revenue growth over and above five percent (5%). The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in subsection (2)(a) of this section.

    1. As an alternative to employing assistant teachers, any school district may use the allotment provided under subsection (6) of this section for the purpose of employing licensed teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the allotment for assistant teachers for the purpose of employing licensed teachers unless the district has established that the employment of licensed teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All state funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.

      It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using the assistant teacher allotment to employ licensed teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

    2. Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (4) of this section.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 26; Laws, 1986, ch. 500, § 19; Laws, 1988, ch. 487, § 7; Laws, 1989, ch. 429, § 1; Laws, 1992, ch. 519, § 8; Laws, 1992, ch. 524, § 14; Laws, 1993, ch. 618, § 3; Laws, 1994, ch. 581, § 13; Laws, 1995, ch. 617, § 2; Laws, 1996, ch. 452, § 1; Laws, 1997, ch. 508, § 2; Laws, 1997, ch. 612, § 20; Laws, 1999, ch. 494, § 3; Laws, 2000, ch. 330, § 1; Laws, 2000, ch. 533, § 10; Laws, 2001, 1st Ex Sess, ch. 1, § 4; Laws, 2006, ch. 417, § 9; Laws, 2007, ch. 523, § 2; reenacted without change, Laws, 2009, ch. 345, § 26; reenacted and amended, Laws, 2009, ch. 445, § 9; Laws, 2014, ch. 398, § 3, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 1 of ch. 330, Laws of 2000, effective from and after July 1, 2000, amended this section. Section 10 of ch. 533, Laws of 2000, effective from and after July 1, 2000, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the Legislative intent at the June 29, 2000 meeting of the Committee.

Section 9 of ch. 445, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), reenacted and amended this section. Section 26 of ch. 345, Laws of 2009, effective June 30, 2009 (approved March 16, 2009), reenacted this section without change. As set out above, this section reflects the language of Section 9 of ch. 445, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Laws of 2001, 1st Ex Sess, ch. 1, § 1 provides:

“SECTION 1. (1) Recognizing teaching as a profession as well as a vocation, it is the intent of the Legislature, by the passage of House Bill No. 1, 2001 First Extraordinary Session, to clarify the commitment of the House of Representatives and Senate of the State of Mississippi to increase the salaries of public school teachers during the 2001-2002 school year and in each of the next four (4) succeeding years. It is further the intent of the Legislature, by the passage of House Bill No. 1, 2001 First Extraordinary Session, to demonstrate its long-term commitment to improving education in the State of Mississippi.

“(2) The school board of each school district shall provide notice of the legislative intent expressed in subsection (1) of this section to each teacher and assistant teacher. The notice must be in writing and attached to or provided with at least one (1) salary payment to each teacher and assistant teacher before the expiration of sixty (60) days after the passage of House Bill No. 1, 2001 First Extraordinary Session.”

Laws of 2008, ch. 416, § 1:

“SECTION 1. The State Department of Education shall conduct a study to determine the need for and the potential benefits of establishing a career ladder opportunity program for assistant teachers employed in the public schools. The study must include suggestions on possible incentives and enhanced salary opportunities for: assistant teachers who continue their education toward the completion of a bachelor’s degree that ultimately leads to the acquisition of a Standard License to teach in Mississippi; and assistant teachers who already possess a bachelor’s degree and take steps that lead to the acquisition of a Standard License to teach. Before December 1, 2008, the department shall submit a report on the findings of this study, including recommendations on the implementation of such a program, to the Chairmen of the House and Senate Education and Appropriations Committees.”

Amendment Notes —

The 1999 amendment, in the first version, substituted “Nine Thousand One Hundred Fifteen Dollars ($9,115.00)” for “Eight Thousand Seven Hundred Seventy Dollars ($8, 770.00)” twice in (6).

The first 2000 amendment (ch. 330), in the version effective until July 1, 2002, inserted “Except as otherwise authorized under subsection (7)” in (2)(a); inserted “or a GED equivalent” in (3); deleted “In the 1995-1996 school year and years thereafter” following “prior school year” in (6); and in (7), deleted “the State Board of Education may authorize” following “employing assistant teachers” and substituted “school district may use” for “school district meeting Level 3, 4 or 5 accreditation requirements to use”; in the version effective from and after July 1, 2002, in (2)(a), inserted “Except as otherwise authorized under subsection (7)” and substituted “under the Mississippi Adequate Education Program ” for “under subsection (6) of this section”; in (6), deleted “In the 1995-1996 school year and the school years thereafter” following “prior school year” and deleted “under this section” following “shall receive any funds”; in (7), deleted “the State Board of Education may authorize” following “employing assistant teachers” and substituted “school district may use” for “school district meeting Level 3, 4 or 5 accreditation requirements to use”; and substituted “licensed teachers” for “certified teachers” throughout both versions.

The second 2000 amendment (ch. 533) rewrote (6) in both versions.

The 2001 amendment rewrote (6) and (7); and deleted the former second version of the section, which was to take effect July 1, 2002.

The 2006 amendment, in (6), deleted the former second through fifth paragraphs, which provided the minimum salary for assistant teachers for school years 2001-2002 through 2004-2005, and substituted “fiscal year 2006” for “fiscal year 2003, 2004, 2005 or 2006” in the last paragraph; and rewrote (7)(b).

The 2007 amendment substituted “shall require further periodic training” for “shall require further periodical training” in (5)(a); in the second paragraph of (6), substituted “2007-2008” for “2005-2006” and “Twelve Thousand Five Hundred Dollars ($12,500.00)” for “Twelve Thousand Dollars ($12,000.00)”; and made a minor stylistic change.

The first 2009 amendment (ch. 345), reenacted this section without change.

The second 2009 amendment (ch. 445) reenacted and amended the section by substituting “the highest levels of” for “Level 4 or 5” in (7)(b).

The 2014 amendment, in (3), substituted “High School Equivalency Diploma” for “GED.”

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Commission on School Accreditation, see §§37-17-1 et seq.

Exemption from the provisions of subsection (4) of this section for school districts meeting Level 4 or 5 accreditation standards, see §37-17-12.

Limitation on increases of taxes levied for school district purposes; disposition of excess revenues, see §37-57-107.

Mississippi Adequate Education Program, see §§37-151-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A school district is not required to pay the salary of an assistant teacher while such individual is completing student teaching requirements in another district. Lee, Dec. 12, 2003, A.G. Op. 03-0577.

§ 37-21-7. Mississippi Elementary Schools Assistant Teacher Program [Effective July 1, 2019].

  1. This section shall be referred to as the “Mississippi Elementary Schools Assistant Teacher Program,” the purpose of which shall be to provide an early childhood education program that assists in the instruction of basic skills. The State Board of Education is authorized, empowered and directed to implement a statewide system of assistant teachers in kindergarten classes and in the first, second and third grades. The assistant teacher shall assist pupils in actual instruction under the strict supervision of a licensed teacher.
    1. Except as otherwise authorized under subsection (7), each school district shall employ the total number of assistant teachers funded under subsection (6) of this section. The superintendent of each district shall assign the assistant teachers to the kindergarten, first-, second- and third-grade classes in the district in a manner that will promote the maximum efficiency, as determined by the superintendent, in the instruction of skills such as verbal and linguistic skills, logical and mathematical skills, and social skills.
    2. If a licensed teacher to whom an assistant teacher has been assigned is required to be absent from the classroom, the assistant teacher may assume responsibility for the classroom in lieu of a substitute teacher. However, no assistant teacher shall assume sole responsibility of the classroom for more than three (3) consecutive school days. Further, in no event shall any assistant teacher be assigned to serve as a substitute teacher for any teacher other than the licensed teacher to whom that assistant teacher has been assigned.
  3. Assistant teachers shall have, at a minimum, a high school diploma or a High School Equivalency Diploma equivalent, and shall show demonstratable proficiency in reading and writing skills. The State Department of Education shall develop a testing procedure for assistant teacher applicants to be used in all school districts in the state.
    1. In order to receive funding, each school district shall:
      1. Submit a plan on the implementation of a reading improvement program to the State Department of Education; and
      2. Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.
    2. Additionally, each school district shall:
      1. Provide annually a mandatory preservice orientation session, using an existing in-school service day, for administrators and teachers on the effective use of assistant teachers as part of a team in the classroom setting and on the role of assistant teachers, with emphasis on program goals;
      2. Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;
      3. Provide training annually on specific instructional skills for assistant teachers;
      4. Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and
      5. Designate the necessary personnel to supervise and report on their program.
  5. The State Department of Education shall:
    1. Develop and assist in the implementation of a statewide uniform training module, subject to the availability of funds specifically appropriated therefor by the Legislature, which shall be used in all school districts for training administrators, teachers and assistant teachers. The module shall provide for the consolidated training of each assistant teacher and teacher to whom the assistant teacher is assigned, working together as a team, and shall require further periodic training for administrators, teachers and assistant teachers regarding the role of assistant teachers;
    2. Annually evaluate the program on the district and state level. Subject to the availability of funds specifically appropriated therefor by the Legislature, the department shall develop: (i) uniform evaluation reports, to be performed by the principal or assistant principal, to collect data for the annual overall program evaluation conducted by the department; or (ii) a program evaluation model that, at a minimum, addresses process evaluation; and
    3. Promulgate rules, regulations and such other standards deemed necessary to effectuate the purposes of this section. Noncompliance with the provisions of this section and any rules, regulations or standards adopted by the department may result in a violation of compulsory accreditation standards as established by the State Board of Education and the Commission on School Accreditation.
  6. In addition to other funds allotted under the Minimum Education or Adequate Education Program, each school district shall be allotted sufficient funding for the purpose of employing assistant teachers. No assistant teacher shall be paid less than the amount he or she received in the prior school year. No school district shall receive any funds under this section for any school year during which the aggregate amount of the local contribution to the salaries of assistant teachers by the district shall have been reduced below such amount for the previous year.

    For the 2019-2020 school year and school years thereafter, the minimum annual salary for assistant teachers shall be Fourteen Thousand Dollars ($14,000.00).

    In addition, for each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds five percent (5%) in fiscal year 2006, as certified by the Legislative Budget Office to the State Board of Education and subject to the specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale in the appropriate year to provide an additional one percent (1%) across-the-board increase in the base salaries for assistant teachers. The State Board of Education shall revise the salaries prescribed above for assistant teachers to conform to any adjustments made in prior fiscal years due to revenue growth over and above five percent (5%). The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in subsection (2)(a) of this section.

    1. As an alternative to employing assistant teachers, any school district may use the allotment provided under subsection (6) of this section for the purpose of employing licensed teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the allotment for assistant teachers for the purpose of employing licensed teachers unless the district has established that the employment of licensed teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All state funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.

      It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using the assistant teacher allotment to employ licensed teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.

    2. Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (4) of this section.

HISTORY: Laws, 1982, Ex Sess, ch. 17, § 26; Laws, 1986, ch. 500, § 19; Laws, 1988, ch. 487, § 7; Laws, 1989, ch. 429, § 1; Laws, 1992, ch. 519, § 8; Laws, 1992, ch. 524, § 14; Laws, 1993, ch. 618, § 3; Laws, 1994, ch. 581, § 13; Laws, 1995, ch. 617, § 2; Laws, 1996, ch. 452, § 1; Laws, 1997, ch. 508, § 2; Laws, 1997, ch. 612, § 20; Laws, 1999, ch. 494, § 3; Laws, 2000, ch. 330, § 1; Laws, 2000, ch. 533, § 10; Laws, 2001, 1st Ex Sess, ch. 1, § 4; Laws, 2006, ch. 417, § 9; Laws, 2007, ch. 523, § 2; reenacted without change, Laws, 2009, ch. 345, § 26; reenacted and amended, Laws, 2009, ch. 445, § 9; Laws, 2014, ch. 398, § 3, eff from and after July 1, 2014; Laws, 2019, ch. 461, § 2, eff from and after July 1, 2019.

§ 37-21-9. Conduct of cost-benefit analysis on establishment of mandatory kindergarten and pre-kindergarten programs.

The State Department of Education shall:

Conduct a total needs assessment of the state to determine what areas currently lack pre-kindergarten programs and services, and conduct a cost-benefit analysis of establishing pre-kindergarten programs on a statewide basis. Any expected costs, whether federal, state or local, associated with implementing this requirement shall be clearly outlined; and

Conduct a cost-benefit analysis of implementing mandatory kindergarten on a statewide basis. Any expected costs, whether federal, state or local, associated with implementing this requirement shall be clearly outlined; and

Study the feasibility of developing an optional graduation diploma, to be known as an occupational diploma, that would include course requirements to ensure that students have mastered skills and employment competencies. The study shall include proposed procedures for ensuring that students may select and move between courses of study leading to a standard high school diploma or an occupational diploma. The study shall include options for continued skills training through community colleges, which shall include agreements between school districts and community colleges to minimize the circumstances under which students must repeat successfully completed high school coursework in community college. Any expected costs, both federal and state, associated in implementing these requirements shall be clearly outlined; and

Report annually to the Mississippi Legislature on the graduation and dropout rates based on Grades 7 through 12 and Grades 9 through 12 cohort groups, statewide and by district.

HISTORY: Laws, 2003, ch. 454, § 1 eff from and after July 1, 2003.

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

§ 37-21-11. Kindergarten Readiness Assessment Program; legislative intent; timing of assessment.

  1. There is hereby established the “Kindergarten Readiness Assessment Program,” authorizing the Mississippi Department of Education to establish a common statewide Kindergarten readiness assessment, the purpose of which is to provide teachers, administrators and parents baseline data on students at the beginning of their Kindergarten year. It is the intent of the Legislature, in establishing this program, to ensure that the Mississippi Department of Education shall:
    1. Select a readiness assessment that provides data on each Kindergarten student’s performance to inform deployment of resources and instructional supports;
    2. Establish a policy to ensure each student’s parent or guardian is informed of the student’s performance on the assessment;
    3. Establish a policy to ensure that districts report results to the State Superintendent of Education; and
    4. Require this assessment be given to all students enrolled in a public Kindergarten in Mississippi.
  2. The Kindergarten readiness assessment may be given prior to the beginning of Kindergarten or during the first thirty (30) days of the Kindergarten year.

HISTORY: Laws, 2014, ch. 536, § 2, eff from and after July 1, 2014.

Early Learning Collaborative Act

§ 37-21-51. Definitions; legislative findings; Early Learning Collaborative Act of 2013; implementation of voluntary prekindergarten program; application for and use of program funds; criteria for awarding funds; funds to be appropriated on phased-in basis.

  1. As used in this section:
    1. “Preschool or prekindergarten children” means any children who have not entered kindergarten but will have obtained four (4) years of age on or before September 1 of a school year.
    2. An “early learning collaborative” is a district or countywide council that writes and submits an application to participate in the voluntary prekindergarten program. An early learning collaborative is comprised, at a minimum, of a public school district and/or a local Head Start affiliate if in existence, private or parochial schools, or one or more licensed child care centers. Agencies or other organizations that work with young children and their families may also participate in the collaborative to provide resources and coordination even if those agencies or organizations are not prekindergarten providers.
    3. A “prekindergarten provider” is a public, private or parochial school, licensed child care center or Head Start center that serves prekindergarten children and participates in the voluntary prekindergarten program.
    4. A “lead partner” is a public school district or other nonprofit entity with the instructional expertise and operational capacity to manage the early learning collaborative’s prekindergarten program as described in the collaborative’s approved application for funds. The lead partner serves as the fiscal agent for the collaborative and shall disburse awarded funds in accordance with the collaborative’s approved application. The lead partner must facilitate a professional learning community for the teachers in the prekindergarten program and lead the collaborative. The lead partner ensures that the collaborative adopts and implements curriculum and assessments that align with the comprehensive early learning standards. The public school district shall be the lead partner if no other qualifying lead partner is selected.
    5. “Comprehensive early learning standards” are standards adopted by the State Board of Education that address the highest level of fundamental domains of early learning to include, but not be limited to, physical well-being and motor development, social/emotional development, approaches toward learning, language development and cognition and general knowledge. The comprehensive early learning standards shall also include standards for emergent literacy skills, including oral communication, knowledge of print and letters, phonological and phonemic awareness, and vocabulary and comprehension development.
    6. A “research-based curriculum” is an age-appropriate curriculum that is based on the findings of current research and has been found to be effective in improving student learning.
  2. To ensure that all children have access to quality early childhood education and development services, the Legislature finds and declares the following:
    1. Parents have the primary duty to educate their young preschool children;
    2. The State of Mississippi can assist and educate parents in their role as the primary caregivers and educators of young preschool children;
    3. There is a need to explore innovative approaches and strategies for aiding parents and families in the education and development of young preschool children; and
    4. There exists a patchwork of prekindergarten entities but no coordination of services and there needs to be a coordination of these services.
    1. This subsection shall be known and may be cited as the “Early Learning Collaborative Act of 2013.”
    2. Effective with the 2013-2014 school year, the Mississippi State Department of Education shall establish a voluntary prekindergarten program, which shall be a collaboration among the entities providing prekindergarten programs including Head Start, licensed child care facilities and licensed public, parochial and private school prekindergarten programs. This program shall be implemented no later than the 2014-2015 school year. Enrollment in the prekindergarten program shall be coordinated with the Head Start agencies in the local areas and shall not be permitted to cause a reduction in children served by the Head Start program. Under this program, eligible entities may submit an application for funds to (i) defray the cost of additional and/or more qualified teaching staff, appropriate educational materials and equipment and to improve the quality of educational experiences offered to four-year-old children in early care and education programs, and/or to (ii) extend developmentally appropriate education services at such programs currently serving four-year-old children to include practices of high quality instruction, and to (iii) administer, implement, monitor and evaluate the programs, and to (iv) defray the cost of professional development and age-appropriate child assessment.
    3. Subject to the availability of funds appropriated therefor, the State Department of Education shall administer the implementation, monitoring and evaluation of the voluntary prekindergarten program, including awards and the application process.
      1. The department shall establish a rigorous and transparent application process for the awarding of funds. Lead partners shall submit the applications on behalf of their early learning collaborative.
      2. The department will establish monitoring policies and procedures that, at a minimum, will include at least one (1) site visit a year.
      3. The department will provide technical assistance to collaboratives and their providers to improve the quality of prekindergarten programs.
      4. The department will evaluate the effectiveness of each early childhood collaborative and each prekindergarten provider. If the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall adopt a minimum rate of readiness that each prekindergarten provider must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program must submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.
    4. Prekindergarten program funds shall be awarded to early childhood collaboratives whose proposed programs meet the program criteria. The criteria shall include:
      1. Voluntary enrollment of children;
      2. Collaboration among prekindergarten providers and other early childhood programs through the establishment of an early learning collaborative;
      3. Qualifications of master teachers, teachers and assistants, which must conform to guidelines in Section 37-21-3;
      4. At least fifteen (15) hours of annual professional development for program instructional staff, including professional development in early literacy;
      5. The use of state-adopted comprehensive early learning standards;
      6. The use of a research-based curriculum that is designed to prepare students to be ready for kindergarten, with emphasis in early literacy, and is aligned with the comprehensive early learning standards;
      7. The use of age-appropriate assessments aligned to the comprehensive early learning standards;
      8. Teacher/child ratios of one (1) adult for every ten (10) children with a maximum of twenty (20) children per classroom and a minimum of five (5) children per classroom;
      9. The provision of at least one (1) meal meeting state and federal nutrition guidelines for young children;
      10. Plans to screen and/or refer children for vision, hearing and other health issues;
      11. Parent involvement opportunities;
      12. Plans to serve children with disabilities as indicated under IDEA;
      13. The number of instructional hours to be provided, which shall equal no less than five hundred forty (540) instructional hours per school year for half-day programs and one thousand eighty (1,080) instructional hours per school year for full-day programs; and
      14. A budget detailing the use of funds for allowed expenses.

      Participating child care centers shall: (a) meet state child care facility licensure requirements unless exempted under Section 43-20-5, Mississippi Code of 1972, and (b) select and utilize a nationally recognized assessment tool, approved by the State Department of Education, designed to document classroom quality, which must be in place not later than July 1, 2016, as certified by the State Department of Education.

      Within the prekindergarten program, a prekindergarten provider must comply with the antidiscrimination requirements applicable to public schools. A prekindergarten provider may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the prekindergarten program, in violation of these antidiscrimination requirements. However, a prekindergarten provider may refuse to admit a child based on the provider’s standard eligibility guidelines, provided that these guidelines do not violate the antidiscrimination requirements. Consistent with the Legislature’s recognition of the primacy of a parent’s role in the education of a preschool-age child and the related recognition of the state in assisting and educating parents in that role, if the State Department of Education adopts a statewide kindergarten screening that assesses the readiness of each student for kindergarten, the State Department of Education shall recognize each child’s unique pattern of development when adopting a minimum rate of readiness that prekindergarten providers must meet in order to remain eligible for prekindergarten program funds. Each parent who enrolls his or her child in the prekindergarten program may submit the child for the statewide kindergarten screening, regardless of whether the child is admitted to kindergarten in a public school.

      The State Department of Education may add program criteria not inconsistent with these requirements and shall develop policies and procedures to implement and enforce these criteria.

    5. The State Department of Education shall ensure that early learning collaboratives provide each parent enrolling a child in the voluntary prekindergarten program with a profile of every prekindergarten provider participating in the collaborative’s geographic catchment area. The State Department of Education shall prescribe the information to be included in each profile as well as the format of the profiles. At a minimum, the profiles must include the prekindergarten provider’s services, curriculum, instructor credentials and instructor-to-student ratio.
    6. A teacher, assistant teacher or other employee whose salary and fringe benefits are paid from state funds under this act shall only be classified as a state or local school district employee eligible for state health insurance benefits or membership in the Public Employees’ Retirement System, if the person’s employer is already an agency or instrumentality of the state, such as a school district, and the employee would be eligible for such benefits in the normal course of business.
    7. Funding shall be provided for this program beginning with the 2014 fiscal year subject to appropriation by the Legislature as provided in paragraph (h) of this subsection. The department shall make an annual report to the Legislature and the Governor regarding the effectiveness of the program. The PEER Committee shall review those reports and other program data and submit an independent evaluation of program operation and effectiveness to the Legislature and the Governor on or before October 1 of the calendar year before the beginning of the next phased-in period of funding.
      1. The Legislature shall appropriate funds to implement the Early Education Collaborative Act of 2013 on a phased-in basis as follows:

      1. The first phase shall be based on an annual state appropriation of not more than Eight Million Dollars ($8,000,000.00) and shall serve approximately three thousand five hundred (3,500) children through five (5) to eight (8) early learning collaboratives and their prekindergarten providers;

      2. The second phase shall be based on an annual state appropriation of not more than Sixteen Million Dollars ($16,000,000.00) and shall serve approximately seven thousand (7,000) children through ten (10) to fifteen (15) early learning collaboratives and their prekindergarten providers;

      3. The third phase shall be based on an annual state appropriation of not more than Thirty-three Million Nine Hundred Fifty Thousand Dollars ($33,950,000.00) and shall serve approximately fifteen thousand (15,000) children through twenty (20) to twenty-five (25) early learning collaboratives and their prekindergarten providers.

    9. Future phases shall be based on interest in the program and the effectiveness of the program as determined by the school readiness of participants. Each phase shall last for at least three (3) years but no more than five (5) years. The State Department of Education shall determine when to move to a new phase of the program, within the timeline provided herein.

      1. Participation in Excel By 5;

      2. Participation in supporting Partnerships to Assure Ready Kids (SPARK);

      3. Participation in the Gilmore Early Learning Initiative (GELI); or

      4. Participation in the Mississippi Building Blocks.

      In determining community need, the department shall consider low academic achievement within the public school districts participating in an applicant early learning collaborative and the number and percentage of children without quality prekindergarten options.

      1. Funding shall be provided to early learning collaboratives on the basis of Two Thousand One Hundred Fifty Dollars ($2,150.00) per student in a full-day program and One Thousand Seventy-five Dollars ($1,075.00) per student in a half-day program proposed in the collaborative’s approved application. Once an early learning collaborative’s plan is approved and funded, the collaborative and/or its prekindergarten providers shall receive funds on an ongoing basis unless the collaborative and/or its prekindergarten providers no longer meet the criteria to participate in the program.
      2. Early learning collaboratives shall match state funds on a 1:1 basis. Local matching funds may include local tax dollars, federal dollars as allowed, parent tuition, philanthropic contributions, or in-kind donations of facilities, equipment and services required as part of the program such as food service or health screenings.
      3. The State Department of Education shall reserve no more than five percent (5%) of the appropriation in any year for administrative costs. Funds remaining after awards to early learning collaboratives and the department’s administrative needs are met may be carried over in the following year. In the first year of implementation of the program, the department may delay the awarding of funds until the 2014-2015 school year should time not be sufficient to establish the program’s operation prior to the 2013-2014 school year.
      4. In the initial phase of implementation, the State Department of Education shall award state funds under the Early Learning Collaborative Act of 2013 based on a community’s capacity, commitment and need. To determine capacity, commitment and need, the State Department of Education shall require evidence of existing strong local collaborations of early education stakeholders. Such evidence shall include, but not be limited to, collaborations resulting from any of the following:
      5. All authority granted to the State Department of Education to establish program rules is subject to the public processes established in the provisions of the Mississippi Administrative Procedures Law, including, but not limited to, filing notice of the proposed rules, public hearings and any economic impact statement with the Office of the Secretary of State before presenting such information to the State Board of Education for final approval.

HISTORY: Laws, 2000, ch. 510, § 1; Laws, 2007, ch. 440, § 1; reenacted and amended, Laws, 2009, ch. 345, § 27; Laws, 2013, ch. 493, § 1, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in subsection (1). The reference to “Section 37-21-51” was changed to “this section.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Amendment Notes —

The 2007 amendment inserted “or prekindergarten” following “preschool” in (1); and added (3).

The 2009 amendment reenacted and amended the section by deleting former (3)(g), which provided that subsection (3) was to stand repealed on July 1, 2010.

The 2013 amendment rewrote the section.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-21-53. Creation of Council; purpose; membership.

  1. The State Early Childhood Advisory Council (SECAC), located in the Office of the Governor, is (a) to assist the State Department of Education with the implementation of the Early Learning Collaborative Act of 2013, (b) to ensure coordination among the various agencies and programs serving preschool children in order to support school district’s efforts to achieve the goal of readiness to start school, (c) to facilitate communication, cooperation and maximum use of resources and to promote high standards for all programs serving preschool children and their families in Mississippi, (d) to serve as the designated council for early childhood education and care pursuant to federal Public Law 110-134, and (e) to carry out any responsibilities assigned to SECAC by the Governor and/or by applicable federal law.
  2. The membership of the State Early Childhood Advisory Council (SECAC) in accordance with Public Law 110-134, shall include the following members to be appointed by the Governor:
    1. A representative of the Mississippi Department of Human Services;
    2. A representative of the Mississippi Department of Education;
    3. A representative of local educational agencies;
    4. A representative of Mississippi Institutions of Higher Education;
    5. A representative of local providers of early childhood education and care services from each congressional district;
    6. A representative from Head Start agencies located in the state, including Indian Head Start programs and migrant and seasonal Head Start programs as available;
    7. The State Director of Head Start Collaboration;
    8. The Part C Coordinator and/or the Section 619 Coordinator of programs under the Individuals with Disabilities Education Act (20 USC 1419, 1431 et seq.);
    9. A representative of the Mississippi Department of Health;
    10. A representative of the Mississippi Department of Mental Health; and
    11. Representatives of other entities deemed relevant by the Governor.

HISTORY: Laws, 2000, ch. 510, § 2; Laws, 2013, ch. 493, § 2, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment rewrote the section.

§ 37-21-55. Repealed.

Repealed by Laws, 2013, ch. 493, § 7, effective from and after July 1, 2013.

§37-21-55. [Laws, 2000, ch. 510, § 3, eff from and after July 1, 2000.]

Editor’s Notes —

Former §37-21-55 established the Interagency Advisory Committee and prescribed its purpose, membership and duties.

Chapter 22. State Funds for School Districts

Emergency fund Loss Assistance Program

§§ 37-22-1 and 37-22-3. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

§37-22-1. [Laws, 1989, ch. 510, § 1; Laws, 1991, ch. 497, § 1; Laws, 1993, ch. 504, § 1; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002].

§37-22-3. [Laws, 1989, ch. 510, § 2; Laws, 1991, ch. 497, § 2; repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.]

Editor’s Notes —

Laws, 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

For provisions in effect after July 1, 2002, see Mississippi Adequate Education Program, §§37-151-1 et seq.

Former §37-22-1 established the Mississippi School District Uniform Millage Assistance Grant Program and Fund.

Former §37-22-3 provided a second Level Funding Program.

Cross References —

Use of monies from Education Enhancement Fund to assist in funding of Uniform Millage Assistance Grant Program, see §37-61-33.

§ 37-22-5. Emergency Fund Loss Assistance Program and Fund.

There is herein created an Emergency Fund Loss Assistance Program to provide temporary grants to eligible school districts. The purpose of the program shall be to provide relief to school districts suffering losses of financial assistance under federal programs, such as the IMPACT Program, designed to serve the educational needs of children of government employees and Choctaw Indian children. Any school district which has sustained losses in direct payments from the federal government for the purpose of educating the children of federal government employees and Choctaw Indian children living on United States Government owned reservation land shall be entitled to an Emergency Fund Loss Assistance Grant, in the amount of the reduction of the grant funds received from the federal government from prior years. This grant shall be limited to losses resulting from reductions in the level of federal funding allocated to school districts from prior years and not from reductions resulting from a loss of students served by the school districts. Losses incurred prior to July 1, 1987, shall not be considered for purposes of determining the amount of the grant. There is hereby established an Emergency Fund Loss Assistance Fund in the State Treasury which shall be used to distribute the emergency grants to school districts. Expenditures from this fund shall not exceed One Million Dollars ($1,000,000.00) in any fiscal year. If the total of all grant entitlements from local school districts exceeds such sum, then the grants to the school districts shall be prorated accordingly. The State Treasurer shall transfer funds from this program in the same manner that funds are transferred from the Minimum Education Program Fund, as provided in Section 37-19-47.

HISTORY: Laws, 1989, ch. 510, § 3, eff from and after July 1, 1990.

Editor’s Notes —

Section 37-19-47 referred to in the last sentence was repealed by Laws, 1997, ch. 612, § 30, effective from and after July 1, 2002.

Cross References —

Allocation of appropriations, see §37-22-7.

OPINIONS OF THE ATTORNEY GENERAL

Compromise of lawsuit for damages did not constitute other local revenue under 37-22-1(2)(g) [repealed] as contemplated by legislature for purposes of Mississippi School District Uniform Millage Assistance Grant Program. Caves, March 24, 1994, A.G. Op. #94-0150.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-22-7. Allocation of appropriations.

If state funds appropriated by the Legislature or otherwise made available by statute are insufficient to fully fund the Uniform Millage Assistance Grant Program, the Second Level Funding Program and the Emergency Fund Loss Assistance Program in any year, then any state funds made available for such programs shall be allocated by appropriation to each program in an aggregate amount which shall not exceed the total amount of state funds available.

HISTORY: Laws, 1989, ch. 510, § 4, eff from and after July 1, 1990.

Mississippi School District Emergency Bridge Loan Act

§ 37-22-25. Mississippi School District Emergency Bridge Loan program established; purpose; legislative intent; Mississippi School District Emergency Bridge Loan Fund created; repayment of loan; audit of receipts and expenditures of school districts in arrears; use of funds.

  1. This section shall be known and may be cited as the “Mississippi School District Emergency Bridge Loan Act.”
    1. There is established a bridge loan program to be administered by the State Department of Education for the purpose of assisting local school districts that suffer revenue losses as a result of an economic downturn that substantially impacts the state and local revenues available to school districts. Loan proceeds distributed to school districts shall be specifically for school district operations identified as essential by the department.
    2. It is the intent of the Legislature that the department endeavor to ensure that the costs of the administration of this section are as low as possible.
    1. There is created a special fund in the State Treasury to be designated as the “Mississippi School District Emergency Bridge Loan Fund,” referred to in this section as the “fund.”The fund shall consist of money designated for deposit in the fund from any source including, but not limited to, appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private.The fund shall be credited with all repayments of principal and interest derived from loans made from the fund.Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the State General Fund.Monies in the fund may not be used or expended for any purpose except as authorized under this section.
    2. The department shall establish a loan program by which loans may be made available to school districts to assist those school districts.Any school district that demonstrates for the current fiscal year a projected revenue loss equal to or exceeding one-third (1/3) of its revenues in the preceding fiscal year may qualify for a loan.The interest rate on loans made under this section may vary from time to time and from loan to loan and shall be at or below market interest rates as determined by the department.The department shall act as quickly as is practicable and prudent in deciding on any loan request that it receives.
    3. The aggregate amount of any loans received under this section by a school district shall not exceed one hundred percent (100%) of the difference between the revenue received by the school district to fund essential operations in the preceding fiscal year and the estimated revenue from those sources in the current fiscal year plus sixteenth section principal funds that may be expended under law, cash reserves or fund balances at the fiscal year end, as determined by the department.The State Board of Education shall set the maximum amount of any loan made under this section at an amount that will ensure the equitable distribution of the amounts available for loans to the eligible school districts.
    4. A school district that receives a loan from the fund shall pledge for repayment of the loan any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77, as may be required by the department.Each recipient of a loan shall establish a dedicated source of revenue for repayment of the loan.Before any school district shall receive a loan, it must execute with the department a loan agreement evidencing the loan, a copy of which must be filed by the department with the State Tax Commission.The loan agreement may not be construed to prohibit any recipient from prepaying any part or all of the funds received.The repayment schedule in each loan agreement shall provide for:(i) monthly payments; (ii) semiannual payments; or (iii) other periodic payments.The loan agreement shall provide for the repayment of all funds received from the fund within not more than ten (10) years. At the request of the department, the State Tax Commission shall withhold semiannually from the amount to be remitted to a school district the sum necessary to pay all or a portion of the periodic payments for the loan.
    5. A school district that receives a loan from the state which is not eligible to pledge for repayment of the loan under paragraph (d) of this subsection shall repay the loan by making payments each month to the State Treasurer through the Department of Finance and Administration for and on behalf of the department according to Section 7-7-15, to be credited to the fund in lieu of pledging homestead exemption annual tax loss reimbursement.

      Loan repayments shall be according to a repayment schedule contained in each loan agreement as required under paragraph (d) of this subsection.

    6. Evidences of indebtedness that are issued under this section may not be deemed indebtedness within the meaning specified in Section 37-59-5.
    7. The State Auditor, upon the request of the department, shall audit the receipts and expenditures of a school district if loan repayments appear to be in arrears.If the Auditor finds that the school district is in arrears in the repayments, the Auditor immediately shall notify the State Superintendent of Public Education, who may take any action necessary to enforce the terms of the loan agreement.The superintendent, in his discretion, may notify the State Tax Commission to withhold all future payments to the school district of homestead exemption annual tax loss reimbursements under Section 27-33-77 until such time that the school district is again current in its loan repayments, as certified by the department.
    8. All monies deposited in the fund may be used only for providing the loans authorized under this section.In addition, any amounts in the fund may be used to defray the reasonable costs of administering the fund.The department is authorized to use amounts available to it from the fund to contract for those facilities and staff needed to administer and provide routine management for the funds and loan program.
  4. In administering this section, the State Department of Education shall have the following powers and duties:
    1. To supervise the use of all funds made available under this section;
    2. To promulgate rules and regulations and to establish procedures in accordance with this section for the implementation of the loan program;
    3. To requisition monies in the fund and distribute those monies in accordance with this section;
    4. To maintain, in accordance with generally accepted government accounting standards, an accurate record of all monies in the fund made available to school districts under this section; and
    5. To file annually with the Legislature a report detailing how monies in the fund were spent during the preceding fiscal year in each school district.
  5. The State Bond Commission, at one time or from time to time, may declare the necessity for general funds for the purposes provided in this section, including the costs incident to the administration of the loan program.Upon approval by the State Bond Commission, the Department of Finance and Administration may transfer the necessary amount from the General Fund to the fund in ample time to discharge such loans and incidental costs.
  6. The Department of Finance and Administration, without further process of law, may certify the necessity for warrants and issue those warrants in such amounts as may be necessary to make loans under the program authorized by this section.
  7. After any state funds in the fund are no longer needed for the particular purpose for which they were appropriated, deposited or transferred into the fund, the Department of Finance and Administration shall transfer those state funds back to the particular fund or funds in the State Treasury from which they were appropriated or transferred into the fund, upon certification of the State Superintendent of Public Education that the state funds currently are not needed.

HISTORY: Laws, 2010, ch. 437, § 1, eff from and after passage (approved Mar. 25, 2010.).

Editor’s Notes —

Section 27-3-4 provides that the term “State Tax Commission” shall mean the Department of Revenue.

Chapter 23. Exceptional Children

In General

§ 37-23-1. Purpose of §§ 37-23-1 through 37-23-159; design of programs and services; accountability system.

The purpose of Sections 37-23-1 through 37-23-159 is to mandate free appropriate public educational services and equipment for exceptional children in the age range three (3) through twenty (20) for whom the regular school programs are not adequate and to provide, on a permissive basis, a free appropriate public education, as a part of the state’s early intervention system in accordance with regulations developed in collaboration with the agency designated as “lead agency” under Part C of the Individuals with Disabilities Education Act. The portion of the regulations developed in collaboration with the lead agency which are necessary to implement the programs under the authority of the State Board of Education shall be presented to the State Board of Education for adoption. This specifically includes, but shall not be limited to, provision for day schools for the deaf and blind of an age under six (6) years, where early training is in accordance with the most advanced and best approved scientific methods of instruction, always taking into consideration the best interests of the child and his improvement at a time during which he is most susceptible of improvement. Educational programs to exceptional children under the age of three (3) years shall be eligible for adequate education program funds.

All references in the laws of this state to the “Individuals with Disabilities Education Act” or to the “IDEA” shall be construed to include any subsequent amendments to that act.

The educational programs and services provided for exceptional children in Sections 37-23-1 through 37-23-15, 37-23-31 through 37-23-35, 37-23-61 through 37-23-75 and 37-23-77 shall be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success. The State Board of Education shall establish an accountability system for special education programs and students with disabilities. The system shall establish accountability standards for services provided to improve the educational skills designed to prepare children for life after their years in school. These standards shall be a part of the accreditation system and shall be implemented before July 1, 1996.

The State Department of Education shall establish goals for the performance of children with disabilities that will promote the purpose of IDEA and are consistent, to the maximum extent appropriate, with other goals and standards for children established by the State Department of Education. Performance indicators used to assess progress toward achieving those goals that, at a minimum, address the performance of children with disabilities on assessments, drop-out rates, and graduation rates shall be developed. Every two (2) years, the progress toward meeting the established performance goals shall be reported to the public.

HISTORY: Codes, 1942, §§ 6631-01, 6631-02; Laws, 1952, ch. 283, §§ 1, 2; Laws, 1956, ch. 282; Laws, 1978, ch. 461, § 1; Laws, 1991, ch. 415, § 1; Laws, 1993, ch. 602, § 5; Laws, 1994, ch. 477, § 1; Laws, 1995, ch. 572, § 1; Laws, 1999, ch. 582, § 12; Laws, 2009, ch. 368, § 1, eff from and after July 1, 2009.

Editor’s Notes —

Section 37-19-5 referred to at the end of the first paragraph was repealed by Laws of 1997, ch. 612, § 30, eff from and after July 1, 2002.

Sections 37-23-7 and 37-23-51 through 37-23-55, referred to in this section, were repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Sections 37-23-151 through 37-23-157, referred to in this section, were repealed by Laws of 1998, ch. 333, § 1, effective from and after July 1, 1998.

Section 37-23-159, referred to in this section, was repealed by Laws of 1983, ch. 531, § 2, effective from and after September 30, 1983.

Laws of 1999, ch. 582, § 17, provides:

“SECTION 17. It is the intent of the Legislature that none of the provisions of this act shall create mandates that impose financial or legal requirements upon local school districts which are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any subsequent amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of this act. Any provisions of this act which are inconsistent, create additional unfunded state mandates, or which are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.”

Laws of 2009, ch. 507, § 3, provides:

“SECTION 3. The House and Senate Education Chairmen shall appoint three (3) members of their respective committees to form a joint subcommittee to study the following:

“(a) The effectiveness of Oral/Auditory programs in teaching spoken language to the deaf so that they may compete and succeed with their hearing peers. The joint subcommittee may hear testimony from experts as well as compile data, study and report on the following:

“(i) Review the funding structure by which the state currently operates in funding deaf education;

“(ii) Conduct a study of the possibility of success in teaching spoken language before kindergarten if early intervention is properly funded;

“(iii) Determine all deaf education program requirements relating to facilities, nutrition services and transportation;

“(iv) Prepare a compilation and review of all deaf education services currently provided in Mississippi;

“(v) Study any other issues relating to deaf education programs determined to be relevant by the task force;

“(vi) Tour each deaf education program offered in the state; and

“(vii) Make appropriate findings and recommendations addressing the matters enumerated in this paragraph, including any legislative action that is considered necessary by the joint subcommittee.

“(b) In addition, the joint subcommittee may hear testimony from experts as well as compile data, study and report on the following matters: resources and programs that currently support students that have been diagnosed with Autism Spectrum Disorder, the feasibility of implementing Autism Spectrum Disorder classrooms in public school districts throughout the state, and the feasibility of implementing transition services to teenagers and adults that have been diagnosed with Autism Spectrum Disorder.

“(c) This section shall stand repealed on July 1, 2012.”

Laws of 2011, ch. 512, § 1, provides:

“SECTION 1. (1) There is created the Joint Legislative and Paraprofessional Education and Mental Health Study Committee to study and make annual recommendations to the Mississippi Legislature and to assist in shaping public policy to improve student outcomes and educational opportunities for students with serious emotional, behavioral disorders in regular and special education in the State of Mississippi. The study group shall be composed of the following members:

“(a) One (1) person who is a member of the governing body of a school district, to be appointed by the State Superintendent of Public Education;

“(b) One (1) person who is a representative of the State Department of Education, to be appointed by the State Superintendent of Public Education (no designee);

“(c) One (1) person who is the Director of Special Education services in a school district, to be appointed

“(d) One (1) person who is a representative of the State Department of Mental Health, to be appointed by the executive director of the department;

“(e) One (1) regular education teacher to be appointed by the State Superintendent of Public Education;

“(f) One (1) special education teacher to be appointed by the State Superintendent of Public Education;

“(g) The Executive Director of Mississippi Families as Allies for Children’s Mental Health;

“(h) One (1) person each who is a representative of Parent and Training Institute, Mississippi Disability Rights, Southern Echo, Mississippi Center for Justice and National Alliance on Mental Illness (NAMI), to be appointed by the executive directors of each respective organization;

“(i) One (1) person who is a representative of the Department of Rehabilitation Services appointed by the

“(j) One (1) person who is a representative of the Department of Human Services appointed by the executive director of the department;

“(k) One (1) person who is a representative of a local school district Positive Behavioral Intervention Support (PBIS) model to be appointed by the State Superintendent of Public Education;

“( l ) One (1) person who is an employee-representative of the Mississippi Association of Community Mental Health Centers to be appointed by the Governor;

“(m) One (1) person who is a nonemployee representative of the Mississippi Association of Community Mental Health Centers to be appointed by the Governor;

“(n) The Chairman of the House Public Health and Human Services Committee and the Chairman of the Senate Public Health and Welfare Committee, who will be cochairmen of the joint study committee; and

“(o) The Chairmen of the House and Senate Education Committees, who will be cochairmen of the joint study committee.

“(2) Members of the study group shall work together to insure that family members are representative of the regions of the state and the various types of relevant issues in both special education and regular education specific issues.

“(3) The study committee is tasked with the following responsibilities:

“(a) Collecting and analyzing data on out-of-school suspensions;

“(b) Collecting and analyzing data on alternative school placement;

“(c) Collecting and analyzing data on the use of corporal punishment;

“(d) Reviewing the use of Medicaid payments for mental health services in schools;

“(e) Establishing a clear defined process for requesting mental health services;

“(f) Reviewing mental health training provided for school personnel, beyond classroom management, interventions and preventions;

“(g) Promoting professional development training on disabilities and specific disorders; and

“(h) Evaluating why dropout rates for children and youth with mental health issues are higher than the average rate.

“(4) Appointments to the task force shall be made within thirty (30) days after the effective date of this act. The task force shall hold its first meeting not later than August 15, 2011, with the date, time and location of the meeting to be designated by the Executive Director of the Department of Mental Health.

“(5) Members of the task force shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the task force from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house. The task force, by approval of a majority of its membership, may accept funds that may be donated or provided in the form of grants from public or private sources.

“(6) Any department, agency or court of this state, at the request of the chairman of the task force, shall provide staff and other support necessary for the task force to perform its duties.

(7) The study committee shall report to the Governor and the Legislature by not later than January 1, 2013, at which time the study committee shall be dissolved.”

Amendment Notes —

The 1999 amendment rewrote the section.

The 2009 amendment, in the last sentence of the first paragraph, substituted “adequate education program funds” for “minimum education program funds” and deleted “as defined in Sections 37-23-3 and 37-19-5” from the end; and added the second paragraph.

Cross References —

“Exceptional” child defined, see §37-23-3.

Administration of program of education for exceptional children, see §37-23-5.

Free appropriate education defined, see §37-23-133(d).

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

ALR.

Collateral source rule: admissibility of evidence of availability to plaintiff of free public special education on issue of amount of damages recoverable from defendant. 41 A.L.R.5th 771.

Special education requirements of gifted students. 115 A.L.R.5th 183.

What constitutes services that must be provided by federally assisted schools under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C.S. §§ 1400 et seq.). 161 A.L.R. Fed. 1.

Availability of damages in action to remedy violations of individuals with Disabilities Education Act (20 U.S.C.S §§ 1400 et seq.). 165 A.L.R. Fed. 463.

What constitutes reasonable accommodation under federal statutes protecting rights of disabled individual, as regards educational program or school rules as applied to learning disabled student. 166 A.L.R. Fed. 503.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-23-3. “Exceptional child” defined; pilot project in provision of language services for children with disabilities.

  1. An exceptional child shall be defined as any child as herein defined, in the age range birth through twenty (20) years of age with an intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities and, by reason thereof, needs special education and related services. Such children shall be determined by competent professional persons in such disciplines as medicine, psychology, special education, speech pathology and social work and shall be considered exceptional children for the purposes of Sections 37-23-1 through 37-23-159. Such professional persons shall be approved by the State Department of Education. The mandate for the provision of educational programs to exceptional children shall only apply to the children in the age range three (3) through twenty (20). Children who are potentially in need of special educational and related services must be considered for the services on an individual basis.
  2. During the fiscal year 1995 and fiscal year 1996, the State Department of Education shall conduct a pilot project in one or more school districts which shall test the method of providing language services described in this subsection. For purposes of this pilot project, a child with a disability as defined in the Individuals with Disabilities Education Act (IDEA) may not be denied language services because his measured cognitive functioning is equivalent to or lower than his measured functioning level in the language area. In order for language services to be provided for a child, the measured functioning level of the child in the language area must indicate a delay relative to the child’s chronological age. Individual determination of a child’s needs must take into consideration the need for development in the language area, the need for support for basic adaptive skills in language development and the extent to which the child’s lack of ability in the language area may have interfered with academic achievement or development milestones. In the area of language development, a child’s need of alternative or augmentative communication modes and the need for language development must be considered fundamental in making their determination of need for services.
  3. The State Department of Education shall report to the Education Committees of the House of Representatives and the Senate by December 1, 1995, and December 1, 1996, on the results of the pilot project described in subsection (2) of this section. Such reports shall include, but not be limited to, the project; the number and ages of the children who applied for participation and who did participate in the pilot project; and evaluation of the benefits obtained by the children who participated in the pilot project; an estimate of the number of children who would likely utilize similar services if provided on a statewide basis; and an estimate of the cost of providing such services on a statewide basis.
  4. The State Board of Education shall promulgate regulations which ensure services are provided to children as such services are defined in this chapter.

HISTORY: Codes, 1942, § 6631-02; Laws, 1952, ch. 283, § 2; Laws, 1956, ch. 282; Laws, 1974, ch. 394, § 1; Laws, 1978, ch. 461, § 2; Laws, 1991, ch. 415, § 2; Laws, 1993, ch. 602, § 6; Laws, 1994, ch. 490, § 1; Laws, 1999, ch. 582, § 13; Laws, 2010, ch. 476, § 11, eff from and after passage (approved Apr. 1, 2010.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in subsection (2) by changing “the measure functioning level of the child” to “the measured functioning level of the child” in the third sentence, and changing “language development an the extent” to “language development and the extent” in the next-to-last sentence. The Joint Committee ratified these corrections at its July 22, 2010, meeting.

Editor’s Notes —

Sections 37-23-7 and 37-23-51 through 37-23-55, referred to in this section, were repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Sections 37-23-151 through 37-23-157, referred to in this section, were repealed by Laws of 1998, ch. 333, § 1, effective from and after July 1, 1998.

Section 37-23-159, referred to in this section, was repealed by Laws of 1983, ch. 531, § 2, effective from and after September 30, 1983.

Laws of 1999, ch. 582, § 17, provides:

“SECTION 17. It is the intent of the Legislature that none of the provisions of this act shall create mandates that impose financial or legal requirements upon local school districts which are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any subsequent amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of this act. Any provisions of this act which are inconsistent, create additional unfunded state mandates, or which are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.”

Amendment Notes —

The 1999 amendment, in (1), substituted “with mental retardation . . . needs special education and related services” for “for whose particular . . . or physical handicaps” in the first sentence, and inserted “special” in the last sentence.

The 2010 amendment substituted “an intellectual disability” for “mental retardation” in the first sentence in (1).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Private contracts for transporting exceptional children to public schools, see §37-41-31.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 175 et seq., 479 et seq.

Law Reviews.

Aids in the Classroom. 58 Miss. L. J. 349, Fall 1988.

Practice References.

IDEA Reauthorized (Michie).

§ 37-23-5. Administration of program of education for exceptional children.

Except as otherwise provided in Laws, 1999, Chapter 582, the State Department of Education is empowered to foster, inspect, approve and administer a program of education for exceptional children. The State Department of Education shall make the necessary rules and regulations in keeping with the provisions of Sections 37-23-1 through 37-23-9 and applicable federal laws and regulations which are not in conflict with Mississippi law for its proper administration and shall employ such personnel as may be necessary to administer such program.

The department shall require that the program of education for exceptional children be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.

HISTORY: Codes, 1942, § 6631-03; Laws, 1952, ch. 283, § 3; Laws, 1956, ch. 284; Laws, 1960, ch. 295, § 4; Laws, 1978, ch. 461, § 3; Laws, 1995, ch. 572, § 2; Laws, 1999, ch. 582, § 14, eff from and after July 1, 1999.

Joint Legislative Committee Note —

In the second sentence of the section, the reference to “provision of Sections 37-23-1 through 37-23-9” was changed to “provisions of Sections 37-23-1 through 37-23-9” in 2007 at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation. The correction was ratified by the Joint Committee, pursuant to Section 1-1-109, at the Committee’s August 5, 2008, meeting.

Editor’s Notes —

Laws of 1999, ch. 582, § 17, provides:

“SECTION 17. It is the intent of the Legislature that none of the provisions of this act shall create mandates that impose financial or legal requirements upon local school districts which are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any subsequent amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of this act. Any provisions of this act which are inconsistent, create additional unfunded state mandates, or which are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.”

Section 37-23-7, referred to in this section, was repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Amendment Notes —

The 1999 amendment added “Except as otherwise provided in Laws, 1999, Chapter 582” in the first sentence.

Cross References —

Duty of state board of education to adopt course of study to be used in state public schools, see §37-1-3.

Design of educational programs and services for exceptional children, see §37-23-1.

“Exceptional” child defined, see §37-23-3.

RESEARCH REFERENCES

Practice References.

IDEA Reauthorized (Michie).

§ 37-23-7. Repealed.

Repealed by Laws, 1978, ch. 461, § 16, eff from and after July 1, 1978.

[Codes, 1942, § 6631-06; Laws, 1952, ch. 283, § 6; Laws, 1960, ch. 295, § 5; Laws, 1973, ch. 306, § 1; Laws, 1974, ch. 394, § 2]

Editor’s Notes —

Former §37-23-7 provided for the establishment of special classes.

§ 37-23-9. Courses of study, methods of teaching, and qualifications of instructors.

Except as otherwise provided in Laws, 1999, Chapter 582, course of study, teacher-pupil ratio, adequacy of methods of instruction, in-service training qualifications of teachers and technicians, and necessary equipment for special education must comply with the requirements established by the state department of education. Boards of trustees of the districts wherein a special class or classes are established are to employ teachers as provided by law for the purpose of teaching the established special classes.

HISTORY: Codes, 1942, § 6631-07; Laws, 1952, ch. 283, § 7; Laws, 1960, ch. 295, § 6, eff July 1, 1960; Laws, 1999, ch. 582, § 15, eff from and after July 1, 1999.

Editor’s Notes —

Laws of 1999, ch. 582, § 17, provides:

“SECTION 17. It is the intent of the Legislature that none of the provisions of this act shall create mandates that impose financial or legal requirements upon local school districts which are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any subsequent amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of this act. Any provisions of this act which are inconsistent, create additional unfunded state mandates, or which are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.”

Amendment Notes —

The 1999 amendment added “Except as otherwise provided in Laws, 1999, Chapter 582” in the first sentence.

RESEARCH REFERENCES

ALR.

Special education requirements of gifted students. 115 A.L.R.5th 183.

§ 37-23-11. Repealed.

Repealed by Laws of 2010, ch. 353, § 1, effective July 1, 2010.

§37-23-11. [Codes, 1930, § 6557; 1942, §§ 6245-07, 6245-07.5; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, § 7; Laws, 1966, ch. 418, § 1; Laws, 1970, ch. 364, § 1; Laws, 1982, Ex Sess, ch. 17, § 15; Laws, 1986, ch. 434, § 4; Laws, 2006, ch. 550, § 1, eff from and after July 1, 2006.]

Editor’s Notes —

Former §37-23-11 provided for a due process hearing regarding an exceptional child’s identification, evaluation or educational placement.

§ 37-23-13. Compliance by school boards with Americans with Disabilities Act; funding of reader machines or persons for visually impaired teachers.

  1. The school board of any school district is hereby authorized to comply with the provisions of the Federal Americans with Disabilities Act of 1990 (42 U.S.C.S. Sections 12101-12213 (West Supp. 1991)) by making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the school board can demonstrate that the accommodation would impose an undue hardship on the operation of the school. The school board of any such school district determining that such accommodation is required and reasonable may, by resolution spread upon its minutes, apply to the State Department of Education for funds to defray the cost of providing qualified reader machines or persons, as determined by the school board to be in the best interest of the individual teacher, for visually-impaired classroom teachers in compliance with said federal law.
  2. The State Department of Education, within the availability of funds appropriated for such purpose, may expend funds for the purpose of defraying the expenses of school districts in providing qualified reader machines or persons, as determined by the school board to be in the best interest of the individual teacher, for visually-impaired classroom teachers under the said Americans with Disabilities Act of 1990, with the approval of the State Board of Education. The department shall, by regulation, prescribe a method and necessary forms for the purpose of school districts’ applications for funds as authorized herein.

HISTORY: Laws, 1993, ch. 501, § 1, eff from and after July 1, 1993.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

RESEARCH REFERENCES

ALR.

What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS §§ 12101-12213). 141 A.L.R. Fed. 603.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

§ 37-23-15. Pilot programs for testing and educational remediation for dyslexia and related disorders.

  1. The State Department of Education, in accordance with Sections 37-23-1 through 37-23-75, and any additional authority granted in this chapter, shall:
    1. Adopt pilot programs under which certain students enrolled or enrolling in public schools in this state shall be tested for dyslexia and related disorders as may be necessary. The pilot programs shall provide that upon the request of a parent, student, school nurse, classroom teacher or other school personnel who has reason to believe that a student has a need to be tested for dyslexia, such student shall be reviewed for appropriate services. However, a student shall not be tested for dyslexia whose parent or guardian objects thereto on grounds that such testing conflicts with his conscientiously held religious beliefs.
    2. In accordance with the pilot programs adopted by the State Department of Education, such school boards shall provide remediation in an appropriate multi-sensory, systematic language-based regular education program or programs, as determined by the school district, such as the Texas Scottish Rite Hospital Dyslexia Training Program, pertinent to the child’s physical and educational disorders or the sensory area in need of remediation for those students who do not qualify for special education services.
    3. The State Department of Education, by not later than January 1, 1997, shall make recommendations to the school boards designated for the pilot programs for the delivery of services to students who are identified as dyslexic.
    4. For the purposes of this section:
      1. “Dyslexia” means a language processing disorder which may be manifested by difficulty processing expressive or receptive, oral or written language despite adequate intelligence, educational exposure and cultural opportunity. Specific manifestations may occur in one or more areas, including difficulty with the alphabet, reading comprehension, writing and spelling.
      2. “Related disorders” shall include disorders similar to or related to dyslexia such as developmental auditory imperception, dysphasia, specific developmental dyslexia, dyspraxia, developmental dysgraphia and developmental spelling disability.
    5. Local school districts designated for the pilot programs may utilize any source of funds other than minimum program funds to provide any services under this section.
    6. Nothing in this section shall be construed to require any school district to implement this section unless the local school board, by resolution spread on its minutes, voluntarily agrees to comply with this section and any regulations promulgated under this section. Any local school board may withdraw from participation in the program authorized under this section by providing written notice of its determination to withdraw to the State Department of Education no later than June 1 of the preceding fiscal year.
  2. State funding for the pilot programs for testing students for dyslexia shall be subject to the availability of funds specifically appropriated therefor by the Legislature.
  3. The State Department of Education shall prepare a report for the 1999 Regular Session of the Legislature to be submitted to the Chairmen of the Education Committees of the Senate and House of Representatives not later than November 1, 1998, with recommendations as to the effectiveness of the pilot programs for students with dyslexia and whether or not the pilot programs should be expanded or discontinued.

HISTORY: Laws, 1994, ch. 429, § 1; Laws, 1996, ch. 541, § 1; Laws, 1997, ch. 407, § 1; Laws, 1999, ch. 429, § 1; Laws, 2001, ch. 546, § 1; Laws, 2007, ch. 402, § 1, eff from and after July 1, 2007.

Editor’s Notes —

Sections 37-23-7 and 37-23-51 through 37-23-55, referred to in this section, were repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Amendment Notes —

The 2001 amendment deleted former (4), which contained an automatic repealer for this section.

The 2007 amendment inserted “dyspraxia” following “specific developmental dyslexia” in (1)(d)(ii).

§ 37-23-16. Early literacy and numeracy screening assessment instruments; selection; use; funding.

    1. The State Department of Education shall select early literacy and numeracy screening assessment instrument or instruments to be used throughout the state in the screening of students in Kindergarten through Grade 3.
    2. All school districts shall use the literacy and numeracy screening instrument or instruments selected by the department; however, no literacy or numeracy screening instrument or instruments shall be used by school districts for the purpose of determining whether or not a student will be promoted to the next grade level. For the purposes of this section, “literacy” means ability to read and write and “numeracy” means fluency in understanding numbers and mathematical operations.
  2. In addition to those funds that are appropriated by the Legislature, the State Department of Education may receive and expend funds made available to the department from any source, including any federal or other governmental agency, private business, industry, foundation or other organization, to screen students for literacy and numeracy difficulties.
  3. The State Department of Education shall establish a reporting system for school districts in order to monitor the effectiveness of the literacy or numeracy screening assessment instruments. The department shall require school districts to annually submit data requested by the department which may be utilized to determine whether or not the assessment instruments are accurately identifying students in need.
  4. The requirements of this section shall be effective beginning with the 2008-2009 school year and compliance with the mandates of this section shall be subject to appropriation by the Legislature.

HISTORY: Laws, 2007, ch. 402, § 2; Laws, 2011, ch. 442, § 17, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment deleted former (4), which read: “The department shall prepare an annual report on the effectiveness of the literacy and numeracy screening assessment instruments and the overall effectiveness of the testing, which report must be submitted to the Chairmen of the Education Committees of the Senate and House of Representatives not later than November 1 of each year”; and redesignated former (5) as (4).

State-Supported College and University Education Programs for Special Children

§ 37-23-31. Establishment of education program for deaf, aphasic and emotionally disturbed children; rights of parents or guardians regarding placement or education programs.

  1. When five (5) or more children under twenty-one (21) years of age who because of deafness, aphasia, emotional disturbance and/or other low-incidence conditions, are unable to have their educational needs met in a regular public school program, and a special education program in their particular areas of exceptionality is not available in their respective local public school districts, a state-supported university or college shall be authorized and empowered, in its discretion, to provide a program of education, instruction and training to such children, provided that such program shall operate under rules, regulations, policies and standards adopted by the State Department of Education as provided for in Section 37-23-33. The opinion of a parent or guardian in regard to the provision of an appropriate special education program in or by their respective local public school district shall be considered before a placement decision is finalized. Parents shall have any and all rights as provided in the Individuals with Disabilities Education Act, including, but not limited to, the right to equal participation in their child’s Individualized Education Program (IEP), the right to require review of their child’s IEP, and the right to appeal an IEP Committee decision immediately. The parent or guardian or local educational agency shall have the right to audio record the proceedings of individualized education program team meetings. The parent or guardian or local educational agency shall notify the members of the individualized education program team of his, her, or its intent to audio record a meeting at least twenty-four (24) hours prior to the meeting.
  2. Any state-supported university or college conducting a full-time medical teaching program acceptable to the State Board of Education may, at its discretion, enter into such contracts or agreements with any private school or nonprofit corporation-supported institution, the Mississippi School for the Deaf, or any state-supported institution, providing the special education contemplated by this section for such services, provided the private school or institution offering such services shall have conducted a program of such services at standards acceptable to the State Department of Education for a period of at least one (1) year prior to the date at which the university or college proposes to enter into an agreement or contract for special educational services as described above.

HISTORY: Codes, 1942, § 6631-21; Laws, 1966, ch. 430, § 1; Laws, 1978, ch. 461, § 5; Laws, 1995, ch. 574, § 1, eff July 1, 1995; Laws, 2012, ch. 548, § 2, eff from and after July 1, 2012.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a statutory reference in (1). The reference to “Section 37-23-93” was changed to read “Section 37-23-33.” The Joint Committee ratified the change at its August 5, 2008, meeting.

Amendment Notes —

The 2012 amendment added the last two sentences in (1).

Cross References —

Exceptional child defined, see §37-23-3.

IEP defined, see §37-23-133(e).

Implementation and maintenance of post-secondary educational programs of services for hearing-impaired students, see §37-33-81.

Mississippi School for the Deaf, see §43-5-1.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

Practice References.

IDEA Reauthorized (Michie).

§ 37-23-33. Powers and duties of board and department of education.

Such program of education, instruction and training as is provided for in Section 37-23-31 shall be furnished in such manner as shall be provided by rules and regulations adopted by the State Board of Education, which for such purposes shall have the full power to adopt such rules, regulations, policies and standards as it may deem necessary to carry out the purpose of Sections 37-23-31 through 37-23-35, including the establishment of qualifications of any teachers employed under the provisions thereof. It is expressly provided, however, that no program of education, instruction and training shall be furnished except in a university or college supported by the State of Mississippi and only in cases where such university or college shall consent thereto and shall provide any classroom space, furniture and facilities which may be deemed necessary in carrying out the provisions of those sections.

The State Department of Education shall require that the program of education, instruction and training be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.

HISTORY: Codes, 1942, § 6631-22; Laws, 1966, ch. 430, § 2; Laws, 1995, ch. 572, § 3, eff from and after July 1, 1995.

Cross References —

Duty of state board of education to adopt course of study to be used in state public schools, see §37-1-3.

State Department of Education generally, see §§37-3-1 et seq.

Implementation and maintenance of post-secondary educational programs of services for hearing-impaired students, see §37-33-81.

§ 37-23-35. Payment for education of students attending program.

When any children who are residents of the State of Mississippi and qualify under the provisions of Section 37-23-31, shall be provided a program of education, instruction and training within a school under the provisions of said section, the State Department of Education shall allocate one (1) teacher unit for each approved class. The allocation of funds for each teacher unit shall be based on the teacher’s certification and shall be in accordance with Sections 37-19-1 through 37-19-41 of the code. The university or college shall be eligible for state and federal funds for such programs on the same basis as local school districts. The university or college shall be responsible for providing for the additional costs of the program.

HISTORY: Codes, 1942, § 6631-23; Laws, 1966, ch. 430, § 3; Laws, 1978, ch. 461, § 6; Laws, 1988, ch. 423, eff from and after July 1, 1988.

Editor’s Notes —

Sections 37-19-1 through 37-19-5, 37-19-9 through 37-19-11, 37-19-15 through 37-19-19, 37-19-21, 37-19-23, and 37-19-25 through 37-19-41, referred to in this section, were repealed by Laws of 1997, ch. 612, § 30, eff from and after July 1, 2002.

Section 37-19-13, referred to in this section, was repealed by Laws of 1997, ch. 545, § 30, effective from and after passage (approved April 10, 1997), and by Laws of 1997, Ch. 612, § 30, effective from and after July 1, 2002.

Sections 37-19-20 and 37-19-22, referred to in this section, were repealed by Laws of 2002, ch. 551, § 6, effective from and after July 1, 2002.

Section 37-19-24, referred to in this section, was repealed by Laws of 1999, ch. 494, § 4, effective from and after July 1, 2002.

Cross References —

Implementation and maintenance of post-secondary educational programs of services for hearing-impaired students, see §37-33-81.

Payments for Instruction of Children Requiring Special Education in Certain Counties [Repealed]

§§ 37-23-51 and 37-23-55. Repealed.

Repealed by Laws, 1978, ch. 461, § 16, eff from and after July 1, 1978.

§37-55-51. [Codes, 1942, § 6631-25; Laws, 1968, ch. 420, § 1]

§37-23-55. [Laws 1972, ch. 390, § 1]

Editor’s Notes —

Former §37-23-51 authorized the board of education of certain counties to pay for instruction of children requiring special education.

Former §37-23-55 authorized the board of trustees of any municipal separate school district of a municipality having a population of more than 150,000 to pay private schools for furnishing special education services to qualified residents of the district.

Financial Assistance to Exceptional Children Attending Private or Parochial Schools

§ 37-23-61. “Child” defined.

As used in Sections 37-23-61 through 37-23-75, the word “child” shall mean any child who cannot pursue all regular classwork due to reasons of defective hearing, vision, speech, intellectual disability, or other mental or physical conditions as determined by competent medical authorities and psychologists. Those medical authorities and psychologists shall be approved by the State Department of Education.

HISTORY: Codes, 1942, § 6631-54; Laws, 1971, ch. 304, § 4; Laws, 1978, ch. 461, § 7; Laws, 2010, ch. 476, § 12, eff from and after passage (approved Apr. 1, 2010.).

Amendment Notes —

The 2010 amendment substituted “intellectual disability” for “mental retardation” in the first sentence; and made a minor stylistic change in the last sentence.

Cross References —

Exceptional child defined, see §37-23-3.

Education of child within meaning of this section who is under legal guardianship of state department of public welfare, see §37-23-77.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

The statutory scheme providing monetary tuition to students attending private, non-parochial schools, as applied, fell outside the parameters of constitutionally permissible state action where the amount of state aid was significant and where the aid was made available to all private schools, unlimited by a nondiscrimination certification procedure. Bishop v. Starkville Academy, 442 F. Supp. 1176, 1977 U.S. Dist. LEXIS 12148 (N.D. Miss. 1977).

§ 37-23-63. Eligibility to receive state and federal financial assistance.

Every child who is a resident citizen of the State of Mississippi under twenty-one (21) years of age, who cannot pursue all regular class work due to reasons of defective hearing, vision, speech, intellectual disability or other mental or physical conditions as determined by competent medical authorities and psychologists, who has not finished or graduated from high school, and who is in attendance in a private school, parochial school or speech, hearing and/or language clinic that is accredited by a state or regional accrediting agency or approved/licensed by the State Department of Education, shall be eligible and entitled to receive state financial assistance in the amount set forth in Section 37-23-69. Exceptional children as defined in Section 37-23-3(1) and who are certified by the designated state authority as requiring inpatient care in a private intermediate care facility for the mentally retarded or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state and federal financial assistance under the provisions of Section 37-23-69, as allowable and available, if an approved private school is operated as an integral part of the facility that provides twenty-four (24) hours a day monitoring, treatment and education.

HISTORY: Codes, 1942, § 6631-51; Laws, 1971, ch. 304, § 1; Laws, 1975, ch. 487, § 1; Laws, 1978, ch. 461, § 8; Laws, 1983, ch. 529, § 1; Laws, 1991, ch. 546, § 1; Laws, 1993, ch. 401, § 1; Laws, 1993, ch. 602, § 7; Laws, 2004, ch. 573, § 1; Laws, 2010, ch. 476, § 13; Laws, 2011, ch. 513, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2004 amendment in the second sentence, added “Exceptional ” preceding “children” and inserted “as defined in Section 37-23-3(1) and” thereafter; and made a minor stylistic change.

The 2010 amendment substituted “intellectual disability” for “mental retardation” in the first sentence.

The 2011 amendment inserted “and federal” preceding “financial assistance under the provisions of Section 37-23-69” and “as allowable and available” thereafter in the last sentence.

Cross References —

Exceptional child defined, see §37-23-3.

Child defined, see §37-23-61.

Hearings on denials of financial assistance, appeals, see §37-23-73.

Education of child within meaning of this section who is under legal guardianship of state department of human services, see §37-23-77.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 449 et seq., 468-470.

CJS.

78A C.J.S., Schools and School Districts §§ 1111-1116.

§ 37-23-65. General powers and duties of department of education.

The State Department of Education is authorized and directed to promulgate rules and regulations for the payment of such financial assistance and the administration of Sections 37-23-61 through 37-23-75 generally.

The State Department of Education shall have the authority to promulgate and enforce reasonable rules and regulations establishing standards for administration of the program contemplated by Sections 37-23-61 through 37-23-75, consistent with the maintenance of high quality programs for the benefit of the exceptional children served.

The State Department of Education shall require that the programs for which children are eligible for financial assistance under Sections 37-23-61 through 37-23-75 be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.

HISTORY: Codes, 1942, §§ 6631-52, 6631-54; Laws, 1971, ch. 304, §§ 2, 4; Laws, 1995, ch. 572, § 4, eff from and after July 1, 1995.

Editor’s Notes —

Child defined, see §37-23-61.

Cross References —

Duty of state board of education to adopt course of study to be used in state public schools, see §37-1-3.

State Department of Education of generally, see §§37-3-1 et seq.

Exceptional child defined, see §37-23-3.

§ 37-23-67. Receipt and administration of funds.

The State Department of Education shall have the power to receive and administer all funds for or hereafter appropriated to, provided for, or otherwise accruing to, the State Department of Education for the purpose of providing financial assistance to students attending private schools, parochial schools or speech, hearing and/or language clinics that are accredited by a state or regional accrediting agency or approved/licensed by the State Department of Education, for the purpose of defraying the cost of the administration of Sections 37-23-61 through 37-23-75, and for any and all purposes necessary or proper for the administration of the provisions of said sections.

HISTORY: Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1983, ch. 529, § 2; Laws, 1993, ch. 602, § 8, eff from and after July 1, 1993.

§ 37-23-69. Determination and payment of financial assistance; application of funds by receiving institutions.

The State Department of Education may determine and pay the amount of the financial assistance to be made available to each applicant, and see that all applicants and the programs for them meet the requirements of the program for exceptional children. No financial assistance shall exceed the obligation actually incurred by the applicant for educational costs, which shall include special education and related services as defined by the Mississippi Department of Education Policies and Procedures Regarding Children with Disabilities under the federal Individuals with Disabilities Education Act (IDEA). Within the amount of available state funds appropriated for that purpose, each such applicant may receive assistance according to the following allowances:

If the applicant chooses to attend a private school, a parochial school or a speech, hearing and/or language clinic having an appropriate program for the applicant, and if the school or clinic meets federal and state regulations, then the educational costs reimbursement will be one hundred percent (100%) of the first Six Hundred Dollars ($600.00) in educational costs charged by the school or clinic; or, if the applicant is under six (6) years of age, and no program appropriate for the child exists in the public schools of his domicile, then the reimbursement shall be one hundred percent (100%) of the first Six Hundred Dollars ($600.00) in educational costs charged by the school or clinic, and fifty percent (50%) of the next Eight Hundred Dollars ($800.00) in educational costs charged by the school or clinic;

A public school district shall be reimbursed for the educational costs of an applicant up to an annual maximum based on a multiple of the base student cost as determined under the Mississippi Adequate Education Program (MAEP) or other cost factor as determined by the State Board of Education if the following conditions are met: (i) an applicant in the age range six (6) through twenty (20) requests the public school district where he resides to provide an education for him and the nature of the applicant’s educational problem is such that, according to best educational practices, it cannot be met in the public school district where the child resides; (ii) the public school district decides to provide the applicant a free appropriate education by placing him in a private school, a parochial school or a speech, hearing and/or language clinic having an appropriate program for the applicant; (iii) the program meets federal and state regulations; and (iv) the applicant is approved for financial assistance by a State Level Review Board established by the State Board of Education. The Review Board will act on financial assistance requests within five (5) working days of receipt. Nothing in this paragraph shall prevent two (2) or more public school districts from forming a cooperative to meet the needs of low incidence exceptional children, nor shall the public school be relieved of its responsibility to provide an education for all children. If state monies are not sufficient to fund all applicants, there will be a ratable reduction for all recipients receiving state funds under this section. School districts may pay additional educational costs from available federal, state and local funds.

If an exceptional child, as defined in Section 37-23-3, is placed in a therapeutic or other group home licensed or approved by the state that has no educational program associated with it, the local school district in which the home is located shall offer an appropriate educational program to that child.

At any time that the Individualized Education Program (IEP) Committee in the district where the home is located determines that an exceptional child, as defined in Section 37-23-3, residing in that home can no longer be provided a free appropriate public education in that school district, and the State Department of Education agrees with that decision, then the State Department of Education shall recommend to the Department of Human Services placement of the child by the Department of Human Services, which shall take appropriate action. The placement of the exceptional child in the facility shall be at no cost to the local school district. Funds available under Sections 37-23-61 through 37-23-77, as well as any available federal funds, may be used to provide the educational costs of the placement. If the exceptional child is under the guardianship of the Department of Human Services or another state agency, the State Department of Education shall pay only for the educational costs of that placement, and the other agency shall be responsible for the room, board and any other costs. The special education and related services provided to the child shall be in compliance with State Department of Education and any related federal regulations. The State Board of Education may promulgate regulations that are necessary to implement this section; and

If an appropriate local or regional system of care, including a free appropriate public education, is available for exceptional children who are currently being served in out-of-district or Department of Human Services placements under Section 37-23-69(b) or 37-23-77, then the state funds from the State Department of Education that would have been used for those placements may be paid into a pool of funds with funds from other state agencies to be used for the implementation of the individualized plans of care for those children. If there are sufficient funds to serve additional exceptional children because of cost savings as a result of serving these students at home and/or matching the pooled funds with federal dollars, the funds may be used to implement individualized plans of care for those additional exceptional children. Each local or regional provider of services included in the individualized plans of care shall comply with all appropriate state and federal regulations. The State Board of Education may promulgate regulations that are necessary to implement this section.

The State Department of Education may also provide for the payment of that financial assistance in installments and for proration of that financial assistance in the case of children attending a school or clinic for less than a full school session and, if available funds are insufficient, may allocate the available funds among the qualified applicants and local school districts by reducing the maximum assistance provided for in this section.

Any monies provided an applicant under Sections 37-23-61 through 37-23-75 shall be applied by the receiving educational institution as a reduction in the amount of the educational costs paid by the applicant, and the total educational costs paid by the applicant shall not exceed the total educational costs paid by any other child in similar circumstances enrolled in the same program in that institution. However, this limitation shall not prohibit the waiving of all or part of the educational costs for a limited number of children based upon demonstrated financial need, and the State Department of Education may adopt and enforce reasonable rules and regulations to carry out the intent of these provisions.

HISTORY: Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1973, ch. 329, § 1; Laws, 1975, ch. 487, § 2; Laws, 1978, ch. 461, § 9; Laws, 1983, ch. 529, § 3; Laws, 1993, ch. 602, § 9; Laws, 1994, ch. 419, § 1; Laws, 2004, ch. 573, § 2, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote the section.

Cross References —

Exceptional child defined, see §37-23-3.

Child defined, see §37-23-61.

Eligibility to receive financial aid, see §37-23-63.

Hearings on denials of financial assistance, see §37-23-73.

Mississippi Adequate Education Program, see §§37-151-1 et seq.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

Practice References.

IDEA Reauthorized (Michie).

§ 37-23-71. Commitments for payment of financial assistance.

Upon approving the application for financial assistance, the state department of education shall issue its commitment in writing to the parent or guardian of, or person standing in loco parentis to the applicant, or to the public school district, which said commitment shall be for a specified amount for each day. Payments made under such commitment shall be made by the department, in accordance with the terms of the commitment, and each commitment shall be conditioned upon the applicant’s attendance in accordance with his application and the provisions of Sections 37-23-61 through 37-23-75.

HISTORY: Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1978, ch. 461, § 10, eff from and after July 1, 1978.

§ 37-23-73. Hearings on denials of financial assistance; appeals.

In the event of disapproval by the state department of education of an application for financial assistance payable from department funds, the department shall give notice to the applicant, through the parent or guardian of, or person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, may, within ten (10) days after receipt of such notice, apply to the state board of education for a hearing, and shall be given a prompt and fair hearing on the question of entitlement to such financial assistance. The board shall render prompt decision upon such hearing. If the board shall affirm the previous action of disapproval of the application, notice shall be given to the applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant aggrieved by the action of the board may, through the parent or guardian of, or the person standing in loco parentis to, the applicant or to the public school district within ten (10) days after receipt of such notice, file a petition in the chancery court of the county in which applicant resides for a hearing in the matter on all questions of fact and of law. The petition shall be served upon the state superintendent of public education. Within thirty (30) days after service of the petition, the board shall prepare and deposit a certified transcript of the record in the case in the office of the clerk of the court, which record shall include a copy of the application and any official findings, orders and rulings of the board in the case. The state board of education shall have thirty (30) days after the service of the petition within which to appear and file exceptions, answers or other pleadings. Additional time for preparation of the certified transcript of the record and for appearing and filing exceptions, answers or other pleadings may be granted to the board by order of the court. The court, after considering the law, the pleadings and such evidence as may be adduced in the case, may modify, affirm or reverse the findings of the board and make, issue and enter its judgment accordingly. Appeal from any such judgment shall be subject to the procedures applicable to appeals in ordinary civil actions.

HISTORY: Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1978, ch. 461, § 11, eff from and after July 1, 1978.

Cross References —

Eligibility to receive financial assistance, see §37-23-63.

Determination and payment of financial assistance, see §37-23-69.

§ 37-23-75. Offenses and penalties.

It shall be unlawful for any person to obtain, seek to obtain, expend, or seek to expend, any financial assistance funds for any purpose other than in payment of or in reimbursement for the tuition costs for the attendance of his child or ward at a private school, parochial school or speech, hearing and/or language clinic. A violation of this section shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars ($500.00), by imprisonment for not more than six (6) months in jail, or both.

HISTORY: Codes, 1942, § 6631-53; Laws, 1971, ch. 304, § 3; Laws, 1983, ch. 529, § 4, eff from and after July 1, 1983.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Exceptional Children Under State Guardianship

§ 37-23-77. Education of exceptional children under guardianship of Department of Human Services.

If a child, as defined in Sections 37-23-61 and 37-23-63, is under the legal guardianship of the State Department of Human Services, or any other state agency, and for whom no foster parents are available and no state-funded institution placement is available, funds available under Section 37-23-1 et seq. may be used to provide for the education of the child in an institution approved by the Department of Human Services and the State Department of Education. However, if the educational services needed by the child are available in a state funded institution, these funds shall not be used to pay for educational services at that institution. At any such time a child is taken out of a school setting and placed under the custody of the Department of Human Services, the department shall immediately notify the State Department of Education and apply for funds for the child’s educational services under Section 37-23-1 et seq. and the State Department of Education shall respond to the application within ten (10) working days. The special education and related services provided for this child shall be provided in compliance with State Department of Education regulations. The State Department of Education shall promulgate such regulations as are necessary to implement this section.

The State Department of Education shall require that the special education and related services provided for the children under this section be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.

HISTORY: Laws, 1981, ch. 526, § 1; Laws, 1994, ch. 550, § 1; Laws, 1995, ch. 572, § 5; Laws, 2004, ch. 573, § 3, eff from and after July 1, 2004.

Editor’s Notes —

Sections 37-23-7 and 37-23-51 through 37-23-55, referred to in this section, were repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Sections 37-23-151 through 37-23-157, referred to in this section, were repealed by Laws of 1998, ch. 333, § 1, effective from and after July 1, 1998.

Section 37-23-159, referred to in this section, was repealed by Laws of 1983, ch. 531, § 2, effective from and after September 30, 1983.

Amendment Notes —

The 2004 amendment rewrote the first sentence in the introductory paragraph and made minor stylistic changes.

Cross References —

Exceptional child defined, see §37-23-3.

RESEARCH REFERENCES

Practice References.

IDEA Reauthorized (Michie).

Development Center for Retarded and Handicapped Children

§ 37-23-91. Authorization for establishment.

The board of education in any Class 1 county of the state having a total population of more than one hundred thousand (100,000) according to the 1960 census and having a total assessed valuation in excess of Sixty Million Dollars ($60,000,000.00), bordering on the Gulf of Mexico and in which there is a federal military base, under the methods set out in Sections 37-23-91 through 37-23-111, may establish a child development center for children in the county who have an intellectual or physical disability or are otherwise unable to attend public school, including, but not limited to, any child of educable or trainable mind under twenty-one (21) years of age for whose particular educational needs institutional care and training are not available in such county, or who cannot pursue regular classwork due to reason or reasons of defective hearing, vision, speech, intellectual disability or physical conditions, as determined by competent medical authorities and psychologists who are approved by the State Board of Education. This specifically includes, but shall not be limited to, provision for the deaf and blind of an age under six (6) years, where early training is in accordance with the most advanced and best approved scientific methods of instruction, always taking into consideration the best interests of the child and his improvement at a time during which he is most susceptible to improvement.

HISTORY: Codes, 1942, § 6631-31; Laws, 1968, ch. 423, § 1; Laws, 2010, ch. 476, § 14, eff from and after passage (approved Apr. 1, 2010.).

Amendment Notes —

The 2010 amendment, in the first sentence, substituted “who have an intellectual or physical disability” for “who are mentally or physically retarded” and “intellectual disability” for “mental retardation”; and made minor stylistic changes.

Cross References —

Exceptional child defined, see §37-23-3.

Procedure for establishment of child development center, see §37-23-99.

Bonds for construction of center, see §37-23-101.

Tax Levy, see §37-23-103.

Location of center, see §37-23-111.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-23-93. Eligibility for attendance.

Any such child in such county shall be eligible to attend the center regardless of the school district within the county in which he lives.

HISTORY: Codes, 1942, § 6631-32; Laws, 1968, ch. 423, § 2, eff from and after passage (approved June 21, 1968).

Cross References —

Exceptional child defined, see §37-23-3.

§ 37-23-95. Employment of teachers and other personnel.

The county board of education may employ such trained teachers and other personnel as it deems necessary for the proper administration and management of a child development center.

HISTORY: Codes, 1942, § 6631-33; Laws, 1968, ch. 423, § 3, eff from and after passage (approved June 21, 1968).

§ 37-23-97. Acquisition of necessary lands, equipment and furnishings; acceptance of grants.

The county board of education may acquire necessary lands, equipment and furnishings by purchase, barter, gift or otherwise and may participate in federal or private grants for the construction, development or operation of such a center.

HISTORY: Codes, 1942, § 6631-34; Laws, 1968, ch. 423, § 4, eff from and after passage (approved June 21, 1968).

§ 37-23-99. Procedure for establishment.

The county board of education shall initiate the establishment of such a center by adoption of a resolution stating its intention and shall transmit to the board of supervisors of its county a properly certified copy of such resolution stating its intention to establish a child development center, including estimated costs of land purchase, construction and operational costs per year and the proposed sources of the necessary revenues. The board of supervisors shall make an independent investigation and confirm or deny the need and practicality for such a center.

HISTORY: Codes, 1942, § 6631-35; Laws, 1968, ch. 423, § 5, eff from and after passage (approved June 21, 1968).

Cross References —

Authorization for establishment of child development center, see §37-23-91.

Bonds for construction of center, see §37-23-101.

Tax levy, see §37-23-103.

Location of center, see §37-23-111.

§ 37-23-101. Bonds.

If the board of supervisors shall confirm the action of the county board of education, then the board of supervisors may issue bonds in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to bear the expense, or a portion of it, for the construction of such center. The bonds shall be for a period not to exceed twenty-five (25) years at a rate of interest not to exceed six percent (6%) per annum. Said bonds so issued shall be full faith and credit obligations of such county. The principal of and interest on same shall be paid out of funds made available by said board of supervisors by the annual ad valorem tax levied upon all of the taxable property within the county in an amount necessary to pay the interest thereon as the same becomes due to be paid, and the principal of said bonds as the same falls due to be paid.

HISTORY: Codes, 1942, § 6631-36; Laws, 1968, ch. 423, § 6, eff from and after passage (approved June 21, 1968).

Cross References —

Authorization for establishment of child development center, see §37-23-91.

Procedure for establishment of child development center, see §37-23-99.

Tax levy, see §37-23-103.

Location of center, see §37-23-111.

§ 37-23-103. Tax levy.

The board of supervisors of any such county is hereby authorized, in its discretion, to levy an ad valorem tax on all taxable property within the county not to exceed two mills, the avails of which shall be used for the construction, operation, furnishings and maintenance of any such center so established. The tax levy herein authorized shall not be reimbursable under the homestead exemption laws of this state.

HISTORY: Codes, 1942, § 6631-38; Laws, 1968, ch. 423, § 8, eff from and after passage (approved June 21, 1968).

OPINIONS OF THE ATTORNEY GENERAL

Taxes levied for the Mississippi Gulf Coast Community College Maintenance and Capital Funds and taxes levied for the Child Development Center are not county funds and, thus, are not eligible to be pledged to fund the debt service resulting from a redevelopment plan. McAdams, March 31, 2000, A.G. Op. #2000-0168.

§ 37-23-105. Election regarding establishment.

There shall be held an election, conforming in all respects to applicable statutes governing special elections, in which the proposition authorized in Sections 37-23-91 through 37-23-103 shall be submitted for approval or rejection by the electorate of said county. The power and authority to levy taxes or to issue bonds as provided in Sections 37-23-101 and 37-23-103, shall be contingent upon the affirmative vote of a majority of the qualified electors of said county participating in said election.

HISTORY: Codes, 1942, § 6631-37; Laws, 1968, ch. 423, § 7, eff from and after passage (approved June 21, 1968).

Cross References —

Authorization for establishment of child development center, see §37-23-91.

Procedure for establishment of child development center, see §37-23-99.

Bonds for construction of center, see §37-23-101.

Tax levy, see §37-23-103.

§ 37-23-107. Disposition of funds.

All funds provided for in Sections 37-23-91 through 37-23-111 shall be kept in a separate fund and shall be used exclusively for the construction, operation, furnishings and maintenance of any such center so established. Any funds accumulated which are not used in any fiscal year shall remain in said separate fund for that use in the succeeding year or years. Such funds shall be expended upon order of the county board of education, and by warrant issued by the county superintendent of education.

HISTORY: Codes, 1942, § 6631-39; Laws, 1968, ch. 423, § 9; Laws, 1970, ch. 385, § 1, eff from and after passage (approved April 3, 1970).

§ 37-23-109. Receipt of contributions from federal and state governments.

Any child development center created under the provisions of Sections 37-23-91 through 37-23-111 shall be entitled to receive all contributions and benefits allowed to the other school districts from the federal and state governments including, but not limited to, contributions on the basis of the average daily attendance per child, school textbooks and school lunch program.

HISTORY: Codes, 1942, § 6631-40; Laws, 1968, ch. 423, § 10, eff from and after passage (approved June 21, 1968).

§ 37-23-111. Location.

Any center created under the provisions of Sections 37-23-91 through 37-23-111 may be constructed at any location within the county either in or outside of a municipality.

HISTORY: Codes, 1942, § 6631-41; Laws, 1968, ch. 423, § 11, eff from and after passage (approved June 21, 1968).

Cross References —

Authorization for establishment of child development center, see §37-23-91.

Procedure for establishment of child development center, see §37-23-99.

Bonds for construction of center, see §37-23-101.

Tax levy for construction of center, see §§37-23-103.

Learning Resources System

§ 37-23-121. Short title.

Sections 37-23-121 through 37-23-131 shall be cited as the “Mississippi Learning Resources Law of 1974.”

HISTORY: Laws, 1974, ch. 374, § 1, eff from and after passage (approved March 15, 1974).

Cross References —

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-23-123. Legislative intent.

The intent of the legislature of the State of Mississippi, by passage of Sections 37-23-123 through 37-23-131, is to develop and make available to children of this state who are being considered for possible or continued placement in the exceptional child program of diagnostic and evaluation and related services that will raise the quality of education for all such children in the State of Mississippi who are in need of such services.

The intent of the legislature is to provide an overall system to give direction in developing diagnostic and evaluation and related services required for the exceptional child program, to coordinate existing resources in the state for such services, and to provide such services, within the limitation of staff availability, on a statewide basis with priority being given to areas of the state where such services are not available. This service is intended to complement the services presently available from the state department of education and other agencies.

HISTORY: Laws, 1974, ch. 374, § 2; Laws, 1978, ch. 461, § 12, eff from and after July 1, 1978.

Cross References —

Hearing to determine extent of hearing handicap and need for interpreting services in judicial proceedings and custodial situations, see §13-1-305.

Exceptional child defined, see §37-23-3.

Sections37-23-171 through37-23-181 to Supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-125. Establishment of system; rules and regulations; employment of personnel; acceptance of funds.

  1. The Department of Education is directed to establish a learning resources system to be implemented and administered by the department.
  2. The state board of education shall adopt and promulgate such rules and regulations as are necessary to implement and administer this system.
  3. The department is authorized to employ and train such professional and clerical assistance as is necessary to implement and administer the system.
  4. The department is authorized to accept any federal, state or other governmental funds and any funds from private sources or gifts, grants or donations.

HISTORY: Laws, 1974, ch. 374, § 3, eff from and after passage (approved March 15, 1974).

Cross References —

Services provided, see §37-23-129.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-127. Advisory committee.

  1. The state superintendent of education shall appoint a learning resources advisory committee for each center not to exceed ten (10) members as the superintendent, in his discretion, deems proper from each of the following groups:
    1. Professional educators actively engaged in the education of exceptional children or youth or in the administration of programs for exceptional youth and children.
    2. Professional educators in higher education dealing with the exceptional children and youth, and closely related areas.
    3. Parents of exceptional children or youth.
  2. The committee shall meet quarterly or upon call of the superintendent, and its functions shall be purely advisory in nature and effect. No compensation or per diem shall be provided committee members, but each member shall be entitled to receive all actual, necessary expenses incurred in discharging official responsibilities, including mileage as authorized by law.

HISTORY: Laws, 1974, ch. 374, § 4; Laws, 1978, ch. 461, § 13, eff from and after July 1, 1978.

Cross References —

Exceptional child defined, see §37-23-3.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-129. Services provided.

The department shall determine the services to be provided by the system, however, at least the following services will be provided:

Provision of diagnostic and evaluation services to children who are being considered for possible or continued placement in educational programs for exceptional children.

Provision, to personnel providing educational programs for exceptional children, of inservice activities and consultation on the diagnosis and evaluation of exceptional children and on the development of individualized educational programs.

Provision of regional screening team services to schools and agencies providing educational services to exceptional children as required in the “competent professional persons” portion of Section 37-23-3.

Collection and maintenance, for demonstration and loan purposes, of instructional materials, professional literature, and evaluation materials which are appropriate for the exceptional child program.

HISTORY: Laws, 1974, ch. 374, § 5; Laws, 1978, ch. 461, § 14, eff from and after July 1, 1978.

Cross References —

Exceptional child defined, see §37-23-3.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-131. General duties of department.

The department, in implementing the provisions of Sections 37-23-121 through 37-23-131, shall have the following duties:

To establish in various areas of the state, the location and size of which shall be determined by the department, a team of full-time, qualified professional persons trained, individually or collectively, in such disciplines as psychology, speech and hearing, special education, educational evaluation, and social work. One team shall be provided for each area, and shall render diagnostic evaluation, and related services to all children who are being considered for possible or continued placement in educational programs for exceptional children.

To contract for or purchase services of clinical and medical specialists, including, but not limited to, pediatricians, neurologists and psychiatrists, when such services of specialists are needed and not available from members of a team.

To provide for consultation with school personnel, parents and agencies concerned with exceptional children and to serve as resource personnel to which such persons and agencies may consult for assistance in solving problems related to diagnosis and evaluation of exceptional children.

To provide personnel to serve as a resource in programs of preservice and inservice training of teachers.

To disseminate information to the public with regard to exceptional children.

HISTORY: Laws, 1974, ch. 374, § 6; Laws, 1978, ch. 461, § 15, eff from and after July 1, 1978.

Cross References —

Exceptional child, defined see §37-23-3.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

Standards and Procedures for the Education of Exceptional Children

§ 37-23-133. Definitions.

Words and terms, unless otherwise defined below, when used in Sections 37-23-1 through 37-23-159 shall be defined in the same manner as those words and terms used in the Individuals with Disabilities Education Act 1997 Amendments (IDEA), Family Educational Rights and Privacy Act, applicable federal regulations and relevant court cases:

“Assistive technology device” means any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of children with disabilities.

“Assistive technology service” means any service that directly assists a student with a disability in the selection, acquisition or use of an assistive technology device. The term includes:

The evaluation of the needs of a student with a disability, including a functional evaluation of the student in his or her customary environment;

Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by students with disabilities;

Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive devices;

Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

Training or technical assistance for a student with a disability or, if appropriate, that student’s family; and

Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers or other individuals who may provide services to, employ, or are otherwise substantially involved in the major life functions of students with disabilities.

“Consent” means agreement in writing from the parent of a child with a disability pertaining to the activities as required under IDEA and the Family Educational Rights and Privacy Act. Local educational agencies shall ensure that the parent:

Has been fully informed of all information relevant to the activity for which consent is required;

Understands the activity for which consent is requested; and

Understands that the granting of consent is voluntary and may be revoked at any time prior to the time the activity is conducted.

“Free appropriate public education” means special education and related services provided by local educational agencies that:

Have been provided at public expense, under public supervision and direction, and without charge;

Meet the standards of the State Department of Education;

Include an appropriate preschool, elementary, or secondary school education; and

Are provided in conformity with the individualized education program required under IDEA, applicable federal and state regulations and relevant court cases.

“Individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with the requirements under IDEA, applicable federal and state regulations and relevant court cases.

“Least restrictive environment” means to the maximum extent appropriate, children with disabilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

“Parent” means a person who is legally responsible for a child’s welfare or acting for the child in the absence of the legally responsible person. Parent may also mean a natural parent, a guardian, or a surrogate parent.

“Related services” means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.

“Special education” means specially designed instruction provided by local educational agencies, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings. This term also includes instruction in physical education.

“Supplementary aids and services” means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with the least restrictive environment requirements under IDEA, applicable federal regulations and relevant court cases.

“Transition services” means a coordinated set of activities for a student with a disability that:

Is designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

Is based upon the individual student’s needs, taking into account the student’s preferences and interests;

Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

HISTORY: Laws, 1999, ch. 582, § 1; Laws, 2001, ch. 554, § 1, eff from and after July 1, 2001.

Editor’s Notes —

Sections 37-23-7 and 37-23-51 through 37-23-55, referred to in this section, were repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Sections 37-23-151 through 37-23-157, referred to in this section, were repealed by Laws of 1998, ch. 333, § 1, effective from and after July 1, 1998.

Section 37-23-159, referred to in this section, was repealed by Laws of 1983, ch. 531, § 2, effective from and after September 30, 1983.

Amendment Notes —

The 2001 amendment inserted “Family Educational Rights and Privacy Act” in the first paragraph; and substituted “Family Educational Rights and Privacy Act” for “Family Rights and Privacy Act” in (c).

Federal Aspects—

Family Educational Rights and Privacy Act, see 20 USCS § 1232g.

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

ALR.

Availability of damages in action to remedy violations of individuals with Disabilities Education Act (20 U.S.C.S §§ 1400 et seq.). 165 A.L.R. Fed. 463.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-23-135. Eligibility standards for assistance under Individuals with Disabilities Education Act.

  1. For the purposes of this section, each local educational agency is eligible for assistance under IDEA Part B for a fiscal year if, in providing for the education of children with disabilities within its jurisdiction, policies, procedures and programs are in effect that are consistent with the regulations established by the State Department of Education.
  2. The local educational agency shall have in effect policies and procedures, and programs that are consistent with the State Department of Education’s policies and procedures to ensure:
    1. A free appropriate public education is available to all children with disabilities residing in the state between the ages of three (3) and twenty (20), inclusive. Educational services for children with disabilities who have been suspended or expelled from school shall be provided based on the requirements of IDEA, applicable federal regulations and state regulations;
    2. The full educational opportunity goal established by the state is implemented;
    3. All children with disabilities, who are in need of special education and related services, including children with disabilities attending private school, regardless of the severity of their disabilities, are identified, located, and evaluated;
    4. An individualized education program is developed, reviewed and revised for each child with a disability;
    5. Children with disabilities are provided services within their least restrictive environment;
    6. Children with disabilities and their parents are afforded the procedural safeguards required under IDEA;
    7. Children with disabilities are evaluated as required under IDEA;
    8. The State Department of Education and local education agencies will assure the protection of the confidentiality of any personally identifiable data, information and records collected or maintained as required under IDEA and the Family Rights and Privacy Act.
    9. Children with disabilities participating in early intervention programs assisted under IDEA Part C who will participate in preschool programs assisted under IDEA Part B shall experience a smooth transition. An individualized educational program shall be developed and implemented by the child’s third birthday;
    10. Children with disabilities enrolled in private schools by their parents shall be provided special education and related services to the extent required under IDEA;
    11. Children with disabilities who are placed in private schools or facilities by the local educational agency shall be provided special education and related services, in accordance with an individualized education program, at no cost to their parents;
    12. A comprehensive system of personnel development has been developed to ensure appropriately qualified personnel are available and personnel are trained in accordance with the requirements of the State Department of Education and IDEA;
    13. Personnel providing educational services to children with disabilities meet the personnel standards of the State Department of Education;
    14. The performance goals and indicators shall be implemented as established by the State Board of Education; and
    15. Children with disabilities are included in statewide and district-wide assessment programs, with appropriate accommodations, in accordance with regulations established by the State Board of Education.
  3. The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the agency’s eligibility under IDEA.
  4. If the State Department of Education determines that a local educational agency is not eligible to receive federal funds due to compliance violations not being resolved within a specified timeline, the local educational agency shall be notified of that determination and shall be provided with reasonable notice and an opportunity for a hearing. The local educational agency in receipt of such notice, shall, by means of public notice, take such measures as may be necessary to bring the pendency of an action to withhold funds to the attention of the public within the jurisdiction of such agency.
  5. The State Department of Education, after reasonable notice and an opportunity for a hearing, shall reduce or shall not provide any further payments to the local educational agency until the department is satisfied that the violations have been corrected.

HISTORY: Laws, 1999, ch. 582, § 2, eff from and after July 1, 1999.

Cross References —

Free appropriate public education defined, see §37-23-133(d).

Special education and related services defined see §37-25-133(h) and (i).

Individualized education program defined, see §37-23-133(e).

Least restrictive environment defined, see §37-23-133(f).

Parent defined, see §37-23-133(g).

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

§ 37-23-137. Parental consent, involvement, and participation in educational decisions; procedures for evaluations and testing; rights of parents to receive copies of child’s educational records.

  1. Consent shall be obtained:
    1. Prior to initial evaluation;
    2. Prior to implementation of the initial individualized educational program for a child with a disability;
    3. Prior to reevaluation, except that such consent is not required, if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the parent failed to respond; and
    4. Prior to the release of educational records as required under the Family Educational Rights and Privacy Act and IDEA.
  2. If the parent of a child with a disability refuses consent for the evaluation, the local educational agency may continue to pursue an evaluation by utilizing the due process hearing procedures under IDEA, except to the extent these are not in conflict with Mississippi law relating to parental consent.
  3. Written prior notice shall be provided to the parents of the child whenever a local educational agency proposes to initiate or change or refuses to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to that child.
  4. Written prior notice shall be provided in the native language of the parents, unless it clearly is not feasible to do so.
  5. Written prior notice shall include:
    1. A description of the action proposed or refused by the local educational agency;
    2. An explanation of why the local educational agency proposes or refuses to take the action;
    3. A description of any other options that the local educational agency considered and the reasons why those options were rejected;
    4. A description of any other factors that are relevant to the local educational agency’s proposal or refusal;
    5. A description of each evaluation procedure, test, record, or report the local educational agency used as a basis for the proposed or refused action;
    6. A description of any factors that are relevant to the local educational agency’s proposal or refusal;
    7. A statement that the parents of a child with a disability have protection under the procedural safeguards under IDEA and, if the notice is not an initial referral for evaluation, notification of an individualized educational program meeting or notice for reevaluation, the means by which a copy of a description of procedural safeguards can be obtained; and
    8. Sources for parents to contact to obtain assistance in understanding the provisions under IDEA.
  6. A copy of the procedural safeguards established by the State Department of Education shall be given to the parents upon:
    1. Initial referral for evaluation, reevaluation or parent request for evaluation;
    2. The child’s initial IEP meeting;
    3. Registration of a complaint under IDEA to the State Department of Education;
    4. Upon a request by a parent; and
    5. If there is no circumstance giving rise to the purpose of parents receiving a copy of the procedural safeguards under paragraphs (a), (b) and (c) of this subsection, then the parents shall be provided with a copy of the procedural safeguards at least once on an annual basis.

      The procedural safeguards shall include provisions which allow parents to be informed of the parental right to record IEP meetings by means of an audio or visual recording device or written transcript at the parent’s own expense if they so desire a record of the meeting.

  7. The State Department of Education and each local educational agency shall establish procedures to ensure parents of children with disabilities have the opportunity to participate in meetings with respect to the identification, evaluation, and education placement of the child, and the provision of a free appropriate public education of such child. Local educational agencies shall provide parents of children with disabilities an opportunity to provide input in the development of the agencies’ application for funding, as required under IDEA.
  8. The parent or guardian or local educational agency shall have the right to audio record the proceedings of individualized education program team meetings. The parent or guardian or local educational agency shall notify the members of the individualized education program team of his, her, or its intent to audio record a meeting at least twenty-four (24) hours prior to the meeting.
  9. In conducting the evaluation, the local educational agency shall:
    1. Use a variety of assessment tools and strategies to gather relevant functional and developmental information, including information provided by the parent, that may assist in determining whether the child is a child with a disability and the content of the child’s individualized education program including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities;
    2. Not use any single procedure as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and
    3. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
  10. Each local educational agency shall ensure that:
    1. Tests and other evaluation materials used to assess a child are:
      1. Selected and administered so as not to be discriminatory on a racial or cultural basis; and
      2. Provided and administered in the child’s native language or other mode of communication, unless it is clearly not feasible to do so;
    2. Any standardized tests that are given to the child:
      1. Have been validated for the specific purpose for which they are used;
      2. Are administered by trained and knowledgeable personnel; and
      3. Are administered in accordance with any instructions provided by the producer of such tests;
    3. The child is assessed in all areas of suspected disability; and
    4. Assessment tools and strategies that provide relevant information that directly assist persons in determining the educational needs of the child are provided.
  11. Upon completion of administration of tests and other evaluation materials:
    1. The determination of whether the child is a child with a disability as defined under IDEA and state regulations established by the State Board of Education shall be made by a team of qualified professionals and the parent of the child and certified by a Screening Team as defined by the State Board of Education;
    2. In making such a determination of eligibility, a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of instruction in reading or math or limited English proficiency; and
    3. A copy of the evaluation report and the documentation of determination of eligibility will be given to the parent.
  12. Parents shall have an opportunity to obtain an independent educational evaluation of their child in accordance with the requirements under IDEA.
  13. An outside individual or entity contracting with a local educational agency for the purpose of performing an observation in order to make recommendations of possible changes in a child’s IEP, or any outside individual or entity making an observation of a child which results in such recommendations, shall submit a report of the observation to the local educational agency. The local educational agency shall notify the parent upon receipt of this report.
  14. Parents and guardians shall have the right of review or to receive copies of all educational records, as such records are defined by the Family Educational Rights and Privacy Act and the Individuals with Disabilities Education Act, pertaining to their child. The local educational agency shall be responsible for making the educational records available to the parent or guardian. The cost of providing a copy of any information contained in a student’s educational record to the parents or guardians shall be established by the local school board in accordance with the requirements of the Family Educational Rights and Privacy Act and the Individuals with Disabilities Education Act.

HISTORY: Laws, 1999, ch. 582, § 3; Laws, 2001, ch. 554, § 2; Laws, 2011, ch. 492, § 1; Laws, 2012, ch. 548, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2001 amendment substituted “Family Educational Rights and Privacy Act” for “Family Rights and Privacy Act” in (1)(d); and added (12) and (13).

The 2011 amendment rewrote (6).

The 2012 amendment inserted “reevaluation” in (6)(a); added the last paragraph of (6); and added (8) and redesignated the remaining subsections accordingly.

Cross References —

Consent defined, see §37-23-133(c).

Individualized education program defined, see §37-23-133(e).

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

§ 37-23-139. Complaint procedures.

  1. The State Department of Education shall establish the necessary rules and regulations in accordance with IDEA to provide for an organization or individual to file a signed written complaint with respect to a violation of federal or state regulations by a local educational agency relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.
  2. Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice to the State Department of Education shall include:
    1. The name of the child, the address of the residence of the child, and the name of the school the child is attending;
    2. A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
    3. A proposed resolution of the problem to the extent known and available to the parents at the time.
  3. State Department of Education shall develop a model form to assist parents in filing a complaint in accordance with the requirements under IDEA.
  4. All complaints shall remain protected by the confidentiality requirements under IDEA.

HISTORY: Laws, 1999, ch. 582, § 4, eff from and after July 1, 1999.

Cross References —

Free appropriate public education defined, see §37-23-133(d).

Parent defined, see §37-23-133(g).

Mediation system to be available whenever a due process hearing under IDEA is requested, see §37-23-141.

Due process hearing, see §37-23-143.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

§ 37-23-141. Mediation; promulgation of rules and regulations; confidentiality.

  1. The State Department of Education shall promulgate the necessary rules and regulations to establish a mediation system which, at a minimum, shall be available whenever a due process hearing under IDEA is requested. The mediation system shall allow parties the opportunity to resolve such disputes involving any matter relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to such child.
  2. The State Department of Education shall ensure that the mediation process is:
    1. Voluntary on the part of the parties;
    2. Not used to deny or delay a parent’s right to a due process hearing under IDEA or to deny any other rights afforded under IDEA; and
    3. Conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
  3. The State Department of Education may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with a parent training and information center or community parent resource center in the state established under IDEA, or an appropriate alternative dispute resolution entity. The purpose of the meeting is to encourage the use, and explain the benefits, of the mediation process to the parents.
  4. The State Department of Education shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
  5. The state shall bear the cost of the mediation process, including the costs of all meetings described in this section.
  6. Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties in dispute.
  7. An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
  8. Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.

HISTORY: Laws, 1999, ch. 582, § 5, eff from and after July 1, 1999.

Cross References —

Complaint procedures, see §37-23-139.

Due process hearing, see §37-23-143.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

§ 37-23-143. Due process hearing.

  1. When any public agency directly responsible for the education of children with disabilities initiates or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child, the parent of a child with a disability or the agency shall have the opportunity to request a state-level impartial due process hearing.
  2. The State Department of Education shall promulgate rules and regulations consistent with the requirements under IDEA to establish a system for the provision of state-level impartial due process hearings. Such provisions shall include:
    1. At least five (5) business days prior to a hearing being conducted, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing. A hearing officer may bar any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
    2. A hearing may not be conducted by an employee of the State Department of Education or the local educational agency involved in the education or care of the child.
    3. The right of either party to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities.
    4. The right of either party to present evidence and confront and cross-examine witnesses.
    5. The right, at the option of parents, to a written or electronic verbatim record of such hearing.
    6. The right, at the option of parents, to electronic findings of fact and decisions.
    7. Findings and facts shall be made available to the public and transmitted to the advisory panel consistent with the requirements under IDEA.
  3. The decision made by the hearing officer shall be final, except that any party aggrieved by the findings and decision made by the hearing officer shall have the right to bring a civil action with respect to the issues of the due process hearing. Such civil action may be brought in any court of competent jurisdiction within ninety (90) days from the date of the decision of the impartial due process hearing officer.
  4. Except as provided under IDEA, during the pendency of any proceedings conducted pursuant to this section, unless the local educational agency and the parents otherwise agree, the child will remain in the then-current educational placement of such child, or, if applying for initial admission to a public school, shall, with the consent of the parents, be placed in the public school program until all such proceedings have been completed. This requirement does not limit the local educational agency from obtaining a temporary restraining order from any court of competent jurisdiction, as deemed necessary by the agency.

HISTORY: Laws, 1999, ch. 582, § 6; Laws, 2003, ch. 410, § 1; Laws, 2011, ch. 439, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2003 amendment substituted “forty-five (45) days” for “thirty (30) days” in (3).

The 2011 amendment substituted “ninety (90)” for “forty-five (45)” in (3).

Cross References —

Complaint procedures, see §37-23-139.

Mediation system to be available whenever a due process hearing under IDEA is requested, see §37-23-141.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

§ 37-23-145. Advisory panel on special education; membership; duties.

  1. The State Board of Education shall establish and maintain an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State.
  2. The advisory panel shall consist of members appointed by the State Superintendent of Education who are representative of the state’s population and who are composed of individuals involved in, or concerned with, the education of children with disabilities, including:
    1. Parents of children with disabilities;
    2. Individuals with disabilities;
    3. Teachers;
    4. Representatives of institutions of higher education that prepare special education and related services personnel;
    5. State and local education officials;
    6. Administrators of programs for children with disabilities;
    7. Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;
    8. Representatives of private schools and public charter schools;
    9. At least one (1) representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; and
    10. Representatives from the State juvenile and adult correction agencies.
  3. A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities.
  4. The duties of the advisory panel shall include:
    1. Advise the State Department of Education of unmet needs within the State in the education of children with disabilities;
    2. Comment publicly on any rules or regulations proposed by the State Department of Education regarding the education of children with disabilities;
    3. Advise the State Department of Education in developing evaluations and reporting on data to the secretary in accordance with the requirements under IDEA;
    4. Advise the State Department of Education in developing and implementing policies relating to the coordination of services for children with disabilities; and
    5. Advise the State Department of Education in developing corrective action plans to address findings identified in federal monitoring reports under IDEA.
  5. The advisory panel shall be provided the opportunity to provide comments to the State Board of Education on rules or regulations proposed by the State Department of Education relating to the implementation of the IDEA 1997 Amendments.

HISTORY: Laws, 1999, ch. 582, § 7, eff from and after July 1, 1999.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

ALR.

Availability of damages in action to remedy violations of individuals with Disabilities Education Act (20 U.S.C.S §§ 1400 et seq.). 165 A.L.R. Fed. 463.

Practice References.

IDEA Reauthorized (Michie).

§ 37-23-147. State performance goals for children with disabilities; special recognition of schools providing full inclusion of children with disabilities.

  1. The State Department of Education shall establish goals for the performance of students with disabilities that will promote the purpose of IDEA and are consistent, to the maximum extent appropriate, with other goals and standards for students established by the State Department of Education. Performance indicators used to assess progress toward achieving those goals that, at a minimum, address the performance of students with disabilities on assessments, drop-out rates, and graduation rates shall be developed. Every two (2) years, the progress toward meeting the established performance goals shall be reported to the public.
  2. To encourage the full inclusion of students with disabilities in all aspects of academic and extracurricular activities, the State Department of Education may provide special recognition to the schools receiving such designation and their school districts. Examples of such recognition may include, but not be limited to: public announcements and events, certificates of recognition and plaques for teachers, principals, superintendents and parents, and media announcements utilizing the services of Mississippi Educational Television. This special recognition may be awarded to elementary, middle or high schools, based on entries submitted to the Mississippi Special Education Advisory Panel by the deadline to be determined annually by the panel. These entries shall be in the form of a report, listing the name, address and telephone number of the school district/school; teacher or staff responsible for administering the program; type of position held by each of these employees including credentials; description of the program; number of students with disabilities included; type and level of severity of disabilities; number of students without disabilities involved in the program; how long the program has been in operation; benefit of program to all students; and a description of how this program could be replicated by other school districts. Winners of the Exemplary Inclusion Program contest shall be chosen annually by the Mississippi Special Education Advisory Panel at a date determined by the panel.

    Recognition may be given to these schools during a meeting of the Mississippi State Board of Education at a date determined by the board. Information on these exemplary programs shall be provided to other school districts and the general public through news releases, the state department website, and other similar avenues.

HISTORY: Laws, 1999, ch. 582, § 8; Laws, 2000, ch. 317, § 1; Laws, 2017, ch. 438, § 3, eff from and after July 1, 2017.

Amendment Notes —

The 2000 amendment added (2).

The 2017 amendment substituted “students” for “children” throughout; in the first paragraph of (2), substituted “may provide special recognition” for “shall provide special recognition” in the first sentence, rewrote the third sentence, which read: “This special recognition shall be awarded to one (1) elementary, one (1) middle school, and one (1) high school, based on entries submitted to the Mississippi Advisory Committee for Special Education by the deadline of March 31,” substituted “report listing the name, address” for “report, not to exceed five (5) pages, listing name, address” in the fourth sentence, and rewrote the last sentence, which read: “Winners of the Exemplary Inclusion Program contest shall be chosen by the Mississippi Advisory Committee for Special Education in April of each year”; and rewrote the first sentence of the second paragraph of (2), which read: “Recognition shall be given to these schools during the May Mississippi State Board of Education meeting each year.”

Cross References —

Awards for exemplary performing public schools and school programs, see §37-3-75.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS § 1400 et seq.

§ 37-23-148. Participation in assessment programs by children with disabilities; Department of Education to report on results of assessment of disabled children.

  1. Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State Department of Education and the local educational agency shall:
    1. Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
    2. Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.
  2. The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
    1. The number of children with disabilities participating in regular assessments;
    2. The number of children participating in alternate assessments;
    3. The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and
    4. Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.

HISTORY: Laws, 1999, ch. 582, § 9, eff from and after July 1, 1999.

Cross References —

Statewide testing program, see §§37-16-1 et seq.

§ 37-23-149. Special Education, Special Services Fund.

There is hereby created in the State Treasury a special fund to be designated as the “Special Education, Special Services Fund” which shall be used to distribute any funds specifically appropriated by the Legislature to such fund. This Special Education, Special Services Fund will be used solely for the provision of direct services to individual children with disabilities. Any funds remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, but shall carryover to subsequent fiscal years. Any interest accruing on any unexpended balance in the Special Education, Special Services Fund shall be invested by the State Treasurer and shall remain in the fund.

HISTORY: Laws, 1999, ch. 582, § 10, eff from and after July 1, 1999.

§ 37-23-150. Legislative intent.

It is the intent of the Legislature that none of the provisions of Sections 37-16-9, 37-23-1 through 37-23-9 and 37-23-133 through 37-23-149 shall create mandates that impose financial or legal requirements upon local school districts that are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any later amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of Sections 37-16-9, 37-23-1 through 37-23-9 and 37-23-133 through 37-23-149. Any provisions of Sections 37-16-9, 37-23-1 through 37-23-9 and 37-23-133 through 37-23-149 that are inconsistent, create additional unfunded state mandates, or that are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.

HISTORY: Laws, 1999, ch. 582, § 17; Laws, 2010, ch. 353, § 2, eff from and after July 1, 2010.

Editor’s Notes —

Section 37-23-7, referred to in this section, was repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Amendment Notes —

The 2010 amendment, in the first sentence, substituted “37-23-9” for “37-23-11,” and substituted “any later amendments”’ for “any subsequent amendments”; and made minor grammatical changes.

Registration of Persons Having Impaired Hearing or Vision [Repealed]

§§ 37-23-151 through 37-23-157. Repealed.

Repealed by Laws, 1998, ch. 333, § 1, eff from and after July 1, 1998.

§37-23-151. [Laws, 1974, ch. 553, § 1]

§37-23-153. [Laws, 1974, ch. 553, § 2]

§37-23-155. [Laws, 1974, ch. 553, § 3]

§37-23-157. [Laws, 1974, ch. 553, § 4]

Editor’s Notes —

Former §37-23-151 related to the establishment and purpose of the registration program for persons with hearing or vision impairments.

Former §37-23-153 related to the maintenance of a state registry for persons with visual or hearing impairments and the confidentiality of information contained in the registry.

Former §37-23-155 related to announcement of the registry program and reporting requirements.

Former §37-23-157 related to construction of the registry provisions and public agency assistance in the program.

County Contribution to Defray Costs of Learning Disability Program [Repealed]

§ 37-23-159. Repealed.

Repealed by Laws, 1983, ch. 531, § 2, eff from, and after September 30, 1983.

[Laws, 1983, ch. 531, § 1]

Editor’s Notes —

Former §37-23-159 authorized the board of supervisors of any county to contribute out of federal revenue sharing funds to any school district located within the county to be used for a learning disability program.

Gifted Education

§ 37-23-171. Short title.

Sections 37-23-171 through 37-23-181 shall be known and may be cited as the “Mississippi Gifted Education Act of 1989.”

HISTORY: Laws, 1989, ch. 447, § 1, eff from and after July 1, 1989.

Editor’s Notes —

Laws of 2015, ch. 430, § 1, effective March 31, 2015, provides:

“SECTION 1. (1) There is created the Task Force on the Future of Gifted Education in Mississippi, which shall be tasked with the following objectives and responsibilities:

“(a) To cultivate and retain academic talent in all levels of public education through Grade 12;

“(b) To examine the existing infrastructure of Mississippi’s gifted education opportunities and make recommendations with regard to improving access to students who demonstrate exemplary academic, creative or intellectual talent;

“(c) To assess diverse education offerings in other states and determine best practices to be implemented in the State of Mississippi;

“(d) To project costs and returns on investment, both short-term and long-term, of offering gifted education at all public school grade levels through Grade 12;

“(e) To recommend how the state can advance its curriculum offerings with a child’s individual progress;

“(f) To explore adding coding to curriculums throughout the state; and

“(g) Issue its recommendation to the State Board of Education, the Governor and the appropriate committees of the Legislature not later than January 1, 2016.

“(2) The task force shall be composed of sixteen (16) members as follows:

“(a) The Chairman of the House Education Committee, or his designee;

“(b) The Chairman of the Senate Education Committee, or his designee;

“(c) Two (2) Representatives appointed by the Speaker;

“(d) Two (2) Senators appointed by the Lieutenant Governor;

“(e) One (1) representative of the Mississippi School for Math and Science;

“(f) One (1) representative of the Karnes Center for Gifted Studies;

“(g) One (1) nonlegislative member appointed by the Speaker, who must be a current or former gifted education teacher;

“(h) One (1) nonlegislative member appointed by the Lieutenant Governor, who must be a former gifted education student;

“(i) One (1) nonlegislative member appointed by the Governor, who must be a parent of a current or former gifted education student;

“(j) One (1) representative of the State Department of Education, appointed by the State Superintendent of Public Education;

“(k) One (1) representative of the Mississippi Economic Council;

“( l ) One (1) representative of the Mississippi Brain Drain Task Force;

“(m) One (1) representative of the State Workforce Investment Board; and

“(n) The Executive Director of the Mississippi Association for Gifted Children, or his or her designee.

“(3) Members of the task force shall be appointed by the appointing authority prescribed in subsection (2) of this section within sixty (60) days of the effective date of this act. The task force shall hold its first meeting no later than September 1, 2015, upon the call of the Chairmen of the House and Senate Education Committees, who shall serve as co-chairman. Members shall serve without state funded compensation for the performance of their duties as members of the task force. However, nonlegislative members of the task force may be compensated from any private source of funding provided for the purpose of assisting the task force in accomplishing its objectives.

“(4) The task force shall meet upon the call of the chairman. A quorum of the task force shall be nine (9) members. Any vacancy on the task force shall be filled by the appointing authority.

“(5) Upon the request of the task force, all state departments and agencies and local governments and their subdivisions shall furnish the task force with any information in their possession or available to them.

“(6) This section shall stand repealed on June 30, 2016.”

RESEARCH REFERENCES

ALR.

Special education requirements of gifted students. 115 A.L.R.5th 183.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-23-173. Legislative findings and declarations; purpose.

The Legislature finds and declares that there are many children in the State of Mississippi who are intellectually, academically, creatively and/or artistically gifted and who require additional opportunities to allow them to develop their capabilities to their fullest potential.

Consequently, it is the purpose of Sections 37-23-171 through 37-23-181 to provide for a uniform system of education for gifted children in the public schools of Mississippi, to provide for a nondiscriminatory process of identification of these children, to provide for periodic evaluation of the program and its benefit to the gifted children, and to insure that gifted children are identified and offered an appropriate education.

Further, it is the intent of the Legislature that local districts be given as much flexibility as possible in the operation of their programs and that there be parental involvement in the development and conduct of their programs.

HISTORY: Laws, 1989, ch. 447, § 2; Laws, 1993, ch. 585, § 1, eff from and after July 1, 1993.

Cross References —

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-175. Definitions.

For purposes of Sections 37-23-171 through 37-23-181, the following terms shall have the following meanings unless the context shall prescribe otherwise:

“Gifted children” shall mean children who are found to have an exceptionally high degree of intellect, and/or academic, creative or artistic ability.

“Gifted education” shall mean programs for instruction of intellectually gifted children within Grades 2 through 12 and programs for instruction of academically gifted children within Grades 9 through 12 and programs for instruction of creative or artistically gifted children within Grades 2 through 12 of the public elementary and secondary schools of this state. Such programs shall be designed to meet the individual needs of gifted children and shall be in addition to and different from the regular program of instruction provided by the district.

“Department” shall mean the State Department of Education.

“Board” shall mean the State Board of Education.

HISTORY: Laws, 1989, ch. 447, § 3; Laws, 1993, ch. 585, § 2, eff from and after July 1, 1993.

Cross References —

Exceptional child defined, see §37-23-3.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-177. General powers and duties of board of education.

The board shall have the following powers, duties and responsibilities:

To promulgate and enforce rules, regulations and guidelines to implement the provisions of Sections 37-23-171 through 37-23-181;

To provide technical assistance to local school district personnel in the development, implementation, evaluation and modification of gifted education programs for gifted children;

To review and approve or deny all local school district gifted education programs, or changes therein, submitted pursuant to Sections 37-23-171 through 37-23-181;

To accept and distribute federal funds or funds made available from other sources;

To develop certification requirements for all teaching or nonteaching personnel employed in gifted education programs;

To develop staff development programs for personnel employed in gifted education programs;

To collect such data from all local school districts as may be required to implement Sections 37-23-171 through 37-23-181;

To disseminate information on quality gifted education programs; and

To withhold funds from any school district which refuses or fails to comply with the provisions of Sections 37-23-171 through 37-23-181.

HISTORY: Laws, 1989, ch. 447, § 4, eff from and after July 1, 1989.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-179. Promulgation of rules, regulations, and guidelines; office for gifted education; implementation of programs of gifted education by local school districts; funding of programs.

  1. The board shall specifically promulgate rules, regulations and guidelines which establish model programs of gifted education and also establish minimum criteria for gifted education programs. In providing programs of gifted education, the local district may use the model programs prepared by the board or may itself develop programs of gifted education which, prior to being implemented, shall be approved by the board, provided, that no such plan or program shall be approved or continued unless it meets the minimum criteria established by the board.
  2. There is hereby created within the department an office for gifted education which shall be staffed by such professional, support and clerical personnel as may be necessary to implement the provisions of Sections 37-23-171 through 37-23-181.
  3. All local school districts may have programs of gifted education for intellectually, creatively and/or artistically gifted students in Grades 2 through 12 and for academically gifted students in Grades 9 through 12 approved by the board. Beginning with the 1993-1994 school year, all local school districts shall have programs of gifted education for intellectually gifted students in Grade 2, subject to the approval of the State Board of Education and the availability of funds appropriated therefor by line-item. Beginning with the 1994-1995 school year, all local school districts shall have programs of gifted education for intellectually gifted students in Grades 2 and 3, subject to the approval of the State Board of Education. Beginning with the 1995-1996 school year, all local school districts shall have programs of gifted education for intellectually gifted students in Grades 2, 3 and 4 subject to the approval of the State Board of Education. Beginning with the 1996-1997 school year, all local school districts shall have programs of gifted education for intellectually gifted students in Grades 2, 3, 4 and 5, subject to the approval of the State Board of Education. Beginning with the 1997-1998 school year, all local school districts shall have programs of gifted education for intellectually gifted students in Grades 2, 3, 4, 5 and 6, subject to the approval of the State Board of Education. The programs shall be funded as a part of the exceptional child programs in accordance with Section 37-19-5(3). Each local school district shall include as a part of its five-year plan a description of any proposed gifted education programs of the district. State funded teacher units for gifted education programs for fiscal year 1994 and thereafter shall be at least the number funded for gifted education programs for fiscal year 1993 and any additional numbers that may be funded by appropriation of the Legislature for those programs. Additional programs above the number authorized statewide and expansion of programs using state funds shall be allowed only in years in which the funding for gifted education teacher units exceeds the number funded for fiscal year 1993. In the Minimum Education Program appropriation bill each year, there shall be a line item specifying the number of special education teacher units that are to be used for gifted education programs.

HISTORY: Laws, 1989, ch. 447, § 5; Laws, 1992, ch. 503, § 1; Laws, 1993, ch. 585, § 3, eff from and after July 1, 1993.

Editor’s Notes —

Section 37-19-5, referred to in (3), was repealed by Laws of 1997, ch. 612, § 30, effective July 1, 2002.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Sections37-23-171 through37-23-181 to supplement §§37-23-121 through37-23-131, see §§37-23-171 et seq.

§ 37-23-181. Relationship of provisions with §§ 37-23-121 through 37-23-131.

Sections 37-23-171 through 37-23-181 shall be in addition to and supplemental to the provisions of Sections 37-23-121 through 37-23-131, known as the “Mississippi Learning Resources Law of 1974.”

HISTORY: Laws, 1989, ch. 447, § 6; Laws, 1992, ch. 396 § 3, eff from and after passage (approved April 27, 1992).

Blind Persons’ Literacy Rights and Education

§ 37-23-191. Short title.

Sections 37-23-191 through 37-23-203 may be cited as the “Blind Persons’ Literacy Rights and Education Act.”

HISTORY: Laws, 1995, ch. 571, § 1, eff from and after July 1, 1995.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-23-193. Definitions.

For purposes of Sections 37-23-191 through 37-23-203, the following terms shall have the meanings respectively ascribed to them in this section unless the context clearly indicates otherwise:

“Blind student” means an individual who is eligible for special education services or 504 services and who has an impairment in vision that, even with correction, adversely affects the student’s educational performance. This includes a student who:

Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of less than twenty-one (21) degrees;

Has a medically indicated expectation of visual deterioration; or

Is functionally blind due to visual problems affecting reading and writing skills.

“Braille” means the system of reading and writing through touch and includes literary code, designated commonly as the Unified English Braille Code or the Standard English Braille Code, Nemeth Braille Code for Mathematics and Science Notation, Music Braille Code and Computer Braille Code.

“Individualized educational program” (IEP) means a statement developed for a student eligible for special education services under Section 602(a)(20) of Part B of the Individuals with Disabilities Education Act.

“Assistive technology service” means any service or provision of devices which directly assists the functional capabilities of a blind or visually impaired student.

“Compensatory skills” or “alternative techniques” means those skills or techniques needed by blind or visually impaired students to access all areas of the Mississippi Curriculum Frameworks. These skills include, but are not limited to: the use of Braille, large print, optical devices, tactile symbols, calendar systems and abacus; study and organizational skills; listening skills; concept development; the use of assistive technology and recorded materials; social interaction; independent living; recreation and leisure skills; and career education.

“504 Plan” means a legal document under the provisions of the Rehabilitation Act of 1973 which is designed to plan a program of instructional services to assist a student with specialized needs who is in a general education setting.

HISTORY: Laws, 1995, ch. 571, § 2; Laws, 2008, ch. 380, § 1; Laws, 2012, ch. 474, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2008 amendment rewrote (a), (b) and (d) and added (e) and (f).

The 2012 amendment substituted (a)(i) through (iii) designations for (a)(1) through (3).

Federal Aspects—

Section 602(a)(20) of Individuals with Disabilities Education Act, see 20 USCS § 1401(a)(20).

Rehabilitation Act of 1973 generally, see 29 USCS §§ 701 et seq.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995.

§ 37-23-194. Provision of educational services to blind or visually impaired students by certain specialized professionals.

Contingent upon appropriated funding for teacher scholarships authorized under Chapter 562, Laws of 2012, students who are blind or visually impaired shall receive educational services from the following types of specialized professionals:

Certified Teachers of the Visually Impaired (TVI), who are trained professionals having specialized knowledge and skills in the education of students with visual impairments. These teachers shall provide consultative services and instruction to blind or visually impaired students in the areas of communication literacy, daily living, social and emotional skills, academic support and career education.

Orientation and Mobility (O&M) Specialists, who are professionals trained and certified in orientation and mobility. O& M Specialists shall provide consultative services and instruction to blind or visually impaired students in tools and techniques used by blind or visually impaired individuals to orient themselves and move independently and safely in their environments.

Teachers of the Visually Impaired (TVI), who are competent in reading and writing Literary Braille and Nemeth Code as certified by successful passage of the Mississippi Praxis II Braille Competency Exam.

HISTORY: Laws, 2008, ch. 380, § 2; Laws, 2012, ch. 474, § 2, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment rewrote the first undesignated paragraph and added (c).

Cross References —

IEP or 504 Plan to be written in consultation with certified teacher of the visually impaired under certain circumstances, see §37-23-197.

§ 37-23-195. Individualized educational program (IEP) or 504 Plan required for each blind or visually impaired student.

  1. Each appropriate educational entity shall provide for the development of an IEP or 504 Plan for each blind or visually impaired student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. In developing the written IEP or 504 Plan for each blind or visually impaired student, there shall be a presumption that proficiency in Braille reading and writing is essential for the student to achieve satisfactory educational progress.
  2. Each appropriate educational entity, in compliance with 20 USCS Section 1414(d)(3)(B)(iii), the Individuals with Disability Education Act, as reauthorized in 2004, shall provide for instruction in Braille and the use of Braille unless the IEP Committee determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child.
  3. The assessment required for each student shall be conducted by a TVI and shall include, at a minimum, a research based learning media assessment and functional vision assessment, and if necessary in the determination of the IEP Committee, a comprehensive assistive technology evaluation.The assessment shall include a statement of the student’s academic and functional strengths, deficits and future needs.If, in the course of developing a student’s IEP or 504 Plan or in the review of the research based assessment and consideration of a student’s future needs, the majority of the members of the team concur that the student’s visual impairment and future needs do not affect reading and writing performance commensurate with ability, then Braille instruction and its use shall not be required by this section for that student. Nothing in this section shall require the exclusive use of Braille when other specialized educational services and assistive technology devices are determined more appropriate by the IEP Committee for the student’s educational needs.
  4. No student shall be denied the opportunity for instruction in Braille reading and writing only because the student has some residual vision.
  5. The parent or guardian or local educational agency shall have the right to audio record the proceedings of individualized education program team meetings.The parent or guardian or local educational agency shall notify the members of the individualized education program team of his, her, or its intent to audio record a meeting at least twenty-four (24) hours prior to the meeting.

HISTORY: Laws, 1995, ch. 571, § 3; Laws, 2008, ch. 380, § 3; Laws, 2012, ch. 474, § 3; Laws, 2012, ch. 548, § 3, eff from and after July 1, 2012.

Joint Legislative Committee Note —

Section 3 of ch. 474, Laws, 2012, effective July 1, 2012, amended this section. Section 3 of ch. 548, Laws, 2012, effective July 1, 2012, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the August 16, 2012, meeting of the Committee.

Editor’s Notes —

Sections 37-23-7 and 37-23-51 through 37-23-55, referred to in this section, were repealed by Laws of 1978, ch. 461, § 16, effective from and after July 1, 1978.

Sections 37-23-151 through 37-23-157, referred to in this section, were repealed by Laws of 1998, ch. 333, § 1, effective from and after July 1, 1998.

Amendment Notes —

The 2008 amendment rewrote the section to revise certain IEP development requirements and to authorize the development of a 504 Plan for blind or visually impaired students.

The first 2012 amendment (ch. 474), added (2), (4); and rewrote (3).

The second 2012 amendment (ch. 548), added the last paragraph.

Cross References —

Individualized educational program defined, see §37-23-193(c).

Assistive technology device defined, see §37-23-193(d).

IEP and 504 Plan defined, see §37-23-193.

IEP or 504 Plan to be written in consultation with certified teacher of the visually impaired under certain circumstances, see §37-23-197.

Federal Aspects—

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995.

§ 37-23-197. Eligibility for instruction in Literary and Nemeth Braille reading and writing; determination of need for Braille instruction or use.

  1. Each blind student, as determined by the IEP Committee, shall be eligible for instruction in Literary and Nemeth Braille reading and writing codes which will sufficiently enable that student to communicate effectively and efficiently with the same level of proficiency expected of the student’s peers of comparable ability and grade level.
  2. It shall be the standard procedure for the IEP or 504 Team under Section 37-23-195 that Braille instruction or the use of Braille is required for the student, and the student’s IEP or 504 Plan must be written in consultation with a Certified Teacher of the Visually Impaired.
  3. If the IEP or 504 team determines procedures other than the standard for the appropriate reading and writing media of a student are required, its decision must be based on the current ability and needs as well as the future needs of the student, considering the following:
    1. For a student with some residual vision where the team decides that large print, or large print in combination with Braille, is the appropriate reading and writing media, then that decision must be supported by a statement from a TVI declaring that the appropriate reading and writing media for that student is not Braille; and
    2. The reading and writing media of a student with some residual vision shall be determined after a TVI has administered and reviewed the results of a research-based learning media assessment and reviewed a student’s current reading and writing skill level in comparison to levels expected of the student’s sighted peers as determined by the IEP Committee.

HISTORY: Laws, 1995, ch. 571, § 4; Laws, 2008, ch. 380, § 4; Laws, 2012, ch. 474, § 4, eff from and after July 1, 2012.

Amendment Notes —

The 2008 amendment rewrote the section to revise IEP or 504 Plan requirements and provide for a determination of need for instruction in or use of Braille.

The 2012 amendment rewrote (1), (2); and added (3).

Cross References —

Blind student defined, see §37-23-193(a).

IEP and 504 Plan defined, see §37-23-193.

Certified teacher of the visually impaired, see §37-23-194.

Assessment of students to include Braille skills inventory or comprehensive assistive technology evaluation, see §37-23-195.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995.

§ 37-23-199. Textbook publishers that sell textbooks published after December 2008 to furnish certain electronically formatted files compatible with Braille conversion for literary and nonliterary subjects.

  1. All textbook publishers that sell textbooks published after December 2008 to school districts within the state must furnish the State Department of Education with computer files for literary and nonliterary subjects in the National Instructional Media Access Standard (NIMAS) from which Braille, audio and large print versions of the textbooks can be produced. The publishers also shall furnish the department with NIMAS files, American Standard Code for Information Interchange (ASCII) or other electronically formatted files compatible with Braille conversion for all adopted textbooks and supplementary materials, in both literary and nonliterary subjects, including natural sciences, computer science, mathematics and music, published after December 2008. All books purchased must have appropriate accompanying reproduction files.
  2. The State Board of Education shall promulgate and publish regulations, policies, and procedures for the administrative operation of the Mississippi Instructional Resource Center (MIRC) to further assure that blind and visually impaired students are annually identified and registered in order that all materials and textbooks required by blind and visually impaired students are received and distributed at the same time and in the same manner as textbooks and materials for their sighted peers. The MIRC manual must address, but is not limited to, addressing the following:
    1. The Federal Quota Program, established to promote the educational interests of blind and visually impaired students, which qualifies the state for funds from American Printing House for the Blind;
    2. The on-time delivery of textbooks and materials to blind and visually impaired students, so that the delivery of Braille and large print textbooks and all related supplementary materials will be commensurate with the delivery of regular print textbooks and materials for sighted students as outlined in textbook policies and procedures effective January 1, 2013; and
    3. Communication policies between MIRC, the department and local school districts designating a timeline for book orders, confirmations of orders, status and tracking of orders, delivery dates of orders and the return of books at the end of use by a district.
  3. The board also shall develop and publish policies and procedures for support for district level production of literary and nonliterary Braille textbooks and materials by August 1, 2013, in order to better facilitate the on-time delivery of textbooks to blind and visually impaired students.

HISTORY: Laws, 1995, ch. 571, § 5; Laws, 2008, ch. 380, § 5; Laws, 2012, ch. 474, § 5, eff from and after July 1, 2012.

Amendment Notes —

The 2008 amendment rewrote the section to require textbook publishers to provide computer files from which Braille, audio and large print versions of the textbooks can be produced.

The 2012 amendment rewrote (1) and added (2) and (3).

Cross References —

Textbooks generally, see §§37-43-1 et seq.

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995.

§ 37-23-201. Advisory committee; composition; duties.

  1. Before December 1, 2008, the State Board of Education shall appoint an ongoing Advisory Committee to expedite the implementation of Sections 37-23-191 through 37-23-203. The Advisory Committee shall be composed of at least twelve (12) persons nominated by the State Superintendent of Public Education from within or outside of the state, including, but not limited to, representatives of the following groups:
    1. The National Federation of the Blind;
    2. The Mississippi Council of the Blind;
    3. A parent or guardian of a blind student;
    4. The Coalition for Citizens with Disabilities;
    5. Special education directors having one or more blind or visually impaired students in their respective school districts;
    6. Specialists in Braille education or deaf-blindness or certified teachers of the blind and visually impaired students, or both. Specialists in Braille shall be deemed competent in reading and writing Literary Braille and Nemeth Code as certified by successful passage of the Mississippi Praxis II Braille Competency Exam and/or certified under National Certification in Literary Braille;
    7. Employees of the State Department of Education;
    8. Consumers, or an advocate of consumers, of Braille materials;
    9. The Mississippi School for the Blind;
    10. The Mississippi Instructional Resource Center; and
    11. Individuals from higher education programs that address issues specific to visual impairment.
  2. The State Superintendent of Public Education shall appoint a chairperson from among the members of the Advisory Committee. The committee shall meet at least semiannually upon the call of the superintendent, and its functions shall be to perform the duties prescribed in subsection (3) of this section. Members of the committee shall receive no compensation or per diem, but each member shall be entitled to reimbursement for all actual and necessary expenses incurred by his participation in the committee’s activities.
  3. The committee shall perform the following duties:
    1. Provide expertise to maximize collaboration with the National Instructional Materials Access Center (NIMAC) at the American Printing House for the Blind and, when necessary, textbook publishers on the development of NIMAS and associated graphics files to be converted into accessible textbooks with translation software;
    2. Recommend potential authorized users for the NIMAS program to the State Director of Special Education to ensure that all accessible textbook needs are met within the state on a timely basis, being no later than such time that all other students receive their corresponding textbooks;
    3. Study any other issues that the committee determines are relevant and necessary to the implementation of this article and to the improvement of the education of students who are blind or visually impaired in Mississippi; and
    4. Assist the State Department of Education in promulgating regulations, policies and procedures in implementing Sections 37-23-191 through 37-23-203.
  4. The State Superintendent of Public Education shall respond to the recommendations of the Advisory Committee within sixty (60) days of the annually published report.

HISTORY: Laws, 1995, ch. 571, § 6; Laws, 2008, ch. 380, § 6; Laws, 2012, ch. 474, § 6, eff from and after July 1, 2012.

Amendment Notes —

The 2008 amendment rewrote the section to revise the composition and duties of and make ongoing the advisory committee to the State Board of Education.

The 2012 amendment added the last sentence in (1)(f); rewrote the second sentence in (2); and added (4).

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995.

§ 37-23-203. Certification of teachers in education of blind and visually impaired students; adoption of Braille as core subject for blind and visually impaired students.

  1. As part of the certification process, teachers certified in the education of blind and visually impaired students shall be required to demonstrate competence in reading and writing Braille after January 1, 2010. The State Department of Education shall adopt procedures to assess such competencies.
  2. The department shall recognize Braille and Orientation Mobility as core subject areas for all blind students, as deemed appropriate by the IEP Committee for all areas of the Expanded Core Curriculum (ECC). The department shall adopt proficiency and competency in reading and writing of Literary Braille and Nemeth Code as a minimal standard for all teachers of the blind certified after January 1, 2010.
  3. Competency in reading and writing Literary Braille and Nemeth Code must be exhibited by an individual passing the Mississippi Praxis II Braille Competency Exam.
  4. The adoption of Braille as a core subject for blind and visually impaired students recognizes that the teaching of Braille is a unique educational need unparalleled by any other subject or skill taught to either general or special education students.
  5. The Expanded Core Curriculum (ECC) is the body of knowledge and skills that are needed by students with visual impairments due to their unique disability-specific needs. Students with visual impairments need the Expanded Core Curriculum in addition to the core academic curriculum of general education. The ECC should be used as a framework for assessing students, planning individual goals and providing instruction. The ECC includes compensatory or functional academic skills, including communication modes, orientation and mobility, social interaction skills, independent living skills, recreation and leisure skills, career education, use of assistive technology, sensory efficiency skills and self-determination.

HISTORY: Laws, 1995, ch. 571, § 7; Laws, 2008, ch. 380, § 7; Laws, 2012, ch. 474, § 7, eff from and after July 1, 2012.

Amendment Notes —

The 2008 amendment substituted “July 1, 2010” for ”July 1, 2000” at the end of the first sentence, and deleted “which are consistent with the standards adopted by the National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, D.C.” from the end of the last sentence.

The 2012 amendment substituted “after January” for “before July” at the end of the first sentence in (1); and added (2) through (5).

RESEARCH REFERENCES

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

CJS.

78A C.J.S., Schools and School Districts § 995

§ 37-23-205. Certified Teacher of the Visually Impaired Scholarship Program established.

There is hereby established the Certified Teacher of the Visually Impaired Scholarship Program. The program shall be operated by the Mississippi Instructional Resource Center (MIRC). MIRC shall develop rules and regulations to implement a scholarship program to assist Certified Teachers of the Visually Impaired in taking and passing the Mississippi Praxis II Braille Competency Exam and/or becoming certified under National Certification in Literacy Braille. Funding for this program shall be administered through a special fund at the Mississippi Department of Education and shall be subject to appropriation.

HISTORY: Laws, 2012, ch. 562, § 3, eff from and after July 1, 2012.

Chapter 24. Mississippi Youth Concussion Law

§ 37-24-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Youth Concussion Law.”

HISTORY: Laws, 2014, ch. 301, § 1, eff from and after July 1, 2014.

§ 37-24-3. Definitions.

As used in this chapter, the following words and phrases have the meanings as defined in this section unless the context clearly indicates otherwise:

“Health care provider” means a licensed physician or a licensed nurse practitioner, licensed physician assistant or licensed health care professional working within the person’s scope of practice and under the direct supervision or written consultation of a physician. All health care providers referred to in this chapter also must be trained in the evaluation and management of concussions.

“School athletic event” means activities sanctioned by the Mississippi High School Activities Association (MHSAA) or the Mississippi Association of Independent Schools (MAIS), and school-sponsored activities in Grades 7 through 12 of schools that are not members of the MHSAA or the MAIS which activities are organized and conducted in a manner substantially similar to activities that are sanctioned by the MHSAA or the MAIS.

HISTORY: Laws, 2014, ch. 301, § 2, eff from and after July 1, 2014.

§ 37-24-5. Concussion management and return to play policy; components.

Each local board of education, administration of a nonpublic school, and governing body of a charter school shall adopt and implement a concussion management and return to play policy that includes the following components:

Parents or guardians shall receive and sign a copy of the concussion policy before the start of the regular school athletic event season.

An athlete who reports or displays any symptoms or signs of a concussion in a practice or game setting shall be removed immediately from the practice or game. The athlete shall not be allowed to return to the practice or game for the remainder of the day regardless of whether the athlete appears or states that he or she is normal.

The athlete shall be evaluated by a health care provider working within the provider’s scope of practice.

If an athlete has sustained a concussion, the athlete shall be referred to a licensed physician, preferably one with experience in managing sports concussion injuries.

The athlete who has been diagnosed with a concussion shall be returned to play only after full recovery and clearance by a health care provider.

An athlete shall not return to a competitive game before demonstrating that he or she has no symptoms in a full supervised practice.

Athletes shall not continue to practice or return to play while still having symptoms of a concussion.

HISTORY: Laws, 2014, ch. 301, § 3, eff from and after July 1, 2014.

§ 37-24-7. Concussion recognition education course; materials.

The State Department of Health shall endorse one (1) concussion recognition education course to provide information to Mississippians of the nature and risk of concussions in youth athletics, which shall be available online. Such course may include education and training materials made available, at no charge, by the federal Centers for Disease Control and Prevention or other training materials substantively and substantially similar to those materials.

HISTORY: Laws, 2014, ch. 301, § 4, eff from and after July 1, 2014.

§ 37-24-9. Immunity.

This chapter does not create any liability for, or create a cause of action against, a school or its officers or employees, a health care provider, an organization or association of which a school or school district is a member, a private or public school, a private club, a public recreation facility, or an athletic league when such person or entity has complied with the provisions of this chapter.

HISTORY: Laws, 2014, ch. 301, § 5, eff from and after July 1, 2014.

Chapter 25. Driver Education and Training

§ 37-25-1. Declaration of purpose.

The aims and purposes of driver’s education and training shall be to develop a knowledge of those provisions of the Mississippi Code of 1972 and other laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness and consequences of traffic accidents, and the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.

HISTORY: Codes, 1942, § 6232-71; Laws, 1962, ch. 341, § 1, eff from and after passage (approved May 26, 1962).

§ 37-25-3. Establishment and maintenance of driver education and training program.

The school board of any school district maintaining a secondary school which includes any of the grades nine through twelve inclusive, may, in its discretion, establish and maintain driver education and training programs for pupils enrolled in the day secondary schools in that district.

HISTORY: Codes, 1942, § 6232-72; Laws, 1962, ch. 341, § 2, eff from and after passage (approved May 26, 1962).

Cross References —

State curriculum committee, see §37-13-9.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 419, 420, 422 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 1074-1076.

§ 37-25-5. Promulgation of rules and regulations; contents of program; budget; administration of program.

The State Superintendent of Public Education shall prepare and recommend to the State Board of Education, and the board shall adopt rules and regulations governing the establishment, conduct and scope of driver education and training programs in secondary schools of this state, subject to the requirements and exceptions set forth in this chapter. Said program shall be established and maintained only in accordance with such rules and regulations. The state driver education and training program in secondary schools of this state shall include a program of study for alcohol and safety education as it pertains to driver and highway safety and shall also include instruction relating to organ and tissue donation and organ and tissue donation procedures, and shall include instruction on the litter laws of the state and the responsibilities of the driver and all passengers to dispose of litter in the proper container. The state driver education and training program in secondary schools of this state shall also include a program of study, developed by the Department of Public Safety under Section 37-25-29, on how persons should properly respond when stopped by law enforcement officers.

The State Superintendent of Public Education shall prepare an administrative budget from funds made available under this chapter which budget shall be approved by the State Board of Education. It shall be the responsibility of the State Superintendent of Public Education to administer this program in accordance with rules and regulations established by the State Board of Education and to appoint the necessary supervisors of safety education and the necessary clerical personnel.

HISTORY: Codes, 1942, § 6232-73; Laws, 1962, ch. 341, § 3; Laws, 1970, ch. 361, § 1; Laws, 1985, ch. 470, § 1; Laws, 2002, ch. 481, § 1; Laws, 2017, ch. 430, § 11, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 430, § 14, provides:

“SECTION 14. Sections 1 through 12 of this act shall take effect and be in force from and after July 1, 2017. Section 13 of this act shall take effect and be in force from and after its passage [approved April 17, 2017].”

Amendment Notes —

The 2002 amendment rewrote the last sentence of the first paragraph.

The 2017 amendment added the last sentence of the first paragraph.

Cross References —

Motor vehicles and traffic regulations generally, see §§63-1-1 et seq.

§ 37-25-7. Student eligibility for instruction; learners’ permits.

Each school district providing driver training and education shall prescribe regulations determining who can best profit by and who shall receive instruction under this program. It is provided, however, that any student receiving instruction under this chapter shall be:

Fourteen years of age or above;

A regularly enrolled student in the ninth, tenth, eleventh or twelfth grade; and

A full-time student in the respective secondary school.

Any driver education student under fifteen (15) years of age shall secure a learner’s permit issued by the Department of Public Safety which shall be valid only while the student is under the direct supervision of a driver education instructor and is actually enrolled in an approved course of driver education which consists of thirty (30) hours of classroom and six (6) hours of dual driving instruction. The learner’s permit shall expire at the end of the driver training course. The Department of Public Safety shall charge a fee of One Dollar ($1.00) for the issuance of a learner’s permit.

HISTORY: Codes, 1942, § 6232-74; Laws, 1962, ch. 341, § 4; Laws, 1994, ch. 588, § 5, eff from and after September 1, 1995.

Cross References —

Temporary driving permits generally, see §63-1-21.

§ 37-25-9. Repealed.

Repealed by Laws, 2011, ch. 442, § 20, effective from and after July 1, 2011.

§37-25-9. [Codes, 1942, § 6232-75; Laws, 1962, ch. 341, § 5, eff from and after passage (approved May 26, 1962).]

Editor’s Notes —

Former §37-25-9 required school districts to report annually to the superintendent of education the cost of providing and the number of students enrolled in driver education courses during the preceding year.

§ 37-25-11. Determination of cost of program.

A determination of the cost of a driver education and training program in a secondary school shall include, but by no means is limited to, the cost of the replacement of the automobile or machinery used in the instruction of pupils, the cost of the instructor’s salary, the upkeep and maintenance of said automobile, and the cost of such other equipment and classroom data as may be required in a driver education and training program operated in compliance with the rules and regulations of the state board of education.

HISTORY: Codes, 1942, § 6232-76; Laws, 1962, ch. 341, § 6, eff from and after passage (approved May 26, 1962).

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

§ 37-25-13. Allowances to districts for program.

The state superintendent of public education shall allow to each school district an amount per pupil to be determined by the state board of education, but in no case to exceed the actual cost per pupil completing the course in the driver education and training programs in that school district during the preceding fiscal year in accordance with the regulations set forth by the state board of education to the school districts for instructing pupils in driver education and training. All such funds made available for the purposes of this section shall be appropriated by the legislature in the same manner as general funds. In the event that the funds herein authorized by the legislature for the support of driver education shall exceed the funds which actually become available, each participating school district shall have its funds reduced on a pro rata basis.

No allowance shall be made under this section for the instruction of pupils in driver education and training unless the respective school district has complied with the rules and regulations as set forth by the state board of education governing the establishment, conduct and scope of driver education and training.

HISTORY: Codes, 1942, §§ 6232-77, 6232-78, 6232-87; Laws, 1962, ch. 341, §§ 7, 8, 17; Laws, 1982, ch. 443, eff from and after July 1, 1982.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State superintendent of public education, see §§37-3-9,37-3-11.

§ 37-25-15. Repealed.

Repealed by Laws, 1990, ch. 329, § 3, eff from and after October 1, 1990.

[Codes, 1942, § 6232-79; Laws, 1962, ch. 341, § 9]

Editor’s Notes —

Former §37-25-15 provided for assessments for driver education and training programs.

§ 37-25-17. Driver Training Penalty Assessment Fund.

Such assessments as are collected under subsections (1) and (2) of Section 99-19-73 shall be deposited in the Driver Training Penalty Assessment Fund, which fund is hereby created, to be used exclusively as provided in this chapter.

HISTORY: Codes, 1942, § 6232-80; Laws, 1962, ch. 341, § 10; Laws, 1985, ch. 425, § 9; Laws, 1990, ch. 329, § 4, eff from and after October 1, 1990.

Cross References —

Deposit of portion of standard state assessment into the Driver Training Penalty Assessment Fund, see §99-19-73.

§ 37-25-19. Repealed.

Repealed by Laws, 1990, ch. 329, § 3, eff from and after October 1, 1990.

[Codes, 1942, § 6232-81; Laws, 1962, ch. 341, § 11; Laws, 1985, ch. 470, § 2]

Editor’s Notes —

Former §37-25-19 related to deposit of bail to cover penalty assessment.

§ 37-25-21. Waiver of driver training penalty assessment.

In any case where any person, convicted of any violation punishable by fine and the levy of the penalty assessment specified in this chapter, is imprisoned until the fine is satisfied, the judge may waive all or any part of the penalty assessment where, in his opinion, the payment of said penalty assessment would work a hardship on the person convicted or his immediate family.

HISTORY: Codes, 1942, § 6232-82; Laws, 1962, ch. 341, § 12, eff from and after passage (approved May 26, 1962).

§ 37-25-23. Purchase of necessary equipment, aids and devices and materials; effect of repeal of statutory authority to purchase liability insurance.

In addition to and supplementary of all other powers authorized by law, the State Board of Education is hereby authorized and empowered to promulgate reasonable rules and regulations deemed necessary to carry out the legislative intent of Chapter 341, Laws of the 1962 Regular Session of the Mississippi Legislature, being Sections 37-25-1 et seq., Mississippi Code of 1972. The State Board of Education is authorized to purchase for cash or by lease-purchase agreement all the necessary equipment, visual and training aids and devices, and related materials required to administer this act, upon competitive public bids as required by law for public purchases.

The repeal of Chapter 387, Laws of 1968, authorizing the purchase of liability insurance upon driver training aids and devices and motor vehicles transporting the same, shall not affect any litigation or prosecutions pending on June 30, 1970, or prevent the filing of any litigation or commencement of any action accruing prior to said date.

HISTORY: Codes, 1942, § 6232-83; Laws, 1962, ch. 341, § 13; Laws, 1968, ch. 387, § 1; Laws, 1976, ch. 364, § 1; Laws, 1985, ch. 470, § 3, eff from and after July 1, 1985.

Editor’s Notes —

The preamble to Laws of 1976, ch. 364, reads as follows:

“WHEREAS, the Legislature enacted legislation for driver education and training in 1962; and

“WHEREAS, the Legislature in 1968 intended to allow the purchase of liability insurance for a two-year period; and

“WHEREAS, such authorization was done by amending a section dealing with purchasing and an amendment was adopted to repeal such section on June 30, 1970; and

“WHEREAS, the intent of the Legislature was to repeal only the insurance portion; Now, therefore.

“Be it enacted by the Legislature of the State of Mississippi:”

Laws of 1976, ch. 364, § 2, provides as follows:

“SECTION 2. All actions taken by the Commissioner of Public Safety and the State Board of Education since June 30, 1970, which would have been legally authorized except for the inadvertent repeal of the language appearing in Section 1 of this act by Chapter 387, Laws of the 1968 Regular Session of the Mississippi Legislature, are hereby ratified and such actions shall be presumed to have been taken in accordance with the laws of the state of Mississippi.”

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

§ 37-25-25. Repealed.

Repealed by Laws, 2011, ch. 442, § 20, effective from and after July 1, 2011.

§37-25-25. [Codes, 1942, § 6232-84; Laws, 1960, ch. 341, § 14; Laws, 1970, ch. 362, § 1, eff from and after July 1, 1970.]

Editor’s Notes —

Former §37-25-25 required an annual report of funds provided for and expended under authority of chapter.

§ 37-25-27. Payment of funds expended under chapter.

Funds expended under authority of this chapter shall be paid by the state treasurer out of the driver training penalty assessment fund or other funds used in administering this chapter, upon warrants issued by the state auditor of public accounts. The said auditor shall issue his warrant upon requisition signed by the proper person, officer or officers in the manner provided by law.

HISTORY: Codes, 1942, § 6232-85; Laws, 1962, ch. 341, § 15, eff from and after passage (approved May 26, 1962).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 37-25-29. Driver education program to include instruction in how a person should properly respond when stopped by law enforcement officers; curriculum to include drivers’ constitutional rights.

  1. The Department of Public Safety shall develop a program of study on how persons should properly respond when stopped by law enforcement officers to be taught to students as part of the state driver education and training program and as part of a driver education program taught to students attending nonpublic schools.
  2. Any program developed by the Department of Public Safety under this section shall incorporate in that curriculum the constitutional rights that drivers have when encountering a law enforcement officer, including, but not limited to, consent to search and refusal to provide information not pertinent to the traffic stop.

HISTORY: Laws, 2017, ch. 430, § 10, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 430, § 14, provides:

“SECTION 14. Sections 1 through 12 of this act shall take effect and be in force from and after July 1, 2017. Section 13 of this act shall take effect and be in force from and after its passage [approved April 17, 2017].”

Chapter 26. State Court Education Fund

§ 37-26-1. Legislative purpose; applicability of chapter.

  1. The purpose of this chapter is to provide funds for use by:
    1. The University of Mississippi Law Center in providing: (i) education and training for the courts of Mississippi and related personnel; (ii) technical assistance for the courts of Mississippi and related personnel; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of the courts of Mississippi and related personnel; and
    2. The Attorney General of the State of Mississippi in providing: (i) education and training for district attorneys, county prosecuting attorneys and municipal prosecuting attorneys; (ii) technical assistance for district attorneys, county prosecuting attorneys and municipal prosecuting attorneys; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of district attorneys, county prosecuting attorneys and municipal prosecuting attorneys.
  2. The provisions of this chapter are applicable to all courts of Mississippi, now or hereafter created, including, but not limited to, the supreme, circuit, chancery, county, youth, family, justice and municipal courts, other provisions to the contrary notwithstanding.

HISTORY: Laws, 1981, ch. 368, § 1; Laws, 1985, ch. 338, § 1; Laws, 1989, ch. 471, § 1, eff from and after July 1, 1989.

Cross References —

State Court Constituents Fund, see §37-26-9.

Monies from State Court Security Systems Fund allocable for security of courtrooms for courts specified in this section, see §37-26-9.

Continuing legal education for attorneys licensed to practice law in the State of Mississippi, see Rules and Regulations for Mandatory Continuing Legal Education, Rules 1 et seq.

Continuing judicial education for Mississippi judges, see Rules and Regulations for Mandatory Continuing Judicial Education, Rules 1 et seq.

§ 37-26-3. Court education and training cost in civil cases; funding of agency expenses; deposit of user charges and fees authorized under this section into State General Fund.

  1. In addition to any other fees or costs now or as may hereafter be provided by law, there is hereby charged in all civil cases in the chancery, circuit, county, justice and municipal courts of this state a court education and training cost in the amount of Two Dollars ($2.00), except in justice court cases where the amount sued for is less than Fifteen Dollars ($15.00). Such cost shall be collected by the clerk or judicial officer from the party bringing the civil action at the time of filing and taxed as costs.
  2. From and after July 1, 2017, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
  3. From and after July 1, 2017, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 1981, ch. 368, § 2; Laws, 1985, ch. 338, § 2; Laws, 2017, 1st Ex Sess, ch. 7, § 18, eff from and after passage (approved June 23, 2017).

Amendment Notes —

The 2017 amendment, effective June 23, 2017, added (2) and (3).

Cross References —

Provision that costs are not due until suit is ended, see §11-53-69.

Duty of justice court clerk with respect to costs charged under this section, see §25-3-36.

Collection of court education and training costs, see §37-26-9.

§§ 37-26-5 through 37-26-7. Repealed.

Repealed by Laws, 1990, ch. 329, § 5, eff from and after October 1, 1990.

§37-26-5. [Laws, 1981, ch. 368, § 3; Laws, 1985, ch. 338, § 3]

§37-26-7. [Laws, 1981, ch. 368, § 4; Laws, 1989, ch. 471, § 3]

Editor’s Notes —

Former §37-26-5 related to court education and training cost imposed upon each conviction in criminal cases.

Former §37-26-7 required cost for court education and training to be deposited with cash bail, and treated the disposition of funds upon forfeiture of bail.

§ 37-26-9. Collection of court education and training costs; deposits; State Court Education Fund; State Prosecutor Education Fund; State Court Constituents Fund; State Court Security Systems Fund; funding of expenses of the funds; deposit of user charges and fees authorized under this section into State General Fund.

  1. It shall be the duty of the clerk of any court to promptly collect the costs imposed pursuant to the provisions of Section 37-26-3. In all cases the clerk shall monthly deposit all such costs so collected with the State Treasurer either directly or by other appropriate procedures. All such deposits shall be clearly marked for the State Court Education Fund and the State Prosecutor Education Fund. Upon receipt of such deposits, the State Treasurer shall credit seventy-five percent (75%) of any amounts so deposited to the State Court Education Fund created pursuant to subsection (2) of this section, and shall credit the remaining twenty-five percent (25%) of any amounts so deposited to the State Prosecutor Education Fund created pursuant to subsection (3) of this section.
  2. Such assessments as are collected under Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the “State Court Education Fund.” Monies deposited in such fund shall be expended by the Board of Trustees of State Institutions of Higher Learning as authorized and appropriated by the Legislature to defray the cost of providing: (i) education and training for the courts of Mississippi and related personnel; (ii) technical assistance for the courts of Mississippi and related personnel; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of the courts of Mississippi and related personnel.
  3. Such assessments as are collected under Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the “State Prosecutor Education Fund.” Monies deposited in such fund shall be expended by the Attorney General of the State of Mississippi as authorized and appropriated by the Legislature to defray the cost of providing: (i) education and training for district attorneys, county prosecuting attorneys and municipal prosecuting attorneys; (ii) technical assistance for district attorneys, county prosecuting attorneys and municipal prosecuting attorneys; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of district attorneys, county prosecuting attorneys and municipal prosecuting attorneys.
  4. A supplemental fund is hereby created in the State Treasury and designated the State Court Constituents Fund. Monies deposited in such fund shall be for the education and training of judges and related court personnel other than those specified in Section 37-26-1(b). In addition to any other fees or costs now or as may hereafter be provided by law, there is hereby charged in all civil cases in the chancery, circuit, county, justice and municipal courts of this state a supplemental court education and training cost in the amount of Fifty Cents (50¢), except in justice court cases where the amount sued for is less than Fifteen Dollars ($15.00); and in all criminal cases in the circuit, county, justice and municipal courts of this state, except in cases where the fine is less than Ten Dollars ($10.00). Such costs shall be charged and collected as provided by Sections 37-26-3 and 37-26-5.

    After the transfer to the State Prosecutor Education Fund of twenty-five percent (25%) of the money provided for in subsection (1) of this section, there shall then be transferred into the State Court Education Fund the money on deposit in the State Court Constituents Fund.

  5. A special fund is created in the State Treasury and designated the “State Court Security Systems Fund.” Monies deposited in such fund shall be expended for general courtroom security as well as the maintenance and operation of security surveillance and detection devices for the courtrooms of each court of the State of Mississippi specified in Section 37-26-1(2). The Administrative Office of Courts shall conduct a study to assess and determine the security needs of the courts and is authorized to expend monies in the fund for the purposes of the fund as authorized and appropriated by the Legislature.
  6. From and after July 1, 2017, the expenses of the State Court Education Fund, the State Prosecutors Education Fund, the State Court Constituents Fund and the State Court Security Systems Fund shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
  7. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 1981, ch. 368, § 5; Laws, 1985, ch. 338, § 4; Laws, 1989, ch. 471, § 2; Laws, 1990, ch. 329, § 6; Laws, 1991, ch. 512, § 1; Laws, 1993, ch. 545, § 1; Laws, 2017, 1st Ex Sess, ch. 7, § 19, eff from and after passage (approved June 23, 2017).

Editor’s Notes —

Section 37-26-5 referred to in (4) was repealed by Laws of 1990, ch. 329, § 5 eff from and after October 1, 1990.

Amendment Notes —

The 2017 amendment, effective June 23, 2017, added (6) and (7).

Cross References —

Court education and training costs, see §37-26-3.

Deposit of portion of standard state assessment into the State Court Education Fund and the State Prosecutor Education Fund, see §99-19-73.

§ 37-26-11. Children’s Advocacy Centers Fund created; funding of expenses of Children’s Advocacy Centers Fund Program; deposit of user charges and fees authorized by this section into State General Fund [Effective until July 1, 2019].

  1. There is created in the State Treasury a special fund to be known as the Children’s Advocacy Centers Fund, which shall be administered by the Office of the Attorney General. The purpose of the fund shall be for training forensic interviewers in child abuse and child sexual abuse cases, training law enforcement officers and prosecutors about child abuse cases, expanding the number of Children’s Advocacy Centers of Mississippi to underserved areas, and other related purposes. Monies in the fund shall be expended by the Attorney General, upon appropriation by the Legislature. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
    1. Monies appropriated by the Legislature for the purposes of funding the Children’s Advocacy Centers of Mississippi;
    2. The interest accruing to the fund;
    3. Monies received under the provisions of Section 99-19-73;
    4. Monies received from the federal government;
    5. Donations; and
    6. Monies received from such other sources as may be provided by law.
  2. From and after July 1, 2016, the expenses of the Children’s Advocacy Centers Fund Program shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
  3. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 2012, ch. 554, § 3; Laws, 2017, 1st Ex Sess, ch. 7, § 20, eff from and after passage (approved June 23, 2017).

Editor’s Notes —

Laws of 2012, ch. 554, § 6 provides:

“SECTION 6. During fiscal year 2013, the following agencies shall have the authority to receive, budget and expend the following amounts generated from the assessments enacted in House Bill No. 878, 2012 Regular Session [Chapter 554, Laws of 2012]:

“University of Mississippi Medical Center for the

Children’s Justice Center . . . . . $750,000.00

“Board of Trustees of State Institutions of

Higher Learning for the DuBard School

for Language Disorders . . . . . $300,000.00

“Attorney General’s office for the Children’s Advocacy

Centers of Mississippi . . . . . $650,000.00

“Attorney General’s office for the Motorcycle

Officers Training Program . . . . . $50,000.00

“The above listed escalations shall be done in accordance with the rules and regulations of the Department of Finance and Adminstration in a manner consistent with the escalation of federal funds.”

Amendment Notes —

The 2017 amendment, effective June 23, 2017, added (2) and (3).

§ 37-26-11. Children’s Advocacy Centers Fund created; funding of expenses of Children’s Advocacy Centers Fund Program; deposit of user charges and fees authorized by this section into State General Fund [Effective July 1, 2019].

  1. There is created in the State Treasury a special fund to be known as the Children’s Advocacy Centers Fund, which shall be administered by the Office of the Attorney General. The purpose of the fund shall be for training forensic interviewers in child abuse and child sexual abuse cases, training law enforcement officers and prosecutors about child abuse cases, expanding the number of Children’s Advocacy Centers of Mississippi to underserved areas, and other related purposes. Monies in the fund shall be expended by the Attorney General, upon appropriation by the Legislature. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
    1. Monies appropriated by the Legislature for the purposes of funding the Children’s Advocacy Centers of Mississippi;
    2. The interest accruing to the fund;
    3. Monies received under the provisions of Section 99-19-73;
    4. Monies received from the federal government;
    5. Donations; and
    6. Monies received from such other sources as may be provided by law.
  2. There is created in the State Treasury a special fund to be known as the Mississippi Foster Care Fund, which shall be administered by the Department of Child Protection Services. The purpose of the fund shall be for supporting the services directly provided to foster families and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and for other related purposes. Monies in the fund shall be expended by the department, upon appropriation by the Legislature, only for the purposes stated in this subsection, and only in such amounts as then exist in the fund. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
    1. Monies appropriated by the Legislature for the purposes of funding the Mississippi Foster Care Fund;
    2. The interest accruing to the fund;
    3. Monies received under the provisions of Section 99-19-73 for the Mississippi Foster Care Fund, ninety percent (90%) of which shall be used directly for supporting the services directly provided to foster families and foster children by programs, persons or entities pursuant to contracts and grants that comply with Mississippi law, and no more than ten percent (10%) of which shall be used for administrative purposes;
    4. Monies received from the federal government;
    5. Donations; and
    6. Monies received from such other sources as may be provided by law.

      ( 3) From and after July 1, 2016, the expenses of the Children’s Advocacy Centers Fund Program shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.

      ( 4) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

HISTORY: Laws, 2012, ch. 554, § 3; Laws, 2017, 1st Ex Sess, ch. 7, § 20, eff from and after passage (approved June 23, 2017); Laws, 2019, ch. 412, § 1, eff from and after July 1, 2019.

Chapter 27. Agricultural High Schools

§ 37-27-1. Establishing county agricultural high schools.

The county board of education in each county in the state is hereby authorized and empowered to establish not more than two agricultural high schools in the county, and determine their location, in which instruction shall be given in high school branches, theoretical and practical agriculture, domestic science, and in such other branches as the board may hereinafter provide for and make a part of the curriculum, subject to review and correction by the state board of education. If only one school be established at first, the county board of education shall have power at any subsequent time to establish an additional school whenever the necessity for the same shall arise.

HISTORY: Codes, 1930, § 6674; 1942, § 6454; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

2. Powers of board of trustees.

3. Jurisdiction.

4. Miscellaneous.

1. In general.

Statutes relating to county agricultural high schools held to disclose purpose that tuition should be free to students. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

2. Powers of board of trustees.

Board of trustees of county agricultural high school possess only powers expressly conferred by statutes, or necessarily implied. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

3. Jurisdiction.

Under statute creating and regulating agricultural high schools-junior colleges and providing for support from means other than common school fund, chancery court had jurisdiction to validate notes issued for building program of such a school, since it was “school district” within meaning of statute governing court’s jurisdiction in such matters. Wyatt v. Harrison-Stone-Jackson Agricultural High School-Junior College, 177 Miss. 13, 170 So. 526, 1936 Miss. LEXIS 238 (Miss. 1936); Humphreys v. Hinds County Agricultural, etc., Junior College, 177 Miss. 1, 170 So. 530, 1936 Miss. LEXIS 239 (Miss. 1936).

4. Miscellaneous.

Plan for desegregating the schools of Coahoma County, Mississippi, would be adopted which would assign students in the first eight grades to neighborhood schools, after which the district would be zoned for the assignment of students in grades 9 through 12 to the county high school operated by the school district, and to the county agricultural high school operated by the junior college district. Taylor v. Coahoma County School Dist., 330 F. Supp. 174, 1970 U.S. Dist. LEXIS 11054 (N.D. Miss. 1970), aff'd, 444 F.2d 221, 1971 U.S. App. LEXIS 9525 (5th Cir. Miss. 1971).

§ 37-27-3. Tax levy for support and maintenance of school; election.

The board of supervisors of any county where an agricultural high school shall have been established by the county board of education, shall levy on the taxable property in the county at the time the annual tax levy is made, for the support and maintenance of said school. In case there are two (2) agricultural high schools in any county, the board shall levy a separate tax for the support of each school, and the taxes, when collected, shall only be used for the support and maintenance of the particular school for which the tax is levied. The tax levy for agricultural high school purposes for any year shall not be less than the equivalent uniform minimum school district ad valorem tax levy for agricultural high school support as certified by the State Board of Education.

Within twenty (20) days after the levy has been made twenty percent (20%) of the qualified electors of said county may file with the clerk of the board of supervisors a petition asking that the tax for the support of either one (1) or both agricultural high schools be not levied. Thereupon, the question shall be submitted to an election of the qualified electors of the county within thirty (30) days after the next meeting of the board of supervisors after the filing of the petition, at which election said electors may vote against the tax levy for the support for either one (1) or both schools. Should the majority of the votes cast be against the tax levied for the support of one (1) or both schools, then the levy of the board for the support of that school or both schools, as the case may be, shall be null and void, and the tax collector shall refuse to collect such tax so voted against. Should a majority of the votes be for the tax levied in support of either or both schools, then the tax collector shall proceed to collect the tax so authorized as all other taxes are collected, receiving the lawful commission of such collections. The tax collected shall be deposited with the county depository, to be paid out by him on the order of the board of trustees for the high school or high schools.

When a majority of the votes be for the tax levied in support of either or both schools, or if the school be established and the tax levied without an election, then another election shall not be held for the purpose of voting against the tax levied within a period of four (4) years from date of said election. In no case shall the tax levied for an agricultural high school, which maintains an average high school boarding dormitory patronage of thirty-five (35) pupils, resident of that county, be submitted to an election.

HISTORY: Codes, 1930, § 6675; 1942, § 6455; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1991, ch. 497, § 3, eff from and after July 1, 1991.

Cross References —

Homestead exemptions, see §27-33-3.

County ad valorem taxes, see §27-39-317.

Levy for schools generally, see §§37-57-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 65 et seq.

CJS.

78A C.J.S., Schools and School Districts § 1082 et seq.

§ 37-27-5. Levy of tax for building, repair, and equipment of school, and purchase of lands or buildings.

Boards of supervisors are hereby authorized, in their discretion, to levy on the taxable property in the county at the time the annual tax levy is made, a tax for the building, repair, and equipment of agricultural high schools, as well as for the purchase of suitable lands or buildings, or both, or for the payment of debts heretofore created for any of said purposes, not to exceed three mills. Within twenty (20) days after levy has been made, twenty percent (20%) of the qualified electors of said county may file with the clerk of the board of supervisors a petition asking that the tax be not levied; thereupon, the question shall be submitted to an election of the people, which election shall be decisive to the levy for that year only. The maximum levy for maintenance purposes as fixed by the law for the agricultural high school, shall not be deemed a limitation on the tax levy for the building, repair, and equipment of agricultural high schools hereinbefore mentioned, nor the levy under this section, a limitation on the levy for maintenance purposes.

HISTORY: Codes, 1930, § 6681; 1942, § 6461; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

County ad valorem taxes, see §27-39-317.

Tax to retire debt service on agricultural high school bonds, see §37-27-6.

Levy for schools generally, see §§37-57-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 65 et seq.

CJS.

78A C.J.S., Schools and School Districts § 1082 et seq.

§ 37-27-6. Tax to retire debt service on agricultural high school bonds.

The board of supervisors of any county wherein the control, operation and maintenance of the agricultural high school has been transferred to the county board of education under provisions of Section 37-29-272, is hereby authorized, in its discretion, upon request in writing of the board of trustees of the community college district in which such county is located, to levy on the taxable property in the county at the time the annual tax levy is made, a tax under Section 37-27-5 as is necessary for the retirement of debt service on bonds heretofore issued for the building, repair and equipment of such agricultural high school.

HISTORY: Laws, 1994, ch. 581, § 51, eff from and after July 1, 1994.

Cross References —

County ad valorem taxes, see §27-39-317.

Levy for schools generally, see §§37-57-1 et seq.

§ 37-27-7. Appointment of trustees.

The government and control of county agricultural high schools in any county shall be vested in a board of six trustees, one from each supervisor’s district, three of whom shall be elected by the county board of supervisors and two of whom shall be elected by the county board of education. The county superintendent of education, who shall be the secretary of the board and whose term shall be his or her tenure of office, shall be the sixth member and shall represent the county at large. All regular terms shall be for a term of four years.

HISTORY: Codes, 1930, § 6676; 1942, § 6456; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1936, 2nd Ex Sess ch. 11; Laws, 1968, ch. 405, § 1, eff from and after July 1, 1968.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 73.

CJS.

78 C.J.S., Schools and School Districts §§ 213, 214.

§ 37-27-9. Joint schools may be established by two or more counties.

In case the county board of education of two or more counties shall so decide, two or more counties may unite in establishing a joint agricultural high school, joint agricultural high school-junior college or two schools. The county boards of education of the two or more counties shall meet in joint session to determine the location of the school or schools, and if no place can be agreed upon by a majority of the joint boards for either school, the two places receiving the greatest number of votes shall be certified by the boards to the state board of education, which board shall select one of them as a site for the school.

In case any county not contributing to the support of an agricultural high school or agricultural high school-junior college desires to co-operate in the maintenance of such a school or schools already established by some other county or counties, and receive therefrom the full privileges and benefits of such an institution, such desire shall be made a matter of record on the minutes of the county board of education of the said county by a majority vote of said board. After such action by the county board of education, the board of supervisors of said county may with the consent of the trustees of the school or schools make a levy for the support of said agricultural high school or agricultural high school-junior college. After such levy has been made, the county shall, so far as the law is concerned, have all the privileges, rights, and duties concerning the operation of said school in every respect as the county or counties originally establishing said agricultural high school or agricultural high school-junior college.

HISTORY: Codes, 1930, § 6677; 1942, § 6457; Laws, 1924, ch. 283; Laws, 1928, ch. 70; Laws, 1930, ch. 278.

Cross References —

Joint operation of schools by adjoining school districts, see §§37-7-401 et seq.

Jointly operated regional vocational education center, see §§37-31-71 et seq.

§ 37-27-11. Trustees of joint agricultural high schools; levy of taxes.

The government of an agricultural high school established by two counties shall be vested in the board of trustees, six to be selected by each county in the same manner designated in Section 37-27-7 and the thirteenth to be chosen by the twelve so selected. In case no one receives a majority of all the votes of the twelve members the thirteenth trustee shall be selected by lot from the two highest in voting. The terms of the six trustees from each of the said counties shall be as provided in Section 37-27-7, and the thirteenth trustee shall serve for a term of four years. The government of an agricultural high school established by more than two counties shall be vested in a board of trustees composed of six trustees from each county selected in the manner provided by law. A majority of the board of trustees of an agricultural high school shall constitute a quorum. A county or counties co-operating with an established agricultural high school may be represented on the board of trustees of such school by the county superintendent of education and one trustee chosen by the board of supervisors of such county.

In levying the taxes provided by law, each county shall act independently, but if one county joining another or others in establishing a school, shall decline to levy the tax, the other county or counties may nevertheless do so, in which event the joint plan shall thereby be abandoned in so far as the county failing to levy the tax is concerned, and the county or counties levying the tax may proceed in the management and control of the school. In case two or more counties join in establishing or maintaining a joint school, and each county levies a special tax as provided by law, the tax collector of each county shall collect the tax in his county and pay the same into the county depository of his county. In paying the expenses of either school, the trustees shall draw on the funds of each county provided for that school, equitably as near as may be in proportion to the amount of tax collected for that school by each county; if no tax is levied, the trustees shall draw on any fund in the depository of the respective counties provided by law for the support of that school in proportion to the number of educable children attending such school for each county.

HISTORY: Codes, 1930, § 6678; 1942, § 6458; Laws, 1924, ch. 283; Laws, 1930, ch 278.

Cross References —

Joint operation of schools by adjoining school districts generally, see §§37-7-401 et seq.

§ 37-27-13. Ownership of joint schools.

Any county which has contributed or may hereafter contribute funds for the purchase of lands or for the construction of buildings for an agricultural high school or schools in another county, shall be deemed to be the owner of an interest in said agricultural high school in the proportion that the amount contributed by such county bears to the whole expense of the purchase of said lands or the construction of said buildings.

HISTORY: Codes, 1930, § 6679; 1942, § 6459; Laws, 1928, ch. 25; Laws, 1930, ch. 278.

Cross References —

Joint operation of schools by adjoining school districts generally, see §§37-7-401 et seq.

§ 37-27-15. General powers and duties of trustees; compensation.

The trustees of agricultural high schools shall have control of the property, elect and fix salaries of all teachers of the school, and shall have full power to do all things necessary to the successful operation of said school. When a common school is taught in connection with an agricultural high school, the election of teachers for the common school department shall be made by the common school trustees in the same manner as is required of other common school trustees.

The trustees may, where in their judgment it would be beneficial to the school, pay the traveling expenses, hotel bills, and other necessary expenses of the executive head of the school in promoting the school’s general welfare, provided that such traveling expenses, hotel bills, and other necessary expenses shall not exceed Nine Hundred Dollars ($900.00) annually.

Each member of the board of trustees, the county superintendent excepted, shall receive his actual expenses while on duty, provided that said expenses do not exceed Twelve Dollars and Fifty Cents ($12.50) per day, to be paid out of the county agricultural high school fund on receipt of an itemized statement issued to the county superintendent.

The board of trustees of a school established or maintained by the joint action of two or more counties, shall have all the power and discharge all the duties appertaining to boards of trustees of schools where only one county is interested.

HISTORY: Codes, 1930, §§ 6676, 6678; 1942, §§ 6456, 6458; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1936, 2nd Ex Sess, ch. 11; Laws, 1968, ch. 405, § 1, eff from and after July 1, 1968.

Cross References —

Powers, authority, and duties of boards of trustees of school districts generally, see §37-7-301.

Joint operation of schools by adjoining school districts generally, see §§37-7-401 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 84.

CJS.

78 C.J.S., Schools and School Districts §§ 294 et seq.

JUDICIAL DECISIONS

1. In general.

2. Particular powers of trustees.

1. In general.

General language of statutory provision defining powers of board of trustees of county agricultural high school does not confer unlimited and unregulated discretion. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

Board of trustees of county agricultural high school possesses only powers expressly conferred by statute, or necessarily implied. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

2. Particular powers of trustees.

Board of trustees of county agricultural high school held without power to make payment of athletic, literary, and library fees condition precedent to right of student to enter school. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

Under prior law trustees of agricultural high school held to have power to require pupils to wear uniform while attending school and visiting public places within 5 miles thereof. Jones v. Day, 127 Miss. 136, 89 So. 906, 1921 Miss. LEXIS 200 (Miss. 1921).

§ 37-27-17. Inspection of school by state superintendent of public education; state funds.

When the state superintendent of public education shall have received from the county superintendent of education of any county a statement showing that an agricultural high school has been located by the county board of education, that the land has been acquired, that necessary levy has been made by the board of supervisors, and that suitable buildings have been erected, including adequate boarding facilities, then the state superintendent shall visit such school and, after a thorough inspection thereof, make a full and complete report of said inspection to the state board of education. Should it appear to the state board of education that it would be to the interest of the state, and funds have been appropriated therefor, the board shall draw an order on the state auditor in favor of the county depository or depositories for the sum of One Thousand Dollars ($1,000.00) for each county supporting an agricultural high school, for the use of the trustees of the said high school or schools. The auditor shall issue his warrant annually on the depository for this amount, but not more than One Thousand Dollars ($1,000.00) for each county supporting an agricultural high school shall be paid to any one (1) school in one (1) year for agricultural high school purposes, except as hereinafter provided.

All schools failing to make an average attendance of forty (40) or more students for the previous session shall receive only One Thousand Dollars ($1,000.00), as provided above.

After Twenty-five Thousand Dollars ($25,000) each year has been set aside as an equalizing fund to be disbursed by the state board of education where the need is greatest, which amount shall be distributed without reference to attendance, the remainder shall be distributed on the per capita basis of the average boarding attendance of the previous session. However, no school shall receive more than Five Thousand Five Hundred Dollars ($5,500.00) a year of the remainder.

Any consolidated school carrying four (4) years’ accredited high school work, doing work in vocational agriculture and vocational home economics, as defined by the director of the division of vocational education, shall receive the following amounts under conditions named:

Schools having enrolled not less than twenty (20) all-day pupils in these classes shall receive Two Hundred and Fifty Dollars ($250.00) annually.

Schools having enrolled not less than thirty (30) all-day pupils in these classes shall receive Five Hundred Dollars ($500.00) annually.

Schools having enrolled not less than forty (40) all-day pupils in these classes shall receive Seven Hundred Fifty Dollars ($750.00) annually.

No aid shall be given an agricultural high school until the state board of education has approved the plans for the building and course of study for the same. The appropriations from the state treasury shall be made in such manner as to comply with the law, but the state aid may be withdrawn at any time, when the state board of education finds that a school is not being legally conducted for the purposes for which established.

HISTORY: Codes, 1930, § 6680; 1942, § 6460; Laws, 1926, ch. 326; Laws, 1928, ch. 293; Laws, 1930, ch. 278; Laws, 1938, ch. 218.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear. Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Duties of state superintendent of public education generally, see §37-3-11.

Director of Division of Vocational and Technical Education responsible for vocational and technical education, including agriculture and home economics, see §37-3-25.

JUDICIAL DECISIONS

1. In general.

Chancery court had jurisdiction to validate notes issued for building program of agricultural high school-junior college, since it was a “school district.” Wyatt v. Harrison-Stone-Jackson Agricultural High School-Junior College, 177 Miss. 13, 170 So. 526, 1936 Miss. LEXIS 238 (Miss. 1936); Humphreys v. Hinds County Agricultural, etc., Junior College, 177 Miss. 1, 170 So. 530, 1936 Miss. LEXIS 239 (Miss. 1936).

§ 37-27-19. Repealed.

Repealed by Laws of 2012, ch. 348, § 1, effective from and after July 1, 2012.

§37-27-19. [Codes, 1930, § 6680; 1942, § 6460; Laws, 1926, ch. 326; Laws, 1928, ch. 293; Laws, 1930, ch. 278; Laws, 1938, ch. 218.]

Editor’s Notes —

Former §37-27-19 provided standards schools had to achieve in order to be included on the list of approved agricultural high schools by the state board of education.

§ 37-27-21. Legislature shall make appropriations.

It shall be the duty of the legislature to make appropriations to meet the conditions of this chapter.

HISTORY: Codes, 1930, § 6684; 1942, § 6464; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

§ 37-27-23. Trustees shall be sole judges of eligibility of applicants.

The board of trustees of each county shall be the judges of the eligibility of all applicants for admission to any agricultural high school in the county. They shall not permit any applicant to become a student therein, when in the opinion of the said trustees the moral and mental characteristics of the applicant are such as would prove detrimental to the good morals of the institution.

HISTORY: Codes, 1930, § 6683; 1942, § 6463; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 277 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 987, 991.

JUDICIAL DECISIONS

1. In general.

2. Powers of trustees.

3. Tuition and fees.

1. In general.

Where facilities of county agricultural high school are sufficient, students having required educational foundation, if of good moral character, should be received. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

2. Powers of trustees.

Board of trustees of county agricultural high school possess only powers expressly conferred by statutes, or necessarily implied. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

3. Tuition and fees.

Statutes relating to county agricultural high schools held to disclose purpose that tuition should be free to students. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

Board of trustees of county agricultural high school held without power to make payment of athletic, literary, and library fees condition precedent to right of student to enter school. Morris v. Vandiver, 164 Miss. 476, 145 So. 228, 1933 Miss. LEXIS 233 (Miss. 1933).

§ 37-27-25. Trustees shall make detailed statements of receipts and disbursements.

The board of trustees of agricultural high schools shall make detailed statements of receipts and disbursements to the board or boards of supervisors and the county superintendent or superintendents of education annually on the first Monday of July. The county superintendent of education shall transmit to the state superintendent of public education, a copy of said detailed statement which shall be embodied in his annual report to the legislature.

HISTORY: Codes, 1930, § 6682; 1942, § 6462; Laws, 1924, ch 283; Laws, 1930, ch. 278; Laws, 1970, ch. 377, § 1, eff from and after July 1, 1970.

§ 37-27-27. Trustees of certain vocational-agricultural high schools may contract to supply water to municipality.

The board of trustees of any vocational-agricultural high school located within a municipality having a population of less than seven hundred, and not having a municipal water system, may, in its discretion, enter into a contract and agreement with the governing authority to supply said municipality with water from the water system owned by such vocational-agricultural high school.

Such contract or agreement shall be entered into by and between the board of trustees of such vocational-agricultural high school and the governing authority of such municipality. The same shall be made a matter of record on the minutes of each, and shall be upon such terms and conditions as may be agreed upon by and between the said board of trustees and the governing authority of such municipality.

HISTORY: Codes, 1942, § 6456.5; Laws, 1948, ch. 299, § 1.

§ 37-27-29. Oil, gas and mineral leases.

The trustees of agricultural high schools by and with the consent of the board of supervisors of the county or counties affected are hereby authorized to lease all or any part of the lands belonging to them for the purpose of investigating, exploring, prospecting, drilling and mining for and producing oil, gas and all other minerals, laying pipe lines, building roads, tanks, power stations, telephone lines and other structures thereon to produce, save, take care of, treat, transport and dispose of and own said products, and housing its employees, and to collect royalties from such leases. Any lease of such land shall contain a provision to retain at least a one-eighth interest in the royalties and proceeds and receipts of any oil, gas and/or minerals produced thereon for the benefit of such school.

Any funds arising from or collected under this section shall be deposited in the county depository of the county in which said school is located to the credit of said agricultural high school. Such funds may be disbursed as other funds belonging to said institution.

HISTORY: Codes, 1942, § 6485; Laws, 1932, ch. 164; Laws, 1946, ch. 304, § 1.

Cross References —

Oil, gas and mineral leases by county boards of supervisors of sixteenth section and lieu lands, see §29-3-99.

Oil, gas and mineral leases by boards of trustees of school districts of district lands, see §37-7-305.

Agreements for cooperative development and operation of common accumulations of oil and gas under leases by public officers, see §53-3-51.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 117.

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763.

§ 37-27-31. Lease of school buildings, equipment and lands.

The board of trustees of any agricultural high school is hereby authorized to lease the buildings and equipment thereof to any responsible individual for the purpose of carrying on a private school when there are no funds available for running said institution, and to lease the lands of said institution to some responsible person for agricultural purposes. Said leases shall not extend for any greater length of time than a period of three years from date of granting said lease.

HISTORY: Codes, 1942, § 6484; Laws, 1932, ch. 106.

Cross References —

Trustees may lease facilities for industrial training of students, see §37-27-33.

Similar provisions authorizing leases of buildings and equipment of junior colleges, see §37-29-77.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 117.

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763, 775, 776, 787.

§ 37-27-33. Trustees may lease facilities for industrial training of students.

If an agricultural high school has established or hereafter establishes facilities for the industrial training of students and it appears to the board of trustees that the training of students will be facilitated by the continuous operation of such facilities, the trustees are authorized to lease to individual firms or corporations such facilities or a part thereof upon such terms and conditions as the trustees may approve, provided that all students desirous of securing training of the kind offered by the lessee shall be given a reasonable opportunity therefor.

HISTORY: Codes, 1930, § 6676; 1942, § 6456; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1936, 2nd Ex Sess, ch. 11; Laws, 1968, ch. 405, § 1, eff from and after July 1, 1968.

Cross References —

Lease of school buildings, equipment and lands, see §37-27-31.

Similar provisions authorizing such leases of industrial training facilities of junior colleges, see §37-29-175.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 117.

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763, 775, 776, 787.

§ 37-27-35. Trustees may acquire private educational institution outside of county.

The trustees of an agricultural high school in one county may acquire by donation the plant (including lands, buildings, and equipment) of a privately owned educational institution situated on land outside of but adjoining the county line, and thereon and therewith maintain and operate an agricultural high school as though it were wholly located in the county receiving the donation. All laws governing the maintenance and operation of agricultural high schools shall apply to the operation, management and control of said high school as if it were situated within the county operating it.

HISTORY: Codes, 1942, § 6473-01; Laws, 1946, ch. 239, § 1.

Cross References —

Authority for agricultural high schools and public schools to acquire each other’s property, see §37-27-41.

§ 37-27-37. Establishment of junior college in connection with agricultural high school outside county.

Any county now or hereafter maintaining and operating an agricultural high school outside of said county, pursuant to the authority of Section 37-27-35, is hereby authorized to establish, maintain, and operate a junior college in connection with such agricultural high school. All laws of the state governing the establishment, maintenance, and operation of junior colleges shall apply to the establishment, operation, eligibility for support funds, management, and control of such junior college as if it were situated within the county operating it. Such junior college may be established outside of, but adjoining, the territorial boundaries of the junior college district for which it is established.

This section is additional and cumulative to all existing laws relating to the establishment, maintenance, and operation of junior colleges and shall be entitled to a liberal construction for the accomplishment of its remedial purposes.

HISTORY: Codes, 1942, § 6473-02; Laws, 1954, Ex Sess, ch. 26, §§ 1, 2.

Cross References —

Authority for establishment and maintenance of state junior college system, see §37-29-1.

§ 37-27-39. Trustees may exchange certain lands.

The boards of trustees of any agricultural high school in the state, with the approval of the board of supervisors and the county board of education, are hereby authorized and empowered to exchange the lands belonging to said schools, except the lands on which the school buildings are located, for other lands. The deed or deeds of conveyance shall be executed by the president or chairman and the secretary of the board of trustees pursuant to an order of the board of trustees entered on its minutes, and pursuant to an order of approval by the board of supervisors and county board of education entered on their minutes, and which, when so executed, shall be fully effective to convey title to said property. The orders of the respective boards shall fully describe the property to be conveyed by said school and also, the property to be received in exchange for same.

HISTORY: Codes, 1930, § 6693; 1942, § 6474; Laws, 1928, ch. 215; Laws, 1930, ch. 278.

Cross References —

Exchange of school property generally, see §37-7-431 et seq.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools §§ 229:102 et seq. (acquisition of and addition to school property).

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763.

§ 37-27-41. Agricultural high schools and public schools may be authorized to acquire each other’s property.

The board of supervisors of any county may authorize the sale of any undivided interest in any property owned by an agricultural high school and used for school purposes to any public school, and the board of supervisors may authorize the sale of an undivided interest in any public school property used for school purposes to an agricultural high school. Before an order authorizing such sale shall be effected, the boards of trustees of each of such schools shall agree in writing on the terms of such sale, and shall set out in full the extent of the rights of use and occupancy of the school and grounds each of said schools is to enjoy, and shall also agree upon the control, management and preservation of such premises. Before, however, any such contract with reference to the use, occupancy, management and control of such school buildings and grounds to be used for joint purposes is final it shall receive the approval of the county board of education.

HISTORY: Codes, 1930, § 6692; 1942, § 6473; Laws, 1924, ch. 289; Laws, 1930, ch. 278.

Cross References —

Acquisition by boards of trustees of agricultural high schools of private educational institutions outside of county, see §37-27-35.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools §§ 229:102 et seq. (acquisition of and addition to school property).

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763, 775, 776, 787.

§ 37-27-43. Trustees may sell property not needed for school purposes.

When any agricultural high school shall own any land, buildings or other property that is not used for school or related school purposes and not needed in the operation of the school, the board of trustees of such agricultural high school may sell and convey such land, buildings or other property in the manner provided in Sections 37-27-45 through 37-27-49.

HISTORY: Codes, 1942, § 6328-41; Laws, 1953, Ex Sess, ch. 28, § 1; Laws, 1960, ch. 305.

Cross References —

Sale of school district property not used for school purposes, see §§37-7-451 et seq.

Execution of quitclaim deeds and disclaimers of title by school district boards of trustees in cases where questions of title have arisen with reference to sale procedure and the like, see §89-1-25.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts §§ 737, 738, 741, 742, 761, 763, 775, 776, 787.

§ 37-27-45. Resolution required for sale.

When the board of trustees of any such agricultural high school shall desire to sell any such property as is provided for in Section 37-27-43, it shall pass a resolution declaring that such property is not needed nor used for school purposes and shall direct, in such resolution, that same be advertised for sale upon competitive bids in the manner provided for in Section 37-27-47.

HISTORY: Codes, 1942, § 6328-42; Laws, 1953, Ex Sess, ch. 28, § 2, eff from and after July 1, 1954.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools § 229:118 (school board resolution of intention to sell real property).

§ 37-27-47. Advertising of sale; conduct of sale.

All such land, buildings or other property to be sold pursuant to the authority granted in Section 37-27-43, shall be sold only after the receipt of sealed bids therefor after the time and place of making such sale shall have been duly advertised in some newspaper having a general circulation in the county in which the property is located once each week for three consecutive weeks with the first publication to be made not less than fifteen days prior to the date upon which such bids are to be received and opened. The property shall be sold to the highest and best bidder for cash, but the board of trustees shall have the right to reject any and all bids. If the property be not sold pursuant to such advertisement, the board of trustees may, by resolution, set a date for an open meeting of said board of trustees to be held within sixty days after the date upon which the bids were opened. At the meeting held pursuant to such resolution the board of trustees may sell by auction the said property for a consideration not less than the highest sealed bid previously received pursuant to said advertisement. At the meeting called pursuant to said resolution any interested party may bid for cash and the property shall be sold to the highest and best bidder for cash, but the board of trustees shall have the right to reject any and all bids. The board of trustees may require a written confirmation of bids received at such called meeting before selling the property at auction, but it shall not be necessary that sealed bids be received before conducting the auction. When the sale of such property shall be authorized and approved by the board of trustees the president of the board of trustees shall be authorized and empowered to execute a conveyance of said property upon the terms and for the consideration fixed by the board. Said board of trustees shall reserve unto said agricultural high school at least an undivided one-half nonparticipating royalty interest in all oil, gas and minerals in, on or under said land, and all proceeds derived from royalties upon said reserved mineral interests shall be used as provided by Section 37-27-49. If the mineral interests of the school shall be less than the full and undivided ownership, the undivided royalty interest reserved shall be reduced proportionately.

HISTORY: Codes, 1942, § 6328-43; Laws, 1953, Ex Sess, ch. 28, § 3, eff from and after July 1, 1954.

Cross References —

Advertising and conduct of sale of school district property not needed for school purposes, see §37-7-455.

All sales under authority of §37-27-47 shall be for cash and proceeds to be placed in the maintenance fund of the agricultural high school, see §37-27-49.

§ 37-27-49. All sales to be for cash; disposition of proceeds.

All conveyances of property under the authority of Section 37-27-47 shall be for a cash consideration and the proceeds of such sale shall be placed in the maintenance fund of the agricultural high school. If any sale embraces realty, and the agricultural high school selling same owes outstanding bonds or notes, then in that event the proceeds of such sale shall be placed to the credit of the bond and interest sinking fund of such agricultural high school, or used to construct, renovate or purchase, under provisions elsewhere provided by law, similar type property or property of comparable value at attendance centers to be used for the same or other reasonably necessary purposes.

HISTORY: Codes, 1942, § 6328-44; Laws, 1953, Ex Sess, ch. 28, § 4; Laws, 1964, ch. 392; Laws, 1973, ch. 311, § 1, eff from and after passage (approved March 2, 1973).

Cross References —

Advertising and conduct of sale, see §37-27-47.

§ 37-27-51. Trustees may contract with school districts for attendance of pupils at agricultural high school.

The board of trustees of any agricultural high school or the board of trustees of any junior college, in connection with which an agricultural high school is operated, and the board of trustees of any school district, or a county board of education, under the conditions hereinafter provided for, are hereby authorized and empowered to enter into agreements, one with the other, providing for the attendance of any high school pupils of such school district or any grades thereof, at such agricultural high school or junior college, and for the instruction of such high school pupils or grades at such agricultural high school or junior college. Subject to the provisions of Sections 37-27-53 through 37-27-59, all such contracts so executed shall be upon such terms and conditions as may be agreed upon by and between the boards of trustees or the county board of education involved. All such contracts shall be subject to the approval of the state educational finance commission.

Any parent or guardian of such high school pupil or pupils, as to an individual pupil or as to any grade or grades, may request in writing that such agreement be entered into with the board of trustees of said agricultural high school or board of trustees of any junior college in connection with which an agricultural high school is operated. Such request shall be filed or lodged with the president or secretary of the board of trustees of such school district. Said board of trustees of said school district shall no later than the date of its next regular meeting approve or disapprove the request therein made to provide for the attendance of the pupil or pupils, or grade or grades, at such agricultural high school; failure of said board of trustees of such school district to act upon said request not later than said date shall be and will constitute a disapproval or rejection thereof.

In the event such board of trustees of said school district shall either disapprove or reject said request, or fail to act thereon on or before said date, then and in that event the county board of education is hereby authorized to act upon such request not later than the next regular meeting date of the said county board of education after the filing or lodging by such parent or guardian of a true copy of the request theretofore filed or lodged with the said board of trustees of the said school district, with the president or secretary of the said county board of education, and with said copy shall be filed or lodged a written statement of the action, if any, or non-action, taken by the board of trustees of the said school district upon the request made to it. If such request be approved by the county board of education, then it may proceed to enter into such agreement with the board of trustees of said agricultural high school or the said board of trustees of said junior college, but subject to the approval of the state educational finance commission.

HISTORY: Codes, 1942, § 6463-01; Laws, 1954, ch. 268, § 1; Laws, 1954, Ex Sess, ch. 24, §§ 1, 2 [¶¶ 1, 2]

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education. Section 37-45-3 further provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools § 229:90 (contract for instruction of nonresident students).

§ 37-27-53. Pupils entitled to transportation.

When any pupils who shall attend any agricultural high school or junior college under the provisions of Section 37-27-51 are otherwise entitled to transportation at public expense under any applicable statute, such pupils shall remain entitled to such transportation, and shall be reported for the allotment of transportation funds by the county or municipal separate school district in which they reside and, when so reported, transportation funds shall be allotted therefor just as though such pupils were attending the regular schools of the district in which they reside, and transportation shall be furnished therefor by the county board of education or board of trustees of the municipal separate school district, as the case may be, as is otherwise provided by law.

HISTORY: Codes, 1942, § 6463-02; Laws, 1954, ch. 268, § 2.

Cross References —

Transportation of pupils generally, see §§37-41-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 293-295.

CJS.

78A C.J.S., Schools and School Districts §§ 1030-1036.

§ 37-27-55. Pupils reported for allocation of minimum education funds and building funds.

When any pupils shall attend any agricultural high school or junior college under the provisions of Section 37-27-51, such pupils shall be reported and accounted for the allocation of minimum education program funds and building funds just as though such pupils were attending the regular schools of the district in which they reside. For this purpose reports shall be made to the board of trustees of the school district involved by the agricultural high school or junior college of the number of children in average daily attendance, and the average daily attendance of such pupils shall thereupon be included in reports made to the county or school district under the provisions of Chapters 19 and 47 of this title. The allocation of minimum education program funds and state public school building funds shall be made for such children just as though such children were attending the regular schools of the district. However, all minimum education program funds which accrue to any district as a result of the pupils who are in attendance at such agricultural high school or junior college, except amounts allotted for transportation purposes, shall be paid by the board of trustees of the municipal separate school district or the county board of education, as the case may be, to the agricultural high school or junior college at which the pupils are in attendance, and shall be expended by said agricultural high school or junior college for the instruction of said pupils and for the purposes for which the funds were originally allotted. Funds allotted to the school district for building purposes under Chapter 47 of this title, shall, however, be retained by the school district entitled thereto. The term “school district” as used in Sections 37-27-51 through 37-27-59 shall be defined as including all public school districts in this state and also all agricultural high schools not located on the campus of a junior college.

HISTORY: Codes, 1942, § 6463-03; Laws, 1954, ch. 268, § 3; Laws, 1964, ch. 397, § 1, eff July 1, 1964.

Editor’s Notes —

Sections 37-19-1 through 37-19-5, 37-19-9 through 37-19-11, 37-19-15 through 37-19-19, 37-19-21, 37-19-23, and 37-19-25 through 37-19-53, referred to in this section, were repealed by Laws of 1997, ch. 612, § 30, effective from and after July 1, 2002.

Section 37-19-13, referred to in this section, was repealed by Laws of 1997, ch. 545, § 30, effective from and after passage (approved April 10, 1997) and by Laws of 1997, ch. 612, § 30, effective from and after July 1, 2002.

Sections 37-19-20 and 37-19-22, referred to in this section, were repealed by Laws of 2002, ch. 551, § 6, effective from and after July 1, 2002.

Section 37-19-24, referred to in this section, was repealed by Laws of 1999, ch. 494, § 4, effective from and after July 1, 2002.

Cross References —

State aid for construction of school facilities, see §§37-47-1 et seq.

§ 37-27-57. Payment of additional or supplemental expenses.

Any additional or supplemental expenses incurred by the agricultural high school or junior college in the instruction of such pupils above that defrayed by minimum education funds as provided in Section 37-27-55, shall be paid either from the amounts received from the state appropriation for the support of agricultural high schools or from the tax levy for the support of such agricultural high school or junior college or from any other funds which such agricultural high school or junior college may have available for such purpose.

HISTORY: Codes, 1942, § 6463-04; Laws, 1954, ch. 268, § 4.

OPINIONS OF THE ATTORNEY GENERAL

A community college that operates an agricultural high school may expend community college revenue for the support and operation of the agricultural high school. McLeod, July 2, 1999, A.G. Op. #99-0301.

§ 37-27-59. Applicability of laws.

Except as provided in Sections 37-27-51 through 37-27-57, all laws of the State of Mississippi relative to the operation and government of schools shall be applicable to pupils attending agricultural high schools or junior colleges under the provisions of said sections.

HISTORY: Codes, 1942, § 6463-05; Laws, 1954, ch. 268, § 5.

§ 37-27-61. County superintendent may provide for attendance out of the county.

The county superintendent of education of a county which does not alone or in conjunction with another county maintain an agricultural high school or an agricultural high school-junior college, may provide, with the approval of the county board of education and the board of supervisors, for the attendance of pupils residing in the county of which he is superintendent of education, at an agricultural high school or an agricultural high school-junior college located in a county adjoining thereto, and pay by certificate drawn by him on the county school funds for the instruction of such pupils. However, the amount so paid shall not be greater than the pro rata share of such pupils, in the actual cost of incidentals and tuition, of such agricultural high school or agricultural high school-junior college. Counties co-operating under provisions of this section shall be represented on the boards of trustees by the county superintendent of education.

HISTORY: Codes, 1930, § 6698; 1942, § 6479; Laws, 1928, Ex Sess, ch. 36; Laws, 1930, ch. 278.

Cross References —

Assignment of children to schools or attendance centers, see §§37-15-13 et seq.

Attendance of county pupils at a municipal junior college, see §37-29-273.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Schools § 229:90 (contract for instruction of nonresident students).

§ 37-27-63. Municipalities and municipal separate school districts may issue bonds to support agricultural high schools.

The municipalities of Mississippi and the municipal separate school districts in Mississippi are hereby authorized and empowered to issue municipal bonds or municipal separate school district bonds to aid in procuring the establishment, location, and maintenance of agricultural high schools which have been or may hereafter be established. Such bonds shall be issued as provided by law. The proceeds of the sale of said bonds may be used for the purchase of lands, buildings or for erecting buildings, or in any way to aid in the establishment and maintenance of county agricultural high schools.

HISTORY: Codes, 1930, § 6685; 1942, § 6465; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Uniform system for issuance of county bonds generally, see §§19-1-1 et seq.

Similar provisions authorizing bond issues for support of junior colleges, see §37-29-265.

Issuance of school bonds generally, see §§37-59-1 et seq.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110 et seq.

§ 37-27-65. Boards of supervisors may issue bonds for agricultural high schools, and agricultural high school-junior colleges.

The board of supervisors of any county which has resolved and determined to accept the terms of the law relative to the locating and establishment of agricultural schools or agricultural high school-junior colleges or which may hereafter so determine, may issue bonds upon the property of said county to aid in the building, equipment, and in any other way, the establishment and development of agricultural high schools or agricultural high school-junior colleges. Said bonds may be issued to an amount which, added to all its bonded indebtedness shall not exceed ten percent (10%) of the assessed value of the taxable property of the county appearing upon the assessment roll of the preceding year. Said bonds shall mature not later than twenty-five (25) years from the date of their issuance, and shall bear interest at such rate or rates as determined by the board of supervisors, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, payable annually. Such bonds shall be payable after five (5) years, at the option of the county. Said bonds shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, and shall be in sums of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) each. Said bonds shall be registered as they are issued, be numbered in regular series from one (1) upwards, and be signed by the president of the board of supervisors and countersigned by the clerk, who shall impress the seal upon each bond as it is issued. Every bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued, and each shall be made payable to bearer, and the bonds so issued shall not be sold for less than their face value.

When bonds are issued as provided in this section, the board of trustees of the agricultural high school or agricultural high school-junior college are hereby authorized and empowered to use such funds in repairing and equipping buildings already erected and used by such agricultural high school or agricultural high school-junior college, and also to use such funds in erecting and equipping new buildings for such institutions.

The supervisors shall levy annually a special tax to be used exclusively in paying the interest on such bonds, and in providing a sinking fund for their redemption. When a sufficient amount of such sinking fund shall have accumulated, the board of supervisors may loan such accumulation at a rate of interest of not less than six percent (6%) and on such terms and for such time not longer than within the date fixed for the maturity of such bonds, such loan to be secured on improved real estate at not exceeding one-half ( 1/2) its assessed value, and upon abstract of such real estate, as provided for the loan of funds arising from the sale or lease of sixteenth section land.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1930, § 6686; 1942, § 6466; Laws, 1924, ch. 283; Laws, 1928, ch. 70; Laws, 1930, ch. 278; Laws, 1983, ch. 494, § 13; Laws, 1985, ch. 477, § 4, eff from and after passage (approved April 8, 1985).

Cross References —

Issuance of county bonds generally, see §§19-9-1 et seq.

Election on issuance of bonds by boards of supervisors, see §37-27-67.

Issuance of school bonds generally, see §§37-59-1 et seq.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this section, see §37-61-33.

Limitation on maximum interest rate to maturity, on obligations issued under provisions of this section, see §75-17-101.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110 et seq.

§ 37-27-67. Election on issuance of bonds by boards of supervisors.

If, within three (3) weeks after notice by publication has been made of intention to issue bonds pursuant to the provisions of Section 37-27-65, ten percent (10%) of the adult taxpayers of the county shall petition against the issuance of said bonds, then the question shall be submitted to the qualified electors of the county, within twenty (20) days after the next meeting of the board of supervisors after the filing of the petition. Should a majority of those voting in such election vote against the bond issue, the bonds shall not be issued, and the order shall be null and void.

When ten percent (10%) of the adult taxpayers of the county shall petition for the issuance of bonds pursuant to the provisions of Section 37-27-65, then the board of supervisors shall submit the question to the qualified electors of the county within twenty (20) days after the meeting of the board of supervisors at which such petition is filed. Should a majority of those voting in such election vote for the bond issue the bonds shall be issued by the board of supervisors as provided by law, but if a majority of the qualified electors voting at such election should vote against the bond issue, the bonds shall not be issued.

HISTORY: Codes, 1930, § 6686; 1942, § 6466; Laws, 1924, ch. 283; Laws, 1928, ch. 70; Laws, 1930, ch. 278.

Cross References —

Uniform system for issuance of county bonds generally, see §§37-1-1 et seq.

Boards of supervisors may issue bonds for agricultural high schools and agricultural high school-junior colleges, see §37-27-65.

§ 37-27-69. Agricultural high school may borrow not to exceed $50,000 for housing facilities.

Any agricultural high school, supported in whole or in part by tax levies of one or more counties, may borrow not exceeding Fifty Thousand Dollars ($50,000.00), for the purpose of receiving, transporting, erecting on the ground of said institution, and equipping and furnishing any prefabricated houses, or other materials, or appliances, fixtures, machines, furnishings or equipment, obtained by grant or otherwise from the United States of America or any department or agency thereof, or from any other source, where the same may be acquired for the use of the institution, any student personnel, or faculty members.

HISTORY: Codes, 1942, § 6466-01; Laws, 1946, ch. 366, § 1.

Cross References —

Declaration of intention to borrow, issuance of notes, and repayment, see §37-27-11.

Similar provisions authorizing borrowing by junior colleges, see §37-29-121.

Borrowing by boards of trustees of state institutions of higher learning, see §§37-101-91 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A county agricultural high school could borrow up to $50,000.00 for the purpose of equipping and/or furnishing certain improvements constructed with the monies derived from the Mississippi Adequate Education Program and/or a bond issue. Pope III, February 12, 1999, A.G. Op. #99-0058.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 92, 94, 95, 100, 147, 148.

CJS.

78A C.J.S., Schools and School Districts §§ 964 et seq.

§ 37-27-71. Declaration of intention to borrow; issuance of notes; repayment.

In any such case the board of trustees of such agricultural high school, by resolution or order, shall declare its intention to borrow any sum not in excess of the limitation fixed in Section 37-27-69, and shall recite in said resolution or order with reasonable particulars the purpose for which said funds are to be borrowed, and shall fix a schedule of amounts and dates of maturities by which such loans shall be repaid. Such resolution or order shall be duly recorded in the permanent minutes of the board of trustees of such institution. All such loans shall be fully repaid within six (6) years, and they shall be evidenced by notes signed by the president and secretary of the board of trustees, which shall bear appropriate reference to the resolution or order of the board of trustees authorizing such loan. Such loan shall be retired in installments of not less than one-fifth (1/5) the amount thereof on the first day of April of the year next succeeding the date of such loan and an equal amount on the same date of each and every year thereafter until said loan is paid.

Notes issued in evidence of such loans shall bear interest at a rate of not to exceed four percent (4%) per annum, all interest payable semi-annually, and no such note shall be sold or negotiated by said institution for less than par and accrued interest. Funds received by such institution from the sale or negotiation of any such notes shall be paid into the treasury of the institution and disbursed as other funds thereof are disbursed, but for no other purpose than that authorized by Section 37-27-69. Such notes shall be lithographed, or engraved, and printed in two (2) or more colors to prevent counterfeiting. Such notes shall bear the signature of the agricultural high school issuing the same, by the president and secretary of the board of trustees thereof. They shall be impressed with the seal of such institution. Interest coupons attached may bear the facsimile signatures of the aforesaid officers of the board of trustees. Before negotiation or sale and delivery thereof, said notes shall be registered in a book kept in the business office of such institution.

All indebtedness so created shall be paid from first funds derived from tax levies for maintenance and operation of said school coming into the treasury thereof and from fees, rentals and other charges as provided in Section 37-27-73. In order to secure the prompt payment of any and all indebtedness, whether of principal or interest incurred hereunder, a special fund shall be established in the depository of the funds of said institution, the style of which shall be, “debt retirement fund of_______________agricultural high school,” and immediately upon receipt of the distribution of said first funds derived from such tax levies, annually hereafter in advance of the due date of each and every installment of said indebtedness, a sufficient sum from said taxes shall be paid into said special fund for the retirement of all principal and interest coming due within said year equal to the difference, if any, between such principal and interest and the amount collected from fees, rentals and other charges, as provided in Section 37-27-73. Said debt retirement fund shall be used for no other purpose than for the payment of principal and interest of indebtedness incurred hereunder.

HISTORY: Codes, 1942, § 6466-02; Laws, 1946, ch. 366, § 2.

§ 37-27-73. Board of trustees to fix and collect fees, rents and charges; disposition of monies; limitations.

The board of trustees of any such agricultural high school borrowing money pursuant to the authority granted in Section 37-27-69, is hereby authorized and empowered to fix, maintain and collect fees, rentals and other charges to be paid by students, faculty members and others using, housed in or being served by any building or other housing facility erected or established under the terms and provisions of said section. All such fees, rentals and other charges shall be paid into the debt retirement fund specified in Section 37-27-71 and shall be pledged for the prompt repayment of any and all indebtedness, whether of principal or interest, incurred under the provisions of said section. Nothing in Sections 37-27-69 through 37-27-75 shall be construed to authorize the levying or imposition of any taxes in excess of the limits and amounts which are now or may hereafter be provided by law.

HISTORY: Codes, 1942, § 6466-03; Laws, 1946, ch. 366, § 3.

§ 37-27-75. Foregoing sections as cumulative.

Sections 37-27-69 through 37-27-73 shall be construed as cumulative and no restriction, limitation or prohibition of the general laws shall operate to curtail the authority or prescribe the procedure by which the purposes of said sections shall be effected.

HISTORY: Codes, 1942, § 6466-04; Laws, 1946, ch. 366, § 4.

§ 37-27-77. Purchase of bus for benefit of agricultural high schools in certain counties.

The board of supervisors of any county wherein there is located an agricultural high school not located upon the campus of a junior college may, in its discretion, purchase a bus for the use and benefit of said agricultural high school to be used in connection with various school activities and to be paid for from the general fund of the county.

HISTORY: Codes, 1942, § 6486-11; Laws, 1971, ch. 444, § 1, eff from and after passage (approved March 25, 1971).

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 786.

§ 37-27-79. Report and recommendations for consolidation of agricultural high schools; abolition of agricultural high school pursuant to petition; election.

  1. The State Board of Education shall review and develop a report relating to the need for a separate board of trustees and separate administrative office for the Coahoma Agricultural High School, the Forrest Agricultural High School and the Hinds Agricultural High School and shall submit this finding with recommendations for any necessary legislation to the Chairmen of the Senate and House Education Committees on or before December 1, 2012, for consideration in the 2013 Regular Session. Said report shall include any necessary recommendations for the consolidation and transfer of administrative offices, transfer of real and personal property, and transfer of students from such agricultural high school to the appropriate school district.
  2. Any agricultural high school in this state (whether maintained by one (1) county or more than one (1) county) may be abolished when twenty percent (20%) of the qualified electors residing in such county or counties shall file a petition with the board of supervisors or boards of supervisors of such county or counties, and request that such school be abolished. Thereupon, the question shall be submitted to an election of the qualified electors of the county or counties within not less than thirty (30) days nor more than sixty (60) days after the next meeting of the board of supervisors or boards of supervisors after the filing of the petition. At such election said electors may vote for abolishing the agricultural high school or against abolishing the agricultural high school. If a majority of the votes cast in such election be in favor of abolishing such school, then such school shall be abolished. If less than a majority of those voting fail to vote for abolishing such school then it shall not be abolished but shall be supported and maintained as now provided by law. When an election is called under this section and the school is not abolished, then another election cannot be held for a period of two (2) years.

HISTORY: Codes, 1930, § 6687; 1942, § 6467; Laws, 1930, ch. 81; Laws, 1934, ch. 262; Laws, 2012, ch. 551, § 3, eff September 10, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

By letter dated September 10, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 2012, ch. 551.

Amendment Notes —

The 2012 amendment added (1) and designated the formerly undesignated paragraph as (2) and made a minor stylistic change.

Cross References —

Consent of school board of school districts involved in implementing the provisions of this section, §37-7-104 or37-7-104.1, not required for the administrative consolidation of the school districts pursuant to order of State Board of Education, see §37-7-103.

§ 37-27-80. Hinds Agriculture High School discontinued; disposal of property; diplomas.

  1. Effective July 1, 2014, the Hinds Agriculture High School shall be closed. Upon closure, all real property titled to or used by Hinds Agricultural High School will become the property of the Hinds Community College District.
  2. All personal property used by the Hinds Agricultural High School for secondary school purposes, including all nondisposable sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment) will become the property of the Hinds County School District. The division of such personal property will be determined by joint order of the Boards of Trustees of Hinds Community College District and Hinds County School District. Any cost of transferring title of such real or personal property will be paid by Hinds Community College District.
  3. Any such joint order directing the transfer of the personal property of the Hinds Agricultural High School shall be submitted and approved by the State Board of Education. The finding of the State Board of Education shall be final and conclusive for the purpose of the transfer of property required by such administrative consolidation.
  4. The students attending the said agricultural high school shall be deemed to be students of the school district where they reside. After closure of Hinds Agricultural High School, any student who is enrolled at the Hinds Agricultural High School when the closure is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the school district they subsequently attend: one (1) diploma to be the official completion with the school district they subsequently attend and the second to be a courtesy diploma reflecting graduation from Hinds Agriculture High School.
  5. In the event that Hinds Agricultural High School is closed, there will be a two-year waiver of test scores of Hinds Agricultural High School students being included in accountability calculations for Raymond High School and the Hinds County School District, subject to approval by the State Department of Education. In addition, the students from Hinds Agricultural High School will not be included in the graduation cohort for accountability calculations for the Hinds County School District, subject to approval by the State Department of Education.

HISTORY: Laws, 2014, ch. 520, § 1, eff from and after July 1, 2014.

§ 37-27-81. Sale of school property upon abolition of school pursuant to petition and election; disposition of proceeds.

When an agricultural high school is abolished under the provisions of Section 37-27-79, then it shall be the duty of the board of supervisors or boards of supervisors, to advertise the sale of and to sell all of the property of such school to the highest bidders for cash. The proceeds of such sale shall be used to pay off any outstanding indebtedness of such school. If there is a balance after paying all outstanding indebtedness then such balance shall be paid into the county school fund of such county or counties.

In the event the proceeds of the sale of the property of such school are not sufficient to pay all outstanding indebtedness of such school, then the board or boards of supervisors of such county or counties shall levy a tax on the property of the county or counties sufficient to pay the outstanding indebtedness when it becomes due.

Alternatively, the board of supervisors may transfer any part or all of such property to any school district in said county.

HISTORY: Codes, 1930, § 6687; 1942, § 6467; Laws, 1930, ch. 81; Laws, 1934, ch. 262.

Cross References —

Acquisition and disposition of school district property, see §§37-7-471 et seq.

Disposition of property on dissolution of school district, see §§37-7-501 et seq.

§ 37-27-83. Disposal of school property when school is discontinued.

The board of trustees of any agricultural high school in the state, which on account of loss or destruction of school property by fire, storm, or other like unforeseen disaster, can no longer be maintained and operated successfully, is, with the approval of the board of supervisors, hereby authorized to sell and dispose of the lands, buildings, and other property belonging to such school, and place the proceeds derived from the sale of same to the credit of the county common school fund.

Sale of said property may be made at public or private sale on such terms as the board of trustees may elect, subject to the approval of the board of supervisors. In case of sale on credit, the deferred payments shall be evidenced by notes payable to the county, for the benefit of the county common school fund and shall bear interest at a rate of not less than six percent (6%) per annum, and the county shall have a lien on the property for the purchase-money, as against all persons, until paid.

The deed or deeds of conveyance shall be executed by the president or chairman and the secretary of the board of trustees, pursuant to an order of the board of trustees, entered on its minutes, and pursuant to an order of approval by the board of supervisors entered on its minutes, and when so executed shall be fully effective to convey title to said property.

HISTORY: Codes, 1930, § 6688; 1942, § 6469; Laws, 1924, ch. 292; Laws, 1930, ch. 278.

Cross References —

Acquisition and disposition of school district property, see §§37-7-471 et seq.

Disposition of property on dissolution of school district, see §§37-7-501 et seq.

§ 37-27-85. Donated lands may be reconveyed when school is discontinued.

The board of trustees of any such school as is discontinued, as provided in Section 37-27-83, is further authorized with the approval of the board of supervisors to reconvey to the original grantors thereof, or their heirs, any lands which may have been donated to the trustees of such school for school purposes, except that part of the same, to be designated by the board of trustees, on which the school buildings are located. The deeds of conveyance shall be executed as provided in Section 37-27-83.

HISTORY: Codes, 1930, § 6689; 1942, § 6470; Laws, 1924, ch. 292; Laws, 1930, ch. 278.

Cross References —

Acquisition and disposition of school district property, see §§37-7-471 et seq.

Disposition of property on dissolution of school district, see §§37-7-501 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 103, 104, 106, 109.

CJS.

78A C.J.S., Schools and School Districts §§ 738, 741, 742, 764-767, 773.

§ 37-27-87. Transfer of funds when school is discontinued.

In the event any such school is permanently discontinued, as provided for in Section 37-27-83, the board of trustees of such school and the board of supervisors of the county in which such school is located, are further authorized to transfer to the county common school fund of the county all funds on hand in the county treasury or depository to the credit of such school, including all maintenance funds and other funds belonging to such school. In case the school thus discontinued shall be a joint school maintained by two counties, as now provided by law, the school funds belonging to such school and the proceeds derived from the sale of school property shall be divided between the counties interested in proportion to the amount of funds contributed by each county to the establishment and maintenance of such school.

HISTORY: Codes, 1930, § 6690; 1942, § 6471: Laws, 1924, ch. 292; Laws, 1930, ch. 278.

§ 37-27-89. Distribution and use of funds when school is discontinued.

All funds placed to the credit of the county common school fund, under the provisions of Sections 37-27-83, 37-27-87, shall be distributed in the same manner as is provided for the distribution of the county common school funds, and shall be used for the support and maintenance of the public schools of the county.

HISTORY: Codes, 1930, § 6691; 1942, § 6472; Laws, 1924, ch. 292; Laws, 1930, ch. 278.

§ 37-27-91. Abolition of school not operated in four years.

Any agricultural high school in this state, which has not been operated and maintained as an agricultural high school for four years last past, which does not own sufficient buildings in which to operate and maintain an agricultural high school, and which owes legal, valid and outstanding debts, may be abolished by the board of supervisors of the county in which such agricultural high school is located.

In the event an agricultural high school is abolished as provided in this section, the property of such school may be sold by the board of supervisors of such county. The proceeds of the sale of such property shall be used to pay the debts of the school, and the balance, if any, shall be paid into the general school fund of the county.

This section is intended to provide an additional method for abolishing agricultural high schools and it will not amend or repeal any other law providing for the abolishing of such schools.

HISTORY: Codes, 1942, § 6468.

§ 37-27-93. Application to convert Coahoma Agricultural High School to Early College High School; transfer upon approval; transfer of personal property; diplomas.

  1. The Board of Trustees of Coahoma Agricultural High School are authorized to make application to the Mississippi Department of Education for the approval of converting the facilities and programs of the agricultural high school to an Early College High School. In the event the State Board of Education approves this application, effective July 1, 2018, the Coahoma Agricultural High School shall be transferred to the Coahoma Community College District and shall be used as an Early College High School serving up to four hundred (400) students from the following counties: Bolivar, Coahoma, Tunica, Tallahatchie and Quitman. The conversion from Coahoma Agricultural High School to the Early College High School shall be administered on a phased-in basis beginning with ninth-grade students and adding on one (1) grade level every year from the applicable counties until the school has full enrollment. Students who are currently enrolled in Coahoma Agricultural High School in Grades 10-12 may be enrolled at the facility as students at the Early College High School and continue in the system. From July 1, 2016, through July 1, 2018, the President and Board of Trustees of Coahoma Agricultural High School shall cooperate with the Board of Trustees of the Coahoma Community College District for the transition of the facilities and programs. The Board of Trustees of the Coahoma Agricultural High School and the Board of Trustees of the Coahoma Community College District shall redesign the facilities in order to establish an environment that supports college readiness for all students through a required college preparatory curriculum, access to college courses, counseling for college admissions, and other college readiness activities, such as explicit instruction in college behavior and expectations. All real property titled to or used by Coahoma Agricultural High School will become the property of the Coahoma Community College District.
  2. All personal property used by the Coahoma Agricultural High School for secondary school purposes, including all nondisposable sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment) will become the property of the Coahoma Community College District. The division of such personal property will be determined by joint order of the Boards of Trustees of the Coahoma Community College District and the Coahoma County School District. Any cost of transferring title of such real or personal property will be paid by the Coahoma Community College District.
  3. Any such joint order directing the transfer of the personal property of the Coahoma Agricultural High School shall be submitted and approved by the State Board of Education. The finding of the State Board of Education shall be final and conclusive for the purpose of the transfer of property required by such administrative consolidation.
  4. The students attending the said agricultural high school shall be deemed to be students of the school district where they reside. After transfer of the Coahoma Agricultural High School, any student who is enrolled at the Coahoma Agricultural High School when the transfer is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the school district they subsequently attend: one (1) diploma to be the official completion with the school district they subsequently attend and the second to be a courtesy diploma reflecting graduation from Coahoma Agricultural High School.
  5. The State Board of Education shall issue regulations providing for the automatic transfer of students in the surrounding counties who wish to enroll in the Early College High School.

HISTORY: Laws, 2016, ch. 467, § 1, eff from and after July 1, 2016.

§ 37-27-95. Application to convert Coahoma Agricultural High School to Early College High School; closure upon disapproval; disposition of property; diplomas.

  1. In the event the State Board of Education does not approve the application of the Board of Trustees of the Coahoma Agricultural High School to establish an Early College High School, effective July 1, 2018, the Coahoma Agricultural High School shall be closed. Upon closure, all real property titled to or used by Coahoma Agricultural High School will become the property of the Coahoma Community College District.
  2. All personal property used by the Coahoma Agricultural High School for secondary school purposes, including all nondisposable sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment) will become the property of the Coahoma Community College. Any cost of transferring title of such real or personal property will be paid by Coahoma Community College District.
  3. Any such joint order directing the transfer of the personal property of the Coahoma Agricultural High School shall be submitted and approved by the State Board of Education. The finding of the State Board of Education shall be final and conclusive for the purpose of the transfer of property required by such administrative consolidation.
  4. The students attending the said agricultural high school shall be deemed to be students of the school district where they reside. After closure of Coahoma Agricultural High School, any student who is enrolled at the Coahoma Agricultural High School when the closure is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the school district they subsequently attend: one (1) diploma to be the official completion with the school district they subsequently attend and the second to be a courtesy diploma reflecting graduation from Coahoma Agricultural High School.

HISTORY: Laws, 2016, ch. 467, § 2, eff from and after July 1, 2016.

Chapter 28. Mississippi Charter Schools Act of 2013

§ 37-28-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Charter Schools Act of 2013.”

HISTORY: Laws, 2013, ch. 497, § 1, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-1 [Laws, 1997, ch. 584, § 1; reenacted without change, Laws, 2001, ch. 531, § 1; reenacted without change, Laws, 2004, ch. 576, § 1; reenacted without change, Laws, 2005, ch. 508, § 1; reenacted without change, Laws, 2007, ch. 543, § 1; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to the intent of the Legislature regarding charter schools.

Amendment Notes —

The 2001 amendment reenacted the section without change.

The 2004 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2007 amendment reenacted the section without change.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-28-3. Legislative findings and declarations.

  1. The Legislature finds and declares that the general purposes of the state’s charter schools are as follows:
    1. To improve student learning by creating high-quality schools with high standards for student performance;
    2. To close achievement gaps between high-performing and low-performing groups of public school students;
    3. To increase high-quality educational opportunities within the public education system for all students, especially those with a likelihood of academic failure;
    4. To create new professional opportunities for teachers, school administrators and other school personnel which allow them to have a direct voice in the operation of their schools;
    5. To encourage the use of different, high-quality models of teaching, governing, scheduling and other aspects of schooling which meet a variety of student needs;
    6. To allow public schools freedom and flexibility in exchange for exceptional levels of results driven accountability;
    7. To provide students, parents, community members and local entities with expanded opportunities for involvement in the public education system; and
    8. To encourage the replication of successful charter schools.
  2. All charter schools in the state established under this chapter are public schools and are part of the state’s public education system.
  3. No provision of this chapter may be interpreted to allow the conversion of private schools into charter schools.

HISTORY: Laws, 2013, ch. 497, § 2, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-3 [Laws, 1997, ch. 584, § 2; reenacted without change, Laws, 2001, ch. 531, § 2; reenacted without change, Laws, 2004, ch. 576, § 2; reenacted without change, Laws, 2005, ch. 508, § 2; reenacted without change, Laws, 2007, ch. 543, § 2; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to definitions for terms used in the chapter.

§ 37-28-5. Definitions.

As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

“Applicant” means any person or group that develops and submits an application for a charter school to the authorizer.

“Application” means a proposal from an applicant to the authorizer to enter into a charter contract whereby the proposed school obtains charter school status.

“Authorizer” means the Mississippi Charter School Authorizer Board established under Section 37-28-7 to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke charter contracts.

“Charter contract” means a fixed-term, renewable contract between a charter school and the authorizer which outlines the roles, powers, responsibilities and performance expectations for each party to the contract.

“Charter school” means a public school that is established and operating under the terms of charter contract between the school’s governing board and the authorizer. The term “charter school” includes a conversion charter school and start-up charter school.

“Conversion charter school” means a charter school that existed as a noncharter public school before becoming a charter school.

“Education service provider” means a charter management organization, school design provider or any other partner entity with which a charter school intends to contract for educational design, implementation or comprehensive management.

“Governing board” means the independent board of a charter school which is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school’s application.

“Noncharter public school” means a public school that is under the direct management, governance and control of a school board or the state.

“Parent” means a parent, guardian or other person or entity having legal custody of a child.

“School board” means a school board exercising management and control over a local school district and the schools of that district pursuant to the State Constitution and state statutes.

“School district” means a governmental entity that establishes and supervises one or more public schools within its geographical limits pursuant to state statutes.

“Start-up charter school” means a charter school that did not exist as a noncharter public school before becoming a charter school.

“Student” means any child who is eligible for attendance in a public school in the state.

“Underserved students” means students participating in the federal free lunch program who qualify for at-risk student funding under the Mississippi Adequate Education Program and students who are identified as having special educational needs.

HISTORY: Laws, 2013, ch. 497, § 3, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-5 [Laws, 1997, ch. 584, § 3, eff from and after passage (approved April 24, 1997); reenacted without change, Laws, 2001, ch. 531, § 3; reenacted without change, Laws, 2004, ch. 576, § 3; reenacted without change, Laws, 2005, ch. 508, § 3; reenacted without change, Laws, 2007, ch. 543, § 3; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to the petition requirements for local schools requesting charter school status.

Cross References —

Mississippi Adequate Education Program, see §§37-151-1 et seq.

§ 37-28-7. Mississippi Charter School Authorizer Board created; jurisdiction; mission; composition.

  1. There is created the Mississippi Charter School Authorizer Board as a state agency with exclusive chartering jurisdiction in the State of Mississippi. Unless otherwise authorized by law, no other governmental agency or entity may assume any charter authorizing function or duty in any form.
    1. The mission of the Mississippi Charter School Authorizer Board is to authorize high-quality charter schools, particularly schools designed to expand opportunities for underserved students, consistent with the purposes of this chapter. Subject to the restrictions and conditions prescribed in this subsection, the Mississippi Charter School Authorizer Board may authorize charter schools within the geographical boundaries of any school district.
    2. The Mississippi Charter School Authorizer Board may approve a maximum of fifteen (15) qualified charter applications during a fiscal year.
    3. In any school district designated as an “A,” “B” or “C” school district by the State Board of Education under the accreditation rating system at the time of application, the Mississippi Charter School Authorizer Board may authorize charter schools only if a majority of the members of the local school board votes at a public meeting to endorse the application or to initiate the application on its own initiative.
  3. The Mississippi Charter School Authorizer Board shall consist of seven (7) members, to be appointed as follows:
    1. Three (3) members appointed by the Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
    2. Three (3) members appointed by the Lieutenant Governor, with one (1) member being from each of the Mississippi Supreme Court Districts.
    3. One (1) member appointed by the State Superintendent of Public Education.

      All appointments must be made with the advice and consent of the Senate. In making the appointments, the appointing authority shall ensure diversity among members of the Mississippi Charter School Authorizer Board.

  4. Members appointed to the Mississippi Charter School Authorizer Board collectively must possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, assessment, curriculum and instruction, and public education law. Each member of the Mississippi Charter School Authorizer Board must have demonstrated an understanding of and commitment to charter schooling as a strategy for strengthening public education.
  5. To establish staggered terms of office, the initial term of office for the three (3) Mississippi Charter School Authorizer Board members appointed by the Governor shall be four (4) years and thereafter shall be three (3) years; the initial term of office for the three (3) members appointed by the Lieutenant Governor shall be three (3) years and thereafter shall be three (3) years; and the initial term of office for the member appointed by the State Superintendent of Public Education shall be two (2) years and thereafter shall be three (3) years. No member may serve more than two (2) consecutive terms. The initial appointments must be made before September 1, 2013.
  6. The Mississippi Charter School Authorizer Board shall meet as soon as practical after September 1, 2013, upon the call of the Governor, and shall organize for business by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman.
  7. An individual member of the Mississippi Charter School Authorizer Board may be removed by the board if the member’s personal incapacity renders the member incapable or unfit to discharge the duties of the office or if the member is absent from a number of meetings of the board, as determined and specified by the board in its bylaws. Whenever a vacancy on the Mississippi Charter School Authorizer Board exists, the original appointing authority shall appoint a member for the remaining portion of the term.
  8. No member of the Mississippi Charter School Authorizer Board or employee, agent or representative of the board may serve simultaneously as an employee, trustee, agent, representative, vendor or contractor of a charter school authorized by the board.
  9. The Mississippi Charter School Authorizer Board shall appoint an individual to serve as the Executive Director of the Mississippi Charter School Authorizer Board. The executive director shall possess the qualifications established by the board which are based on national best practices, and shall possess an understanding of state and federal education law. The executive director, who shall serve at the will and pleasure of the board, shall devote his full time to the proper administration of the board and the duties assigned to him by the board and shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the director and board in carrying out the duties and directives of the Mississippi Charter School Authorizer Board.
  10. The Mississippi Charter School Authorizer Board is authorized to obtain suitable office space for administrative purposes. In acquiring a facility or office space the authorizer board shall adhere to all policies and procedures required by the Department of Finance and Administration and the Public Procurement Review Board.

HISTORY: Laws, 2013, ch. 497, § 4; Laws, 2014, ch. 458, § 2; Laws, 2016, ch. 420, § 1, eff from and after July 1, 2016.

Editor’s Notes —

A former §37-28-7 [Laws, 1997, ch. 584, § 4; reenacted without change, Laws, 2001, ch. 531, § 4; reenacted without change, Laws, 2004, ch. 576, § 4; reenacted without change, Laws, 2005, ch. 508, § 4; reenacted without change, Laws, 2007, ch. 543, § 4; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to rules and regulations for the operation of a charter school.

Amendment Notes —

The 2014 amendment, in (9), deleted “and general counsel” following “Executive Director” in the first sentence and following “executive director” in the third and fourth sentences; inserted “Mississippi Charter School Authorizer” preceding “Board” in the first sentence; substituted “The executive director shall possess” for “In addition to possessing,” deleted “the executive director and general counsel must be licensed to practice law in the State of Mississippi” following “based on national best practices” and substituted “shall” for “must” in the second sentence.

The 2016 amendment inserted “at the time of application” in (2)(c); and rewrote (10), which read: “The Mississippi Charter School Authorizer Board shall be located, for administrative purposes, within the offices of the State Institutions of Higher Learning, which shall provide meeting space and clerical support for the board.”

§ 37-28-9. Powers and duties of Authorizer Board; immunity from civil liability.

  1. The authorizer is responsible for exercising, in accordance with this chapter, the following powers and duties:
    1. Developing chartering policies and maintaining practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:
      1. Organizational capacity and infrastructure;
      2. Solicitation and evaluation of charter applications;
      3. Performance contracting;
      4. Ongoing charter school oversight and evaluation; and
      5. Charter renewal decision-making;
    2. Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
    3. Declining to approve weak or inadequate charter applications;
    4. Negotiating and executing charter contracts with approved charter schools;
    5. Monitoring, in accordance with charter contract terms, the performance and legal compliance of charter schools;
    6. Determining whether each charter contract merits renewal, nonrenewal or revocation; and
    7. Applying for any federal funds that may be available for the implementation of charter school programs.
  2. The authorizer shall carry out all its duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter.
  3. The authorizer may delegate its duties to the executive director and general counsel.
  4. Regulation by the authorizer shall be limited to those powers and duties prescribed in this section and all others prescribed by law, consistent with the spirit and intent of this chapter.
  5. Except in the case of gross negligence or reckless disregard of the safety and well-being of another person, the authorizer, members of the authorizer board in their official capacity, and employees of the authorizer in their official capacity are immune from civil liability with respect to all activities related to a charter school approved by the authorizer.

HISTORY: Laws, 2013, ch. 497, § 5, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-9 [Laws, 1997, ch. 584, § 5; reenacted without change, Laws, 2001, ch. 531, § 5; reenacted without change, Laws, 2004, ch. 576, § 5; reenacted without change, Laws, 2005, ch. 508, § 5; reenacted without change, Laws, 2007, ch. 543, § 5; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to the terms of the charter.

§ 37-28-11. Funding for the Authorizer Board.

  1. To cover the costs of overseeing charter schools in accordance with this chapter, the authorizer shall receive three percent (3%) of annual per-pupil allocations received by a charter school from state and local funds for each charter school it authorizes.
  2. The authorizer may receive appropriate gifts, grants and donations of any kind from any public or private entity to carry out the purposes of this chapter, subject to all lawful terms and conditions under which the gifts, grants or donations are given.
  3. The authorizer may expend its resources, seek grant funds and establish partnerships to support its charter school authorizing activities.

HISTORY: Laws, 2013, ch. 497, § 6, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-11 [Laws, 1997, ch. 584, § 6; reenacted without change, Laws, 2001, ch. 531, § 6; reenacted without change, Laws, 2004, ch. 576, § 6; reenacted without change, Laws, 2005, ch. 508, § 6; reenacted without change, Laws, 2007, ch. 543, § 6; Repealed by operation of law by former §37-38-21, eff from and after July 1, 2009.] pertained to the disapproval of petitions for charter school status and provided for a hearing to receive additional information.

§ 37-28-13. Technical information and assistance from Department of Education; publication of laws and regulations applicable to charter schools.

  1. Upon request, the State Department of Education shall assist the Mississippi Charter School Authorizer Board with implementing the authorizer’s decisions by providing such technical assistance and information as may be necessary for the implementation of this chapter.
  2. Before July 1 of each year, the authorizer shall publish a pamphlet, which may be in electronic form, containing:
    1. All statutes in Title 37, Mississippi Code of 1972, which are applicable to the charter schools;
    2. Any rules, regulations and policies adopted by the State Superintendent of Public Education, the State Board of Education or the State Department of Education with which charter schools must comply by virtue of the applicability to charter schools, as well as other public schools, of the state law to which those relevant rules, regulations and policies pertain; and
    3. Any other state and federal laws and matters that are relevant to the establishment and operation of charter schools in the State of Mississippi.

      The Mississippi Charter School Authorizer Board shall make the pamphlet available to the public on the board’s website and shall notify all prospective applicants of the pamphlet.

HISTORY: Laws, 2013, ch. 497, § 7, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-13 [Laws, 1997, ch. 584, § 7; reenacted without change, Laws, 2001, ch. 531, § 7; reenacted without change, Laws, 2004, ch. 576, § 7; reenacted without change, Laws, 2005, ch. 508, § 7; reenacted without change, Laws, 2007, ch. 543, § 7; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to the duration and renewal of the charter.

§ 37-28-15. Authorizer to publicize request for proposals for charter school applications; request for proposals to prescribe mandatory elements of charter applications.

  1. To solicit, encourage and guide the development of quality charter school applications, the authorizer shall issue and publicize a request for proposals before September 1 of each year; however, during 2013, the authorizer shall issue and publicize a request for proposals before December 1. The content and dissemination of the request for proposals must be consistent with the purposes and requirements of this chapter.
  2. The authorizer annually shall establish and disseminate a statewide timeline for charter approval or denial decisions.
  3. The authorizer’s request for proposals must include the following:
    1. A clear statement of any preferences the authorizer wishes to grant to applications intended to help underserved students;
    2. A description of the performance framework that the authorizer has developed for charter school oversight and evaluation in accordance with Section 37-28-29;
    3. The criteria that will guide the authorizer’s decision to approve or deny a charter application; and
    4. A clear statement of appropriately detailed questions, as well as guidelines, concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful charter school.
  4. In addition to all other requirements, the request for proposals must require charter applications to provide or describe thoroughly all of the following mandatory elements of the proposed school plan:
    1. An executive summary;
    2. The mission and vision of the proposed charter school, including identification of the targeted student population and the community the school hopes to serve;
    3. The location or geographic area proposed for the school;
    4. The grades to be served each year for the full term of the charter contract;
    5. Minimum, planned and maximum enrollment per grade per year for the term of the charter contract;
    6. Evidence of need and community support for the proposed charter school;
    7. Background information, including proof of United States citizenship, on the applicants, the proposed founding governing board members and, if identified, members of the proposed school leadership and management team. The background information must include annual student achievement data, disaggregated by subgroup, for every school under the current or prior management of each board member and leadership team member;
    8. The school’s proposed calendar, including the proposed opening and closing dates for the school term, and a sample daily schedule. The school must be kept in session no less than the minimum number of school days established for all public schools in Section 37-13-63;
    9. A description of the school’s academic program, aligned with state standards;
    10. A description of the school’s instructional design, including the type of learning environment (such as classroom-based or independent study), class size and structure, curriculum overview and teaching methods;
    11. The school’s plan for using internal and external assessments to measure and report student progress on the performance framework developed by the authorizer in accordance with Section 37-28-29;
    12. The school’s plan for identifying and successfully serving students with disabilities (including all of the school’s proposed policies pursuant to the Individuals with Disabilities Education Improvement Act of 2004, 20 USCS Section 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 794, and Title 11 of the Americans with Disabilities Act, 42 USCS Section 12101 et seq., and the school’s procedures for securing and providing evaluations and related services pursuant to federal law), students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with any applicable laws and regulations;
    13. A description of cocurricular or extracurricular programs and how those programs will be funded and delivered;
    14. Plans and timelines for student recruitment and enrollment, including lottery policies and procedures that ensure that every student has an equal opportunity to be considered in the lottery and that the lottery is equitable, randomized, transparent and impartial so that students are accepted in a charter school without regard to disability, income level, race, religion or national origin;
    15. The school’s student discipline policies, including those for special education students;
    16. An organizational chart that clearly presents the school’s organizational structure, including lines of authority and reporting between the governing board, education service provider, staff, related bodies (such as advisory bodies or parent and teacher councils), and all other external organizations that will play a role in managing the school;
    17. A clear description of the roles and responsibilities of the governing board, education service provider, school leadership team, management team and all other entities shown in the organizational chart;
    18. A staffing chart for the school’s first year, and a staffing plan for the term of the charter;
    19. Plans for recruiting and developing school leadership and staff, which may not include utilization of nonimmigrant foreign worker visa programs;
    20. The school’s leadership and teacher employment policies, including performance evaluation plans;
    21. Proposed governing bylaws;
    22. Explanations of any partnerships or contractual relationships central to the school’s operations or mission;
    23. The school’s plans for providing transportation, food service and all other significant operational or ancillary services;
    24. Opportunities and expectations for parent involvement;
    25. A detailed school start-up plan, identifying tasks, timelines and responsible individuals;
    26. A description of the school’s financial plans and policies, including financial controls and audit requirements;
    27. A description of the insurance coverage the school will obtain;
    28. Start-up and five-year budgets with clearly stated assumptions;
    29. Start-up and first-year cash flow projections with clearly stated assumptions;
    30. A disclosure of all sources of private funding and all funds from foreign sources, including gifts from foreign governments, foreign legal entities and domestic entities affiliated with either foreign governments or foreign legal entities. For the purposes of this paragraph, the term “foreign” means a country or jurisdiction outside of any state or territory of the United States;
    31. Evidence of anticipated fundraising contributions, if claimed in the application; and
    32. A sound facilities plan, including backup or contingency plans if appropriate.
  5. In the case of an application to establish a charter school by converting an existing noncharter public school to charter school status, the request for proposals additionally shall require the applicant to demonstrate support for the proposed charter school conversion by a petition signed by a majority of teachers or a majority of parents of students in the existing noncharter public school, or by a majority vote of the local school board or, in the case of schools in districts under state conservatorship, by the State Board of Education.
  6. In the case of a proposed charter school that intends to contract with an education service provider for substantial educational services, management services or both types of services, the request for proposals additionally shall require the applicant to:
    1. Provide evidence of the education service provider’s success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;
    2. Provide a term sheet setting forth: the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff and the education service provider; the scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; the compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract;
    3. Disclose and explain any existing or potential conflicts of interest between the school governing board and proposed service provider or any affiliated business entities; and
    4. Background information, including proof of United States citizenship, on the principal individuals affiliated with the education service provider.
  7. In the case of a charter school proposal from an applicant that currently operates one or more schools in any state or nation, the request for proposals additionally shall require the applicant to provide evidence of past performance and current capacity for growth. The applicant shall be required to submit clear evidence that it has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement tests.

HISTORY: Laws, 2013, ch. 497, § 8, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-15 [Laws, 1997, ch. 584, § 8; reenacted without change, Laws, 2001, ch. 531, § 8; reenacted without change, Laws, 2004, ch. 576, § 8; reenacted without change, Laws, 2005, ch. 508, § 8; reenacted without change, Laws, 2007, ch. 543, § 8; Repealed by operation of law by former §37-38-21, eff from and after July 1, 2009.] pertained to funding for charter schools.

§ 37-28-17. Purposes of charter application; approved charter application not to serve as charter contract.

  1. The following are the purposes of a charter application:
    1. To present the proposed charter school’s academic and operational vision and plans;
    2. To demonstrate the applicant’s capacities to execute the proposed vision and plans; and
    3. To provide the authorizer a clear basis for assessing the applicant’s plans and capacities.
  2. An approved charter application may not serve as the school’s charter contract.

HISTORY: Laws, 2013, ch. 497, § 9, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-17 [Laws, 1997, ch. 584, § 8; reenacted without change, Laws, 2001, ch. 531, § 8; reenacted without change, Laws, 2004, ch. 576, § 8; reenacted without change, Laws, 2005, ch. 508, § 8; reenacted without change, Laws, 2007, ch. 543, § 8; Repealed by operation of law by former §37-38-21, eff from and after July 1, 2009.] pertained to employees of charter schools.

§ 37-28-19. Standards for authorizing charter school; review process.

  1. In reviewing and evaluating charter applications, the authorizer shall employ procedures, practices and criteria consistent with nationally recognized principles and standards for quality charter authorizing. The application review process must include thorough evaluation of each written charter application and in-person interview with the applicant group.
  2. In deciding whether to approve charter applications, the authorizer must:
    1. Grant charters only to applicants that have provided evidence of competence in each element of the authorizer’s published approval criteria, and in the case of an applicant that currently operates one or more schools in any state or nation, clear evidence that the management or leadership team of the charter school or schools currently operated by the applicant has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement test;
    2. Base decisions on documented evidence collected through the application review process; and
    3. Follow charter-granting policies and practices that are transparent, based on merit and avoid conflicts of interest or any appearance thereof.
  3. Before the expiration of one hundred eighty (180) days after the filing of a charter application, the authorizer must approve or deny the charter application; however, an application submitted by a public historically black college or university (HBCU), in partnership with a national nonprofit public HBCU support organization, for a charter school to be operated on or near the campus of the HBCU must be considered for expedited approval by the authorizer. The authorizer shall adopt by resolution all charter approval or denial decisions in an open meeting of the authorizer board.
  4. An approval decision may include, if appropriate, reasonable conditions that the charter applicant must meet before a charter contract may be executed pursuant to Section 37-28-21.
  5. For a charter denial, the authorizer shall state clearly, for public record, its reasons for denial. A denied applicant may reapply subsequently with the authorizer.
  6. Before the expiration of ten (10) days after taking action to approve or deny a charter application, the authorizer shall provide a report to the applicant. The report must include a copy of the authorizer’s resolution setting forth the action taken and reasons for the decision and assurances as to compliance with all of the procedural requirements and application elements set forth in this chapter.

HISTORY: Laws, 2013, ch. 497, § 10, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-19 [Laws, 1997, ch. 584, § 10; reenacted without change, Laws, 2001, ch. 531, § 10; reenacted without change, Laws, 2004, ch. 576, § 10; reenacted without change, Laws, 2005, ch. 508, § 10; reenacted without change, Laws, 2007, ch. 543, § 10; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to the State Board of Education report to the Legislature on the status of the charter school program and provided the requisite contents of the report.

§ 37-28-21. Initial charter term; charter contract.

  1. The authorizer shall grant an initial charter to each qualified applicant for a term of five (5) operating years. The term of the charter shall commence on the charter school’s first day of operation. An approved charter school may delay its opening for one (1) school year in order to plan and prepare for the school’s opening. If the school requires an opening delay of more than one (1) school year, the school must request an extension from the authorizer. The authorizer may grant or deny the extension depending on the particular school’s circumstances.
    1. The authorizer and the governing board of the approved charter school shall execute a charter contract that clearly sets forth the academic and operational performance expectations and measures by which the charter school will be judged and the administrative relationship between the authorizer and charter school, including each party’s rights and duties. The performance expectations and measures set forth in the charter contract must include, but need not be limited to, applicable federal and state accountability requirements. The performance provisions may be refined or amended by mutual agreement after the charter school is operating and has collected baseline achievement data for its enrolled students.
    2. The charter contract must be signed by the chairman of the authorizer board and the president of the charter school’s governing board.
    3. A charter school may not commence operations without a charter contract executed in accordance with this section and approved in an open meeting of the authorizer board.
  3. The authorizer may establish reasonable preopening requirements or conditions to monitor the start-up progress of a newly approved charter school and to ensure that the school is prepared to open smoothly on the date agreed and that the school meets all building, health, safety, insurance and other legal requirements before the school’s opening.

HISTORY: Laws, 2013, ch. 497, § 11, eff from and after July 1, 2013.

Editor’s Notes —

A former §37-28-21 [Laws, 1997, ch. 584, § 11; Laws, 2004, ch. 576, § 11; reenacted and amended, Laws, 2005, ch. 508, § 11; Laws, 2007, ch. 543, § 11; Repealed by operation of law by former §37-28-21, eff from and after July 1, 2009.] pertained to the repeal of §§37-28-1 through 37-28-21, effective from and after July 1, 2009.

§ 37-28-23. Charter school enrollment; lottery for selection of students if capacity is insufficient to enroll all students.

  1. A charter school must be open to:
    1. Any student residing in the geographical boundaries of the school district in which the charter school is located; and
    2. Any student who resides in the geographical boundaries of a school district that was rated “C,” “D” or “F” at the time the charter school was approved by the authorizer board, or who resides in the geographical boundaries of a school district rated “C,” or “D” or “F” at the time the student enrolls.
  2. A school district may not require any student enrolled in the school district to attend a charter school.
  3. Except as otherwise provided under subsection (8)(d) of this section, a charter school may not limit admission based on ethnicity, national origin, religion, gender, income level, disabling condition, proficiency in the English language, or academic or athletic ability.
  4. A charter school may limit admission to students within a given age group or grade level, including pre-kindergarten students, and may be organized around a special emphasis, theme or concept as stated in the school’s application.
  5. The underserved student composition of a charter school’s enrollment collectively must reflect that of students of all ages attending the school district in which the charter school is located, to be defined for the purposes of this chapter as being at least eighty percent (80%) of that population. If the underserved student composition of an applicant’s or charter school’s enrollment is less than eighty percent (80%) of the enrollment of students of all ages in the school district in which the charter school is located, despite the school’s best efforts, the authorizer must consider the applicant’s or charter school’s recruitment efforts and the underserved student composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the authorizer that a charter school is operating in a discriminatory manner justifies the revocation of a charter.
  6. A charter school must enroll all students who wish to attend the school unless the number of students exceeds the capacity of a program, class, grade level or building.
  7. If capacity is insufficient to enroll all students who wish to attend the school based on initial application, the charter school must select students through a lottery.
    1. Any noncharter public school or part of a noncharter public school converting to a charter school shall adopt and maintain a policy giving an enrollment preference to students who reside within the former attendance area of that public school. If the charter school has excess capacity after enrolling students residing within the former attendance area of the school, students outside of the former attendance area of the school, but within the geographical boundaries of the school district in which the charter school is located, are eligible for enrollment. If the number of students applying for admission exceeds the capacity of a program, class, grade level or building of the charter school, the charter school must admit students on the basis of a lottery.
    2. A charter school must give an enrollment preference to students enrolled in the charter school during the preceding school year and to siblings of students already enrolled in the charter school. An enrollment preference for returning students excludes those students from entering into a lottery.
    3. A charter school may give an enrollment preference to children of the charter school’s applicant, governing board members and full-time employees, so long as those children constitute no more than ten percent (10%) of the charter school’s total student population.
    4. A charter school shall give an enrollment preference to underserved children as defined in Section 37-28-5 to ensure the charter school meets its required underserved student composition.
    5. This section does not preclude the formation of a charter school whose mission is focused on serving students with disabilities, students of the same gender, students who pose such severe disciplinary problems that they warrant a specific educational program, or students who are at risk of academic failure. If capacity is insufficient to enroll all students who wish to attend the school, the charter school must select students through a lottery.

HISTORY: Laws, 2013, ch. 497, § 12; Laws, 2016, ch. 420, § 2, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment, in (1), added (b) and made a related change; and in (8), added (d) and redesignated former (d) as (e).

§ 37-28-25. Charter school credits to be accepted by another public school upon transfer of student from charter school to public school.

If a student previously enrolled in a charter school enrolls in another public school in this state, the student’s new school must accept credits earned by the student in courses or instructional programs at the charter school in a uniform and consistent manner and according to the same criteria that are used to accept academic credits from other public schools.

HISTORY: Laws, 2013, ch. 497, § 13, eff from and after July 1, 2013.

§ 37-28-27. School districts required to provide information about charter schools as enrollment option.

A school district must provide or publicize to parents and the general public information about charter schools as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about noncharter public schools in the district.

HISTORY: Laws, 2013, ch. 497, § 14, eff from and after July 1, 2013.

§ 37-28-29. Charter contract to include performance framework; performance standards used to guide authorizer’s charter school evaluations; annual performance targets.

  1. The performance provisions within a charter contract must be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures and metrics that will guide the authorizer’s evaluations of the charter school. The performance framework must include indicators, measures and metrics, at a minimum, for the following:
    1. Student academic proficiency;
    2. Student academic growth;
    3. Achievement gaps in both proficiency and growth between major student subgroups;
    4. Attendance;
    5. Recurrent enrollment from year to year;
    6. In-school and out-of-school suspension rates and expulsion rates;
    7. For charter high schools, postsecondary readiness, including the percentage of graduates submitting applications to postsecondary institutions, high school completion, postsecondary admission and postsecondary enrollment or employment;
    8. Financial performance and sustainability; and
    9. Board performance and stewardship, including compliance with all applicable laws, regulations and terms of the charter contract.
  2. The charter contract of each charter school serving Grades 9-12 must include a provision ensuring that graduation requirements meet or exceed those set by the Mississippi Department of Education for a regular high school diploma. Nothing in this section shall preclude competency-based satisfaction of graduation requirements.
  3. Annual performance targets must be set by each charter school in conjunction with the authorizer and must be designed to help each school meet applicable federal, state and authorizer expectations.
  4. The performance framework must allow the inclusion of additional rigorous, valid and reliable indicators proposed by a charter school to augment external evaluations of its performance; however, the authorizer must approve the quality and rigor of any indicators proposed by a charter school, which indicators must be consistent with the purposes of this chapter.
  5. The performance framework must require the disaggregation of all student performance data by major student subgroups (gender, race, poverty status, special education status, English learner status and gifted status).
  6. The authorizer shall collect, analyze and report all data from state assessments in accordance with the performance framework for each charter school. Multiple schools overseen by a single governing board must report their performance as separate, individual schools, and each school must be held independently accountable for its performance.
  7. Information needed by the authorizer from the charter school governing board for the authorizer’s reports must be required and included as a material part of the charter contract.

HISTORY: Laws, 2013, ch. 497, § 15; Laws, 2016, ch. 420, § 3, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment added (2), and redesignated former (2) through (6) as (3) through (7).

§ 37-28-31. Annual review of charter school performance and legal compliance; performance report; charter schools to be given opportunity to remedy problems.

  1. The authorizer shall monitor annually the performance and legal compliance of each charter school it oversees, including collecting and analyzing data to support the school’s evaluation according to the charter contract. The authorizer may conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter, adhere to the terms of the charter contract and do not unduly inhibit the autonomy granted to charter schools.
  2. As part of its annual report to the Legislature, the authorizer shall publish and provide a performance report for each charter school it oversees in accordance with the performance framework set forth in the charter contract. The report must be made available to the public at the same time as it is submitted to the Legislature. The authorizer may require each charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school, consistent with the performance framework.
  3. If a charter school’s performance or legal compliance is unsatisfactory, the authorizer shall notify promptly the charter school of the problem and provide reasonable opportunity for the school to remedy the problem unless the problem warrants revocation, in which case the revocation timeframes will apply.
  4. The authorizer may take appropriate corrective actions or exercise sanctions in response to apparent deficiencies in a charter school’s performance or legal compliance. If warranted, the actions or sanctions may include requiring a charter school to develop and execute a corrective action plan within a specified timeframe.

HISTORY: Laws, 2013, ch. 497, § 16, eff from and after July 1, 2013.

§ 37-28-33. Renewal, nonrenewal or revocation of charter.

  1. A charter may be renewed for successive five-year terms of duration. The authorizer may grant renewal with specific conditions for necessary improvements to a charter school and may lessen the renewal term based on the performance, demonstrated capacities and particular circumstances of each charter school.
  2. Before September 30, the authorizer shall issue a charter school performance report and charter renewal application guidance to any charter school whose charter will expire the following year. The performance report must summarize the charter school’s performance record to date, based on the data required by this chapter and the charter contract, and must provide notice of any weaknesses or concerns perceived by the authorizer which may jeopardize the charter school’s position in seeking renewal if not timely rectified. The charter school must respond and submit any corrections or clarifications for the performance report within ninety (90) days after receiving the report.
  3. The charter renewal application guidance must provide, at a minimum, an opportunity for the charter school to:
    1. Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
    2. Describe improvements undertaken or planned for the school; and
    3. Detail the school’s plans for the next charter term.
  4. The charter renewal application guidance must include or refer explicitly to the criteria that will guide the authorizer’s renewal decision, which must be based on the performance framework set forth in the charter contract and consistent with this chapter.
  5. Before February 1, the governing board of a charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the charter renewal application guidance issued by the authorizer. The authorizer shall adopt a resolution ruling on the renewal application no later than ninety (90) days after the filing of the renewal application.
  6. In making each charter renewal decision, the authorizer must:
    1. Ground its decision in evidence of the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
    2. Ensure that data used in making the renewal decision is available to the school and the public; and
    3. Provide a public report summarizing the evidence that is the basis for the renewal decision.
  7. A charter contract must be revoked at any time or not renewed if the authorizer determines that the charter school has done any of the following or otherwise failed to comply with the provisions of this chapter:
    1. Committed a material and substantial violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract;
    2. Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;
    3. Failed to meet generally accepted standards of fiscal management; or
    4. Substantially violated any material provision of law which is applicable to the charter school.
  8. The authorizer shall develop revocation and nonrenewal processes that:
    1. Provide the governing board of a charter school with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure;
    2. Allow the governing board a reasonable amount of time in which to prepare a response;
    3. Provide the governing board with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;
    4. Allow the governing board access to representation by counsel and to call witnesses on the school’s behalf;
    5. Permit the recording of such proceedings; and
    6. After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the governing board.
  9. Notwitstanding any provision to the contrary, the authorizer may not renew the charter of any charter school that, during the school’s final operating year under the term of the charter contract, is designated an “F” school under the school accreditation rating system.
  10. If the authorizer revokes or does not renew a charter, the authorizer must state clearly, in a resolution of adopted by the authorizer board, the reasons for the revocation or nonrenewal.
  11. Within ten (10) days after taking action to renew, not renew or revoke a charter, the authorizer shall provide a report to the charter school. The report must include a copy of the authorizer board’s resolution setting forth the action taken, reasons for the board’s decision and assurances as to compliance with all of the requirements set forth in this chapter.

HISTORY: Laws, 2013, ch. 497, § 17, eff from and after July 1, 2013.

§ 37-28-35. Closure of charter; charter school closure protocol; disposition of unspent funds and assets.

  1. Before implementing a charter school closure decision, the authorizer must develop a charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property and assets in accordance with the requirements of this chapter. The protocol must specify tasks, timelines and responsible parties, including delineating the respective duties of the school and the authorizer. If a charter school is to be closed for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.
  2. If a charter school closes, all unspent government funds, unspent earnings from those funds and assets purchased with government funds must revert to the local school district in which the charter school is located. Unless otherwise provided for in the charter or a debt instrument, unspent funds from nongovernmental sources, unspent earnings from those funds, assets purchased with those funds and debts of the school must revert to the nonprofit entity created to operate the school and may be disposed of according to applicable laws for nonprofit corporations.

HISTORY: Laws, 2013, ch. 497, § 18, eff from and after July 1, 2013.

§ 37-28-37. Annual report on status of charter schools to governor and legislature.

  1. Before October 1 of each year, beginning in the year that the state has had at least one (1) charter school operating for a full school year, the Mississippi Charter School Authorizer Board shall issue to the Governor, Legislature, State Board of Education and the public an annual report on the state’s charter schools for the preceding school year. The report must include a comparison of the performance of charter school students with the performance of academically, ethnically and economically comparable groups of students in the school district in which a charter school is located. In addition, the report must include the authorizer’s assessment of the successes, challenges and areas for improvement in meeting the purposes of this chapter. The report also must include an assessment on whether the number and size of operating charter schools are sufficient to meet demand, as calculated according to admissions data and the number of students denied enrollment based on lottery results. The report due from the authorizer under this section must be coordinated with reports due from charter school governing boards, as near as possible, to decrease or eliminate duplication.
  2. The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall prepare an annual report assessing the sufficiency of funding for charter schools, the efficacy of the state formula for authorizer funding, and any suggested changes in state law or policy necessary to strengthen the state’s charter schools.

HISTORY: Laws, 2013, ch. 497, § 19, eff from and after July 1, 2013.

§ 37-28-39. Charter school and certain service providers to be nonprofit education organization; charter school to function as local educational agency.

  1. Notwithstanding any provision of law to the contrary, to the extent that any provision of this chapter is inconsistent with any other state or local law, rule or regulation, the provisions of this chapter govern and are controlling.
  2. A charter school and any education service provider which provides comprehensive management for a charter school must be a nonprofit education organization.
  3. A charter school is subject to all federal laws and authorities specified in this chapter or agreed upon with the authorizer in the charter contract, where such contracting is consistent with applicable laws, rules and regulations.
  4. To the extent approved by the authorizer, a charter contract may consist of one or more schools. Each charter school that is part of a charter contract must be separate and distinct from any other charter school.
  5. A single governing board may hold one or more charter contracts.
  6. A charter school must function as a local educational agency, and as such, a charter school is responsible for meeting the requirements of local educational agencies under applicable federal laws, including those relating to special education, receipt of funds and compliance with funding requirements. Status as a local educational agency, however, does not preclude a charter school from developing, by mutual agreement or formal contract, links with the local school district for services, resources and programs.

HISTORY: Laws, 2013, ch. 497, § 20, eff from and after July 1, 2013.

§ 37-28-41. Charter school powers.

A charter school may exercise those powers necessary for carrying out the terms of its charter contract, including the following powers:

To receive and disburse funds authorized by law for school purposes;

To secure appropriate insurance and to enter into contracts and leases;

To contract with an education service provider for the management and operation of the charter school so long as the school’s governing board retains oversight authority over the school;

To solicit and accept any gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;

To acquire real property for use as its facility or facilities, from public or private sources; and

To sue and be sued in its own name.

HISTORY: Laws, 2013, ch. 497, § 21, eff from and after July 1, 2013.

§ 37-28-43. Prohibition against discrimination; prohibition against charging tuition; transportation plan; virtual courses.

  1. A charter school may not discriminate against any person on the basis of race, creed, color, sex, disability, national origin or any other category that would be unlawful if done by a noncharter public school.
  2. A charter school may not engage in any sectarian practices in its educational program, admissions or employment policies or operations.
  3. A charter school may not discriminate against any student on the basis of national origin, minority status or limited proficiency in English. Consistent with federal civil rights laws, charter schools must provide limited English proficient students with appropriate services designed to teach them English and the general curriculum.
  4. A charter school may not charge tuition.
  5. The terms of each charter school must include a transportation plan for students attending the charter school.
  6. Subject to the approval of the authorizer, a charter school may contract with an accredited online course provider for the delivery of virtual courses to students enrolled in the charter school.
  7. Except to the extent authorized under paragraph (c) of Section 37-28-41, the powers, obligations and responsibilities set forth in the charter contract may not be delegated or assigned by either party.

HISTORY: Laws, 2013, ch. 497, § 22, eff from and after July 1, 2013.

§ 37-28-45. Applicability of statutes, rules, regulations, policies, procedures, etc. that noncharter public schools are subject to; relation to other laws.

  1. Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter.
  2. Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures.
  3. Although a charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district, the charter school may not be considered a school within that district under the purview of the school district’s school board. The rules, regulations, policies and procedures established by the school board for the noncharter public schools that are in the school district in which the charter school is geographically located do not apply to the charter school unless otherwise required under the charter contract or any contract entered into between the charter school governing board and the local school board.
  4. Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language “school districts,” “school boards,” “boards of trustees,” “the schools within a school district,” or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools.
  5. A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract.
  6. Charter schools are not exempt from the following statutes:
    1. Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
    2. Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
    3. Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
    4. Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education.
    5. Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
    6. Section 37-11-18.1, which requires expulsion of certain habitually disruptive students.
    7. Section 37-11-19, which requires suspension or expulsion of a student who damages school property.
    8. Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school.
    9. Section 37-11-21, which prohibits parental abuse of school staff.
    10. Section 37-11-23, which prohibits the willful disruption of school and school meetings.
    11. Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property.
    12. Section 37-11-67, which prohibits bullying or harassing behavior in public schools.
    13. Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools.
    14. Sections 37-13-5 and 37-13-6, which require the flags of the United States and the State of Mississippi to be displayed near the school building.
    15. Section 37-13-63(1), which prescribes the minimum number of days which public schools must be kept in session during a scholastic year.
    16. Section 37-13-91, which is the Mississippi Compulsory School Attendance Law.
    17. Section 37-13-171(2) and (4), which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education.
    18. Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
    19. Section 37-13-193, which relates to civil rights and human rights education in the public schools.
    20. Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools.
    21. Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools.
    22. Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
    23. Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
    24. Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program.
    25. Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.

HISTORY: Laws, 2013, ch. 497, § 23, eff from and after July 1, 2013.

§ 37-28-47. Qualifications of charter school employees; applicability of Education Employment Procedures Law.

    1. Charter schools must comply with applicable federal laws, rules and regulations regarding the qualification of teachers and other instructional staff. No more than twenty-five percent (25%) of teachers in a charter school may be exempt from state teacher licensure requirements. Administrators of charter schools are exempt from state administrator licensure requirements. However, teachers and administrators must have a bachelor’s degree as a minimum requirement, and teachers must have demonstrated subject-matter competency. Within three (3) years of a teacher’s employment by a charter school, the teacher must have, at a minimum, alternative licensure approved by the Commission on Teacher and Administrator Education, Certification and Licensure and Development.
    2. A charter school may not staff positions for teachers, administrators, ancillary support personnel or other employees by utilizing or otherwise relying on nonimmigrant foreign worker visa programs. However, a charter school may submit a request to the authorizer for an exception allowing the employment of a nonimmigrant foreign worker before the worker is employed. The authorizer may grant permission for the employment of the nonimmigrant foreign worker only if the charter school makes a satisfactory showing of efforts to recruit lawful permanent residents of the United States to fill the position and a lack of qualified applicants to fill the position.
  2. Employees in charter schools must have the same general rights and privileges as other public school employees, except such employees are not:
    1. Covered under the Education Employment Procedures Law (Section 37-9-103); and
    2. Subject to the state salary requirements prescribed in Section 37-19-7.
  3. For the purpose of eligibility for participation in the Public Employees’ Retirement System, a public charter school is considered to be a political subdivision of the state. Employees in public charter schools are eligible for participation in other benefits programs if the public charter school governing board chooses to participate.

HISTORY: Laws, 2013, ch. 497, § 24; Laws, 2016, ch. 420, § 4, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment, in (1)(a), deleted “at the time the initial charter application is approved by the authorizer” from the end of the second sentence, and substituted “(3) years of a teacher’s employment by a charter school, the teacher must” for “(3) years of the date of initial application approval by the authorizer, all teachers must” in the last sentence; in (2), deleted (c), which read: “Members of the Public Employees’ Retirement System,” and made related changes; and rewrote (3), which read: “Employees in charter schools are eligible for participation in retirement and other benefits programs in which the charter school chooses to make available to its employees.”

§ 37-28-49. Criminal history record checks and fingerprinting requirements; termination of charter school employee for certain acts.

  1. Charter school teachers and other school personnel, as well as members of the governing board and any education service provider with whom a charter school contracts, are subject to criminal history record checks and fingerprinting requirements applicable to employees of other public schools. The authorizer shall require that current criminal records background checks and current child abuse registry checks are obtained, and that the criminal record information and registry checks are on file at the charter school for any new hires applying for employment. In order to determine an applicant’s suitability for employment, the applicant must be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints must be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Under no circumstances may a member of the Mississippi Charter School Authorizer Board, member of the charter school governing board or any individual other than the subject of the criminal history record checks disseminate information received through the checks except as may be required to fulfill the purposes of this section. The determination whether the applicant has a disqualifying crime, as set forth in subsection (2) of this section, must be made by the appropriate state or federal governmental authority, which must notify the charter school whether a disqualifying crime exists.
  2. If the fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire is not eligible to be employed at the charter school. However, the charter school, in its discretion, may allow any applicant aggrieved by the employment decision under this section to show mitigating circumstances that exist and may allow, subject to the approval of the Mississippi Charter School Authorizer Board, the new hire to be employed at the school. The authorizer may approve the employment depending on the mitigating circumstances, which may include, but need not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; and (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of children.
  3. No charter school, charter school employee, member of the charter school governing board, the Mississippi Charter School Authorizer Board or member or employee of the Mississippi Charter School Authorizer Board employee may be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.
  4. A charter school shall terminate any teacher or administrator for committing one or more of the following acts:
    1. Engaging in unethical conduct relating to an educator-student relationship as identified by the Mississippi Charter School Authorizer Board;
    2. Fondling a student as described in Section 97-5-23 or engaging in any type of sexual involvement with a student as described in Section 97-3-95; or
    3. Failure to report sexual involvement of a charter school employee with a student as required by Section 97-5-24.

HISTORY: Laws, 2013, ch. 497, § 25, eff from and after July 1, 2013.

§ 37-28-51. Charter schools eligible to participate in state- or district-sponsored athletic and academic interscholastic activities.

A charter school is eligible to participate in state-sponsored or district-sponsored athletic and academic interscholastic leagues, competitions, awards, scholarships and recognition programs for students, educators, administrators and schools to the same extent as noncharter public schools.

HISTORY: Laws, 2013, ch. 497, § 26, eff from and after July 1, 2013.

§ 37-28-53. Charter schools required to certify enrollment, average daily attendance and certain additional information on annual basis.

  1. Each charter school shall certify annually to the State Department of Education its student enrollment, average daily attendance and student participation in the national school lunch program, special education, vocational education, gifted education, alternative school program and federal programs in the same manner as school districts.
  2. Each charter school shall certify annually to the school board of the school district in which the charter school is located the number of enrolled charter school students residing in the school district.

HISTORY: Laws, 2013, ch. 497, § 27, eff from and after July 1, 2013.

§ 37-28-55. Charter school funding; adequate education program payments; local funding; federal and state categorical aid program monies; state transportation funding.

    1. The State Department of Education shall make payments to charter schools for each student in average daily attendance at the charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the school district in which the charter school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
    2. Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103. Amounts payable to a charter school must be determined by the State Department of Education. Amounts payable to a charter school over its charter term must be based on the enrollment projections set forth over the term of the charter contract. Such projections must be reconciled with the average daily attendance using months two (2) and three (3) ADA for the current year for which adequate education program funds are being appropriated and any necessary adjustments must be made to payments during the school’s following year of operation.
  2. For students attending a charter school located in the school district in which the student resides, the school district in which a charter school is located shall pay directly to the charter school an amount for each student enrolled in the charter school equal to the ad valorem tax receipts and in-lieu payments received per pupil for the support of the local school district in which the student resides. The pro rata ad valorem receipts and in-lieu receipts to be transferred to the charter school shall include all levies for the support of the local school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy) and may not include any taxes levied for the retirement of the local school district’s bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. The amount of funds payable to the charter school by the school district must be based on the previous year’s enrollment data and ad valorem receipts and in-lieu receipts of the local school district in which the student resides. The pro rata amount must be calculated by dividing the local school district’s months one (1) through nine (9) average daily membership into the total amount of ad valorem receipts and in-lieu receipts, as reported to the State Department of Education by the local school district. The local school district shall pay an amount equal to this pro rata amount multiplied by the number of students enrolled in the charter school, based on the charter school’s end of first month enrollment for the current school year. The amount must be paid by the school district to the charter school before January 16 of the current fiscal year. If the local school district does not pay the required amount to the charter school before January 16, the State Department of Education shall reduce the local school district’s January transfer of Mississippi Adequate Education Program funds by the amount owed to the charter school and shall redirect that amount to the charter school. Any such payments made under this subsection (2) by the State Department of Education to a charter school must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103.
  3. For students attending a charter school located in a school district in which the student does not reside, the State Department of Education shall pay to the charter school in which the student is enrolled an amount as follows: the pro rata ad valorem receipts and in-lieu payments per pupil for the support of the local school district in which the student resides under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy), however, not including any taxes levied for the retirement of the local school district’s bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. The amount of funds payable to the charter school by the school district must be based on the previous year’s enrollment data and ad valorem receipts and in-lieu receipts of the local school district in which the student resides. The pro rata amount must be calculated by dividing the local school district’s months one (1) through nine (9) average daily membership into the total amount of ad valorem receipts and in-lieu receipts, as reported to the State Department of Education by the transferor local school district. The payable amount shall be equal to this pro rata amount multiplied by the number of students enrolled in the charter school, based on the charter school’s end of first month enrollment for the current school year. The State Department of Education shall reduce the school district’s January transfer of Mississippi Adequate Education Program funds by the amount owed to the charter school and shall redirect that amount to the charter school. Any such payments made under this subsection (3) by the State Department of Education to a charter school must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103.
    1. The State Department of Education shall direct the proportionate share of monies generated under federal and state categorical aid programs, including special education, vocational, gifted and alternative school programs, to charter schools serving students eligible for such aid. The department shall ensure that charter schools with rapidly expanding enrollments are treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each charter school that serves students who may be eligible to receive services provided through such programs shall comply with all reporting requirements to receive the aid.
    2. A charter school shall pay to a local school district any federal or state aid attributable to a student with a disability attending the charter school in proportion to the level of services for that student which the local school district provides directly or indirectly.
    3. Subject to the approval of the authorizer, a charter school and a local school district may negotiate and enter into a contract for the provision of and payment for special education services, including, but not necessarily limited to, a reasonable reserve not to exceed five percent (5%) of the local school district’s total budget for providing special education services. The reserve may be used by the local school district only to offset excess costs of providing services to students with disabilities enrolled in the charter school.
    1. The State Department of Education shall disburse state transportation funding to a charter school on the same basis and in the same manner as it is paid to school districts under the adequate education program.
    2. A charter school may enter into a contract with a school district or private provider to provide transportation to the school’s students.

HISTORY: Laws, 2013, ch. 497, § 28; Laws, 2015, ch. 428, § 1; Laws, 2016, ch. 420, § 5, eff from and after July 1, 2016.

Amendment Notes —

The 2015 amendment, in (1)(b), rewrote the third sentence, which read: “Amounts payable to a charter school in its first year of operation must be based on the projections of initial-year enrollment and federal school level funding set forth in the charter contract,” and substituted “at the end of each year” for “at the end of the school’s first year” and “school’s following year” for “school’s second year” in the fourth sentence; and in (2), deleted the former third sentence, which read: “In no event may the payment exceed the pro rata amount of the local ad valorem payment for the local contribution to the adequate education program under Section 37-57-1 for the school district in which the student resides,” added the present third through seventh sentences, and rewrote the last sentence, which read: “Payments made under this section by a school district to a charter school must be made before the expiration of three (3) business days after the funds are distributed to the school district by the tax collector.”

The 2016 amendment substituted “attendance using months (2) and (3) ADA for the current year for which adequate education program funds are being appropriated and any” for “attendance at the end of each year of operation, and any” in the last sentence of (1)(b); added “For students…the student resides” at the beginning of (2); and added (3), and redesignated former (3) and (4) as (4) and (5).

§ 37-28-57. Annual financial audit.

  1. A charter school must adhere to generally accepted accounting principles.
  2. A charter school shall have its financial records audited annually, at the end of each fiscal year, either by the State Auditor or by a certified public accountant approved by the State Auditor. However, a certified public accountant may not be selected to perform the annual audit of a charter school if that accountant previously has audited the charter school for more than three (3) consecutive years. Certified public accountants must be selected in a manner determined by the State Auditor. The charter school shall file a copy of each audit report and accompanying management letter with the authorizer before October 1.

HISTORY: Laws, 2013, ch. 497, § 29; Laws, 2016, ch. 420, § 6, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment substituted “October 1” for “August 1” at the end of the section.

§ 37-28-59. Monies remaining in charter school’s accounts at end of budget year to be used during subsequent budget years; authorization to accept gifts, grants, etc.; disclosure of funds from private and foreign sources.

  1. Any monies received by a charter school from any source remaining in the charter school’s accounts at the end of a budget year must remain in the charter school’s accounts for use by the charter school during subsequent budget years.
  2. Nothing in this chapter may be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of a charter school. The governing board of a charter school may accept gifts, donations and grants of any kind made to the charter school and may expend or use such gifts, donations and grants in accordance with the conditions prescribed by the donor; however, a gift, donation or grant may not be accepted if it is subject to a condition that is contrary to any provision of law or term of the charter contract.
  3. A charter school must disclose publicly all sources of private funding and all funds received from foreign sources, including gifts from foreign governments, foreign legal entities and domestic entities affiliated with either foreign governments or foreign legal entities. For the purposes of this subsection, the term “foreign” means a country or jurisdiction outside of any state or territory of the United States.

HISTORY: Laws, 2013, ch. 497, § 30, eff from and after July 1, 2013.

§ 37-28-61. Right of first refusal to purchase vacant public school facilities; public entities authorized to provide space to charters in their facilities under preexisting zoning and land use designations.

  1. A charter school has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or unused portions of a public school facility or property in the school district in which the charter school is located if the school district decides to sell or lease the public school facility or property. If a conversion charter school application is successful, the local school district owning the conversion charter school’s facility must offer to lease or sell the building to the conversion charter school at or below fair market value.
  2. A charter school may negotiate and contract at or below fair market value with a school district, state institution of higher learning, public community or junior college, or any other public or for-profit or nonprofit private entity for the use of a facility for a school building.
  3. Public entities, including, but not limited to, libraries, community service organizations, museums, performing arts venues, theatres, cinemas, churches, community and junior colleges, colleges and universities, may provide space to charter schools within their facilities under their preexisting zoning and land use designations.

HISTORY: Laws, 2013, ch. 497, § 31; Laws, 2016, ch. 420, § 7, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment added the last sentence of (1).

§ 37-28-63. Repealed.

Repealed by Laws, 2015, ch. 420, § 11, effective July 1, 2016.

§37-28-63. [Laws, 2013, ch. 497, § 93, eff from and after July 1, 2013.]

Editor’s Notes —

Former §37-28-63 was the repealer for §§37-28-1 through37-28-61.

Chapter 29. Junior Colleges

In General

§ 37-29-1. Creation, establishment, maintenance and operation of community colleges authorized; types of instruction to be offered; early admission program.

  1. The creation, establishment, maintenance and operation of community colleges is authorized. Community colleges may admit students if they have earned one (1) unit less than the number of units required for high school graduation established by State Board of Education policy or have earned a High School Equivalency Diploma in courses correlated to those of senior colleges or professional schools. Subject to the provisions of Section 75-76-34, they shall offer, without limitation, education and training preparatory for occupations such as agriculture, industry of all kinds, business, homemaking and for other occupations on the semiprofessional and vocational-technical level. They may offer courses and services to students regardless of their previous educational attainment or further academic plans.
  2. The boards of trustees of the community college districts are authorized to establish an early admission program under which applicants having a minimum ACT composite score of twenty-six (26) or the equivalent SAT score may be admitted as full-time college students if the principal or guidance counselor of the student recommends in writing that it is in the best educational interest of the student. Such recommendation shall also state that the student’s age will not keep him from being a successful full-time college student. Students admitted in the early admission program shall not be counted for adequate education program funding purposes in the average daily attendance of the school district in which they reside, and transportation required by a student to participate in the early admission program shall be the responsibility of the parents or legal guardians of the student. Grades and college credits earned by students admitted to the early admission program shall be recorded on the college transcript at the community college where the student attends classes, and may be released to another institution or used for college graduation requirements only after the student has successfully completed one (1) full semester of course work.
  3. The community colleges shall provide, through courses or other acceptable educational measures, the general education necessary to individuals and groups which will tend to make them capable of living satisfactory lives consistent with the ideals of a democratic society.

HISTORY: Codes, 1942, § 6475-01; Laws, 1950, ch. 369, § 1; Laws, 1987, ch. 320; Laws, 1996, ch. 327, § 1; Laws, 1998, ch. 398, § 1; Laws, 1998, ch. 578, § 1; Laws, 2002, ch. 361, § 1; Laws, 2011, ch. 511, § 3; Laws, 2013, ch. 327, § 4; Laws, 2014, ch. 398, § 4, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 1 of ch. 398, Laws of 1998, effective July 1, 1998 (approved March 17, 1998), amended this section. Section 1 of ch. 578, Laws of 1998, effective July 1, 1998 (approved April 17, 1998), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 578, Laws of 1998, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The 2002 amendment rewrote the section.

The 2011 amendment deleted former (2), pertaining to the establishment of the dual enrollment program and the admission requirements, thereto; redesignated former (3) and (4) as (2) and (3); and deleted “meeting all requirements prescribed in subsection (2)(a) through (c) and” preceding “and having a minimum ACT composite” in the first sentence in (2).

The 2013 amendment inserted “Subject to the provisions of Section 75-76-34”, “without limitation”, “of all kinds” in the second sentence of (1); and substituted “community colleges” for “community and junior colleges” throughout the section.

The 2014 amendment, in (1), substituted “High School Equivalency Diploma” for “General Education Diploma (GED).”

Cross References —

Adult education, see §§37-35-1 et seq.

Inclusion of public junior colleges in small business consortium, see §57-10-157.

OPINIONS OF THE ATTORNEY GENERAL

Most agricultural high schools have been subsumed into community college systems which administer them; therefore, members of community college board who operate agricultural high school are not required to attend training sessions required for school board members of local school districts; only agricultural high school operated by board of trustees independent of community college would be required to meet training requirements of Section 37-7-306. Bradley Sept. 9, 1993, A.G. Op. #93-0643.

A principal and/or guidance counselor may consider a student’s ACT score, together with other factors they may deem relevant, when determining whether to recommend a particular student for participation in the dual enrollment program. Presley, June 9, 2004, A.G. Op. 04-0240.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice . 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice : what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice : A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice . 62 Miss. L. J. 405, Winter, 1993.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

A plan for desegregating the schools of Coahoma County, Mississippi, would be adopted which would assign students in the first eight grades to neighborhood schools, after which the district would be zoned for the assignment of students in grades 9 through 12 to the county high school operated by the school district, and to the county agricultural high school operated by the junior college district. Taylor v. Coahoma County School Dist., 330 F. Supp. 174, 1970 U.S. Dist. LEXIS 11054 (N.D. Miss. 1970), aff'd, 444 F.2d 221, 1971 U.S. App. LEXIS 9525 (5th Cir. Miss. 1971).

§ 37-29-3. Official seal.

Each junior college shall have an official seal to be impressed upon all instruments of the junior college requiring seal. Said seal may be in the form of a circle. Said seal shall imprint the name and location of the college and the words “Official Seal.”

HISTORY: Codes, 1942, § 6475-17; Laws, 1950, ch. 369, § 17.

§ 37-29-5. Title to lands; buildings and improvements.

Title to lands may be acquired and buildings and other improvements may be erected thereon for the use and benefit of junior colleges. Title to all such property hereafter acquired shall be vested in the board of trustees and the trustees’ successors in office.

Any board of supervisors or board of trustees of any municipal separate school district which presently holds title to the lands, buildings, and improvements of a junior college may convey title to same to the board of trustees and their successors in office of such junior college pursuant to a resolution of such board of supervisors or board of trustees of a municipal separate school district, duly adopted and spread on the minutes of said board of supervisors.

HISTORY: Codes, 1942, § 6475-08; Laws, 1950, ch. 369, § 8.

Cross References —

Authority of municipalities and counties to purchase land or buildings for junior colleges, see §37-29-267.

OPINIONS OF THE ATTORNEY GENERAL

A community college may convey an easement over land under its jurisdiction to an individual in return for other land of equal or greater value upon such basis as the board of trustees finds acceptable. Bradley, May 3, 2002, A.G. Op. #02-0202.

Junior College Commission [Repealed]

Editor’s Notes —

Section 37-4-5 provides that the terms “Junior College Commission” and “State Board for Community and Junior Colleges,” wherever they appear in the laws of Mississippi, shall mean the “Mississippi Community College Board.”

§§ 37-29-11 through 37-29-17. Repealed.

Repealed by 1986, ch. 434, § 17, eff from and after July 1, 1986 (became law on April 4, 1986, without Governor’s signature).

§§37-29-11 through37-29-15. [Codes, 1942, §§ 6475-21 to 6475-23; Laws, 1962, ch. 352, §§ 1-3]

§37-29-17. [Codes, 1942, §§ 6475-03, 6475-24; Laws, 1950, ch. 369, § 3; 1962, ch. 352, § 4]

Editor’s Notes —

Former Section 37-29-11 created the junior college commission and specified its membership.

Former Section 37-29-13 specified the qualifications of appointed members of the commission.

Former Section 37-29-15 provided for meetings of the commission and specified the compensation of the members.

Former Section 37-29-17 specified the powers and duties of the junior college commission.

Junior College Districts

§ 37-29-31. Junior college districts created.

There are hereby created the following junior college districts comprising the entire counties therein named and having boundaries coinciding with the external boundaries thereof, each of which shall be separate juristic entities and bodies politic and corporate:

East Central Junior College District shall be comprised of the counties of Leake, Neshoba, Newton, Scott and Winston.

East Mississippi Junior College District shall be comprised of the counties of Clay, Kemper, Lauderdale, Lowndes, Noxubee and Oktibbeha.

Hinds Junior College District shall be comprised of the counties of Hinds, Rankin, Warren and Claiborne.

Holmes Junior College District shall be comprised of the counties of Attala, Carroll, Choctaw, Grenada, Holmes, Madison, Montgomery, Webster and Yazoo.

Itawamba Junior College District shall be comprised of the counties of Chickasaw, Itawamba, Lee, Monroe and Pontotoc.

Jones County Junior College District shall be comprised of the counties of Clarke, Covington, Greene, Jasper, Jones, Perry, Smith and Wayne.

Mississippi Delta Junior College District shall be comprised of the counties of Bolivar, Humphreys, Issaquena, Leflore, Sharkey, Sunflower and Washington.

Northeast Junior College District shall be comprised of the counties of Alcorn, Prentiss, Tippah, Tishomingo and Union.

Northwest Junior College District shall be comprised of the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha.

Pearl River Junior College District shall be comprised of the counties of Forrest, Hancock, Jefferson Davis, Lamar, Marion and Pearl River.

Southwest Junior College District shall be comprised of the counties of Amite, Pike, Walthall and Wilkinson.

HISTORY: Codes, 1942, § 6475-51; Laws, 1964, ch. 398, § 1; Laws, 1975, ch. 301, § 12; Laws, 1995, ch. 605, § 12, eff from and after July 1, 1995.

Cross References —

Duties and powers of superintendent of school districts in handling agricultural high school and junior college funds, see §37-9-14.

Special provisions applicable to East Mississippi Junior College District, see §37-29-65.

Creation of Mississippi Gulf Coast Junior College District, see §37-29-401.

Creation of Copiah-Lincoln Junior College District, see §37-29-451.

Creation of Meridian Junior College District, see §37-29-501.

§ 37-29-33. Property of existing institutions transferred to and vested in district trustees.

Except as otherwise provided in Sections 37-29-1 through 37-29-273, all of the property belonging to the board of trustees of any existing junior college and all of the property belonging to any or all of the counties cooperating, as of July 1, 1964, in the existing junior colleges or the agricultural high schools and junior colleges located at the existing campuses and utilized or held for the present or future use and benefit of such junior colleges and/or agricultural high schools and junior colleges, shall be and the same is hereby transferred to and vested in the boards of trustees of the junior college districts created in Section 37-29-31.

HISTORY: Codes, 1942, § 6475-52; Laws, 1964, ch. 398, § 2, eff from and after July 1, 1964.

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Laws of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transfer of property to Mississippi Gulf Coast Junior College District, see §37-29-403.

Transfer of property to Copiah-Lincoln Junior College District, see §37-29-471.

Transfer of property to Meridian Junior College District, see §37-29-503.

OPINIONS OF THE ATTORNEY GENERAL

If streets are determined not to be dedicated city streets and are the property of a community college, then the provisions of Section 37-29-67 authorize the board of trustees to gate the streets for the protection and safety of students, guests, faculty and employees. Smith, Nov. 9, 2005, A.G. Op. 05-0566.

§ 37-29-35. Repealed.

Repealed by Laws, 1980, ch. 428, § 10, eff from and after passage (approved April 30, 1980).

[Codes, 1942, §§ 6475-12, 6475-65; Laws, 1950, ch. 369, § 12; Laws, 1964, ch. 398, § 15]

Editor’s Notes —

Former §37-29-35 provided for the continuation of junior college districts operated by municipal separate school districts.

§ 37-29-37. Continuation of operation of junior college lying in county bordering on the Mississippi River.

  1. Notwithstanding the provisions of Sections 37-29-1 through 37-29-273 to the contrary, any existing publicly operated junior college, lying in and operated by a county bordering on the Mississippi River, may, in the discretion of the board of supervisors of such county, continue to operate said college under such terms and conditions as said board may deem necessary and requisite in the premises. The governing authorities of other counties and municipalities are authorized and empowered, in the discretion of said governing bodies, to appropriate funds for the support of said junior college.
  2. The provisions of the preceding subsection shall not impair nor abrogate the aforesaid county’s obligations, duties, powers, and rights as a member county of the junior college district to which it is made a part by Section 37-29-31.
  3. All of the property and facilities of any existing junior college located outside of the boundaries of the county owning and operating the same shall be and the same are hereby transferred to and vested in the board of trustees of the junior college district in which said county owning and operating said junior college is situated, and the board of trustees of said junior college district is authorized to continue the operation of said college under such terms and conditions as such board may deem necessary and requisite.

    The governing authorities of other counties and municipalities lying outside of such junior college district are authorized and empowered, in the discretion of their governing bodies, to levy taxes and to appropriate funds for the support of such junior college.

HISTORY: Codes, 1942, § 6475-66; Laws, 1964, ch. 398, § 16; Laws, 1964, 1st Ex Sess, ch. 29, eff from and after passage (approved July 14, 1964).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Laws of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

§ 37-29-39. Continuation of Mississippi Gulf Coast Junior College District.

It is expressly provided that nothing in Sections 37-29-1 through 37-29-273 shall be construed as affecting a junior college district heretofore established under authority of Sections 37-29-401 through 37-29-437.

HISTORY: Codes, 1942, § 6475-68; Laws, 1964, ch. 398, § 18, eff from and after July 1, 1964.

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Laws of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Duties and powers of superintendent of school district, see §37-9-14.

President and Board of Trustees

§ 37-29-61. President; selection and term.

The executive head of a junior college shall be the president of the college who shall be selected by the board of trustees for a term not to exceed four years.

HISTORY: Codes, 1942, § 6475-06; Laws, 1950, ch. 369, § 6.

Cross References —

Powers of the president, see §37-29-63.

President of Mississippi Gulf Coast Junior College District, see §37-29-405.

President of Copiah-Lincoln Junior College District, see §37-29-453.

President of Meridian Junior College District, see §37-29-509.

§ 37-29-63. Powers of the president.

  1. The president of any community college, or such other person designated or authorized by the board of trustees, shall have the power to recommend to the board of trustees all teachers to be employed in the district.
  2. The president may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers; however, the board may make provisions and establish policies for leave for faculty members and other key personnel.
  3. The president shall have the authority, subject to the provisions of Section 75-76-34 and Sections 37-29-1 through 37-29-273 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

HISTORY: Codes, 1942, § 6475-55; Laws, 1964, ch. 398, § 5; Laws, 2002, ch. 532, § 1; Laws, 2004, ch. 321, § 1; Laws, 2005, ch. 528, § 1; Laws, 2013, ch. 327, § 5, eff from and after July 1, 2013.

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Laws of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Amendment Notes —

The 2002 amendment, in the first paragraph, substituted “community/junior college” for “junior college,” and inserted “or such other person designated or authorized by the board of trustees” in the first sentence, and substituted “The president may” for “He may” in the second sentence.

The 2004 amendment substituted “through” for “to” following “Sections 37-29-1” in the second paragraph; and extended the date of the repealer in the last paragraph from July 1, 2004 to July 1, 2006.

The 2005 amendment deleted the former third paragraph which read: “This section shall be repealed on July 1, 2006”; and rewrote the former first and second paragraphs as present (1) through (3).

The 2013 amendment substituted “community college” for “community/junior college” in (1); and inserted “Section 75-76-34 and” preceding “Sections 37-29-1 through 37-29-273” in the first sentence of (3).

Cross References —

Selection and term of president, see §37-29-61.

Powers of president of the Mississippi Gulf Coast Junior College District, see §37-29-407.

Powers of president of the Copiah-Lincoln Junior College District, see §37-29-455.

Powers of president of the Meridian Junior College District, see §37-29-509.

RESEARCH REFERENCES

ALR.

Negligent discharge of employee. 53 A.L.R.5th 219.

JUDICIAL DECISIONS

1. In general.

This section does not give the board of trustees the sole discretion to hire and employ teachers, but also gives the president of a community college broad powers and, therefore, the president of a community college, as well as the board of trustees, is prohibited under §25-4-105 from employing relatives. Hinds Community College Dist. v. Muse, 725 So. 2d 207, 1998 Miss. LEXIS 610 (Miss. 1998).

While §37-29-63 vests in the president of a junior college the power to “remove or suspend any member of the faculty subject to the approval of the trustees,” this in no way empowers a new president to abrogate existing employment contracts without cause. Hoffman v. Board of Trustees, East Mississippi Junior College, 567 So. 2d 838, 1990 Miss. LEXIS 551 (Miss. 1990).

§ 37-29-65. Selection of trustees; terms; compensation; provisions applicable to East Mississippi Junior College and Coahoma Community College Districts [Effective until July 1, 2019].

  1. Except as provided in this section and in Sections 37-29-409, 37-29-457 and 37-29-505, there shall be six (6) trustees from each county of the junior college district which originally entered into and gave financial aid in establishing the junior college. On June 30, 1992, the offices of the six (6) trustees from each of the original counties in the Northwest Community College District shall stand vacated. The board of supervisors of those respective counties shall appoint two (2) members on July 1, 1992, to serve full terms of office as provided in this section. Unless he chooses not to serve as provided in subsection (2), the county superintendent of education shall be a member, and there shall be one (1) member from each supervisors district. Counties which subsequent to the establishment of the junior college joined the district shall have only two (2) trustees, one (1) of whom shall be the county superintendent of education. However, the board of trustees so constituted, by appropriate resolution, may enlarge its number to six (6) trustees from each county, in which case one (1) shall be the county superintendent of education, unless he chooses not to serve as provided in subsection (2), and there shall be one (1) chosen from each supervisors district. The board of trustees shall also be authorized within its discretion to reduce its number to two (2) trustees at large from each county, in which case one (1) shall be the county superintendent of education, unless he chooses not to serve as provided in subsection (2). In any case in which there is an equal number of trustees the board of trustees may appoint another person to membership.
  2. The county superintendent may, in his discretion, choose not to serve as a member of such board of trustees. Such decision not to serve shall be in writing and entered on the minutes of the board of trustees of the junior college district. The county board of supervisors of any county whose county superintendent of education has resigned pursuant to this paragraph shall fill the vacancy caused by such resignation. In all counties where the office of “administrative superintendent” is abolished from and after January 1, 1992, the county board of supervisors shall appoint one (1) additional member to the board of trustees of their junior college district to serve in lieu of the county superintendent’s position on such board. The provisions of this subsection shall not be applicable to any county superintendent whose school district is located within the East Mississippi Community College District and such county superintendents shall not serve on the board of trustees for that community college district.
  3. From and after March 24, 1990, the Board of Trustees of the East Mississippi Community College District shall consist of twelve (12) members. The appointing authorities shall appoint a new board of trustees as follows: Clay County shall be entitled to two (2) members, Kemper County shall be entitled to two (2) members, Lauderdale County shall be entitled to two (2) members, Lowndes County shall be entitled to two (2) members, Noxubee County shall be entitled to two (2) members and Oktibbeha County shall be entitled to two (2) members. No member of the Board of Trustees of the East Mississippi Community College District shall have served on such board prior to March 24, 1990.
  4. The Board of Trustees of the Coahoma Community College District shall consist of fourteen (14) members. The appointing authorities shall appoint the new board of trustees as follows: Coahoma County shall be entitled to six (6) members appointed in the manner provided herein, Tunica County shall be entitled to two (2) members, Quitman County shall be entitled to two (2) members, Bolivar County shall be entitled to two (2) members, and Tallahatchie County shall be entitled to two (2) members. Persons who are currently serving as members of the board of Trustees of the Mississippi Delta Community College District or Northwest Community College District shall be eligible for appointment to the board.
  5. The terms of office shall be five (5) years; however, upon the first selection of trustees in each county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year. Where the board chooses or is required by statute to reduce its number, the board shall specify the expiration dates of such terms of office in order to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year.
  6. The board of supervisors shall elect the requisite number of discreet persons of good moral character, sufficient education and experience, and of proven interest in public education, who are qualified electors of the county, as trustees of the junior college; and annually thereafter the board of supervisors in like manner shall fill vacancies. All trustees so appointed shall be listed in the minutes of the board of supervisors and their appointment shall be certified by the chancery clerk to the president of the junior college.
  7. Each junior college trustee may be paid, out of junior college funds, a per diem as authorized in Section 25-3-69, Mississippi Code of 1972, per meeting of said board and, in addition thereto, the mileage authorized under Section 25-3-41, Mississippi Code of 1972, per mile in coming to and returning from said meeting, calculated upon the customary and normally traveled route from the home of such trustee to the campus of said junior college. Such allowance of per diem and mileage shall not, however, be allowed for more than fifteen (15) meetings for any one (1) fiscal year and shall only be paid for meetings actually attended by such trustees.
  8. The provisions of this section, other than those provisions pertaining to per diem compensation and travel allowances for junior college trustees, shall not apply to any existing publicly operated junior college, lying in and operated by a county bordering on the Mississippi River, and the junior college trustees of such junior college shall be appointed and confirmed as heretofore.

HISTORY: Codes, 1942, § 6475-05; Laws, 1950, ch. 369, § 5; Laws, 1958, ch. 298; Laws, 1960, ch. 308, § 1; Laws, 1964, ch. 402, § 1; Laws, 1971, ch. 386, § 1; Laws, 1972, ch. 409, § 1; Laws, 1975, ch. 376; Laws, 1980, ch. 547; Laws, 1988, ch. 467; Laws, 1989, ch. 575, § 1; Laws, 1990, ch. 471, § 1; Laws, 1990, 1st Ex Sess, ch. 50, § 1; Laws, 1992, ch. 307, § 1; Laws, 1995, ch. 605, § 13, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Creation and composition of East Mississippi Junior College District, see §37-29-31.

General powers and duties of trustees, see §37-29-67.

Selection and terms of trustees, Mississippi Gulf Coast Junior College District, see §37-29-409.

Selection and terms of trustees, Copiah-Lincoln Junior College District, see §37-29-457.

Coahoma Community College District, see §§37-29-551 through37-29-571.

OPINIONS OF THE ATTORNEY GENERAL

Senate Bill 2520 does not require Board of Trustees of Northwest Mississippi Community College to alter adopted plan, so that present trustees’ terms would not be extended to June 30, 1992 but would expire as originally scheduled; with respect to adopted plan to reduce number of trustees, boards of supervisors would have no authority to appoint or reappoint as staggered terms expire. Troutt, May 4, 1990, A.G. Op. #90-0285.

While Section 37-29-65(4) does not contemplate making appointments a year in advance, there appears to be no limitation as to how far in advance of the expiration of a term an appointing authority may appoint one to serve the ensuing term. Griffith, August 23, 1995, A.G. Op. #95-0486.

There is no requirement that the board of supervisors of a county in which there is no county superintendent of education appoint a superintendent of a consolidated school district within the county to the board of trustees of a junior college district. McKenzie, June 4, 2004, A.G. Op. 04-0226.

Subsection (6) of this section controls appointments to a junior college board of trustees. A trustee of a community college district appointed by the county board of supervisors must be a qualified elector of the county. McKenzie, June 4, 2004, A.G. Op. 04-0226.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 9.

JUDICIAL DECISIONS

1. In general.

“One man, one vote” rule has no relevancy to selection of trustees of Mississippi public junior colleges, as such selection is appointive rather than elective. Oaks v. Board of Trustees, 385 F. Supp. 392, 1974 U.S. Dist. LEXIS 5846 (N.D. Miss. 1974).

§ 37-29-65. Selection of trustees; terms; compensation; provisions applicable to East Mississippi Junior College and Coahoma Community College Districts [Effective July 1, 2019].

  1. Except as provided in this section and in Sections 37-29-409, 37-29-457 and 37-29-505, there shall be five (5) trustees from each county of the junior college district which originally entered into and gave financial aid in establishing the junior college. On June 30, 1992, the offices of the six (6) trustees from each of the original counties in the Northwest Community College District shall stand vacated. The board of supervisors of those respective counties shall appoint two (2) members on July 1, 1992, to serve full terms of office as provided in this section. The board of supervisors of those respective counties shall appoint one (1) member who is a qualified elector from each supervisors district to serve as a member, either of which may be the county superintendent of education if he or she resides in a respective supervisors district. Counties which subsequent to the establishment of the junior college joined the district shall have only one (1) trustee. However, the board of trustees so constituted, by appropriate resolution, may enlarge its number to six (6) trustees from each county. The board of trustees shall also be authorized within its discretion to reduce its number to two (2) trustees at large from each county. In any case in which there is an equal number of trustees the board of trustees may appoint another person to membership.
  2. The county superintendent, if appointed by the county board of supervisors, may, in his discretion, choose not to serve as a member of such board of trustees. Such decision not to serve shall be in writing and entered on the minutes of the board of trustees of the junior college district. The county board of supervisors of any county whose county superintendent of education appointed under the authority of this section, declines the appointment or resigns, pursuant to this subsection (2), shall fill the vacancy caused by such resignation by appointing a member who is a qualified elector of the county at large in accordance with subsection (6) of this section.No county superintendent whose school district is located within the East Mississippi Community College District shall serve on the board of trustees for that community college district.
  3. From and after March 24, 1990, the Board of Trustees of the East Mississippi Community College District shall consist of twelve (12) members. The appointing authorities shall appoint a new board of trustees as follows: Clay County shall be entitled to two (2) members, Kemper County shall be entitled to two (2) members, Lauderdale County shall be entitled to two (2) members, Lowndes County shall be entitled to two (2) members, Noxubee County shall be entitled to two (2) members and Oktibbeha County shall be entitled to two (2) members. No member of the Board of Trustees of the East Mississippi Community College District shall have served on such board prior to March 24, 1990.
  4. The Board of Trustees of the Coahoma Community College District shall consist of nine (9) members. The appointing authorities shall appoint the new board of trustees as follows: Coahoma County shall be entitled to five (5) members appointed in the manner provided herein, Tunica County shall be entitled to one (1) member, Quitman County shall be entitled to one (1) member, Bolivar County shall be entitled to one (1) member, and Tallahatchie County shall be entitled to one (1) member. Persons who are currently serving as members of the board of Trustees of the Mississippi Delta Community College District or Northwest Community College District shall be eligible for appointment to the board.
  5. The terms of office shall be five (5) years; however, upon the first selection of trustees in each county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year. Where the board chooses or is required by statute to reduce its number, the board shall specify the expiration dates of such terms of office in order to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year.
  6. The board of supervisors shall elect the requisite number of discreet persons of good moral character, sufficient education and experience, and of proven interest in public education, who are qualified electors of the county, as trustees of the junior college; and annually thereafter the board of supervisors in like manner shall fill vacancies. All trustees so appointed shall be listed in the minutes of the board of supervisors and their appointment shall be certified by the chancery clerk to the president of the junior college.
  7. Each junior college trustee may be paid, out of junior college funds, a per diem as authorized in Section 25-3-69, Mississippi Code of 1972, per meeting of said board and, in addition thereto, the mileage authorized under Section 25-3-41, Mississippi Code of 1972, per mile in coming to and returning from said meeting, calculated upon the customary and normally traveled route from the home of such trustee to the campus of said junior college. Such allowance of per diem and mileage shall not, however, be allowed for more than fifteen (15) meetings for any one (1) fiscal year and shall only be paid for meetings actually attended by such trustees.
  8. The provisions of this section, other than those provisions pertaining to per diem compensation and travel allowances for junior college trustees, shall not apply to any existing publicly operated junior college, lying in and operated by a county bordering on the Mississippi River, and the junior college trustees of such junior college shall be appointed and confirmed as heretofore.
  9. No county superintendent of education, by virtue of his or her office, shall be automatically placed on the board of trustees for any community college district to which this section applies. The number of trustees from each county shall be reduced by one (1) member if such member is superintendent of education. However, if the county board of supervisors, in making an appointment to the community college district board of trustees, chooses to appoint the county superintendent of education at the expiration of the term of the at large member, the superintendent may serve, unless otherwise disqualified.

HISTORY: Codes, 1942, § 6475-05; Laws, 1950, ch. 369, § 5; Laws, 1958, ch. 298; Laws, 1960, ch. 308, § 1; Laws, 1964, ch. 402, § 1; Laws, 1971, ch. 386, § 1; Laws, 1972, ch. 409, § 1; Laws, 1975, ch. 376; Laws, 1980, ch. 547; Laws, 1988, ch. 467; Laws, 1989, ch. 575, § 1; Laws, 1990, ch. 471, § 1; Laws, 1990, 1st Ex Sess, ch. 50, § 1; Laws, 1992, ch. 307, § 1; Laws, 1995, ch. 605, § 13, eff from and after July 1, 1995; Laws, 2019, ch. 479, § 1, eff from and after July 1, 2019.

§ 37-29-67. General powers and duties of trustees.

  1. The duties of the board of trustees shall be the general government of the community/junior college and directive of the administration thereof. Subject to the provisions of Sections 37-29-1 through 37-29-273, the board shall have full power to do all things necessary to the successful operation of the district and the college or colleges or attendance centers located therein to insure educational advantages and opportunities to all the enrollees within the district.
  2. The board of trustees shall be authorized to designate a personnel supervisor or other person employed by the district to recommend teachers and to transmit such recommendations to the board of trustees; however, this authorization shall be restricted to no more than two (2) positions for each employment period in the district.
  3. The delineation and enumeration of the powers and purposes set out in Sections 37-29-1 through 37-29-273 shall be deemed to be supplemental and additional, and shall not be construed to restrict the powers of the board of trustees of the district or of any college located therein so as to deny to the said district and the college or colleges therein the rights, privileges and powers previously authorized by statute.
  4. The board of trustees shall have the power to enter into an energy performance contract, energy services contract, a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.
  5. The board of trustees shall be authorized, with the approval of the Mississippi Community College Board, to change the name of the junior college to community college. TheMississippi Community College Board shall establish guidelines for the implementation of any junior college name change.Any reference to junior college district in this chapter shall hereinafter refer to the junior college district or its successor in name as changed by the board of trustees.
  6. The boards of trustees shall purchase and maintain business property insurance and business personal property insurance on all college-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to such buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters.The boards of trustees are authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance.The boards of trustees are authorized to enter into agreements with the Department of Finance and Administration, local school districts, other community/junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.

HISTORY: Codes, 1942, §§ 6475-06, 6475-53, 6475-61; Laws, 1950, ch. 369, § 6; Laws, 1964, ch. 398, §§ 3, 11; Laws, 1985, ch. 493, § 4; Laws, 1987, ch. 498; Laws, 2002, ch. 532, § 2; Laws, 2004, ch. 321, § 2; Laws, 2005, ch. 528, § 2; Laws, 2005, 5th Ex Sess, ch. 24, § 5; Laws, 2006, ch. 360, § 1; Laws, 2014, ch. 397, § 19; Laws, 2014, ch. 481, § 4, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 19 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), amended this section. Section 4 of ch. 481, Laws of 2014, effective from and after July 1, 2014 (approved April 10, 2014), also amended this section. As set out above, this section reflects the language of Section 4 of ch. 481, Laws of 2014, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Laws of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Amendment Notes —

The 2002 amendment, in (1), substituted “community/junior college” for “junior college,” and added the last sentence containing a repealer for the subsection.

The 2004 amendment extended the date of the repealer for (1), located in the second paragraph of (1), from July 1, 2004 to July 1, 2006.

The 2005 amendment deleted the former second paragraph of (1); which read: “This section shall be repealed on July 1, 2006”; redesignated the former third sentence of (1) as present (2); and renumbered former (2) through (4) as present (3) through (5).

The 2005 amendment, 5th Ex Sess, ch. 24, added (6).

The 2006 amendment substituted “fifteen (15) years” for “ten (10) years” following “not to exceed” in (4).

The first 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” twice in (5).

The second 2014 amendment (ch. 481) substituted “enter into an energy performance contract, energy services contract” for “contract, on” and deleted “not to exceed fifteen (15) years” at the end of (4); and substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” twice in (5).

Cross References —

Cooperation in carrying out provisions regarding job development and training, see §7-1-365.

Public contracts for energy efficiency services, see §31-7-14.

State Board for Community and Junior Colleges, see §§37-4-1 et seq.

Board directed to study feasibility of developing and implementing a state adopted uniform contract within each community and junior college district, see §37-4-7.

Power of board of trustees of junior colleges to require physical examinations of school employees, see §37-11-17.

Selection, terms and compensation of trustees, see §37-29-65.

Preparation of budget, see §37-29-71.

Authority of board of trustees to borrow money in anticipation of taxes, see §37-29-101.

Issuance of bonds by boards of trustees of junior college districts for dormitories and other housing facilities, see §§37-29-107 et seq.

General powers and duties of trustees of the Mississippi Gulf Coast Junior College District, see §37-29-411.

General powers and duties of trustees of the Copiah-Lincoln Junior College District, see §37-29-459.

General powers and duties of trustees of the Meridian Junior College District, see §37-29-507.

OPINIONS OF THE ATTORNEY GENERAL

Mississippi has no tenure statutes; there is no authority to establish board policy granting tenure to faculty members of public community or junior college. Haraway, March 8, 1990, A.G. Op. #90-0120.

Since Mississippi Supreme Court opinion rendered sovereign immunity of junior and community college districts null and void, community and junior colleges across state now have necessary implied power and authority to purchase contracts for liability insurance. Piazza, Sept. 4, 1992, A.G. Op. #92-0715.

A community college may convey an easement over land under its jurisdiction to an individual in return for other land of equal or greater value upon such basis as the board of trustees finds acceptable. Bradley, May 3, 2002, A.G. Op. #02-0202.

The board of trustees of the Copiah-Lincoln Community College District has authority to adopt a policy governing the handling of records which are confidential under state or federal law. Henley, July 18, 2005, A.G. Op. 05-0351.

If streets are determined not to be dedicated city streets and are the property of a community college, then the provisions of Section 37-29-67 authorize the board of trustees to gate the streets for the protection and safety of students, guests, faculty and employees. Smith, Nov. 9, 2005, A.G. Op. 05-0566.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

Section 6475, Code of 1942. Mandamus petition to require board of trustees of state junior college to allow and pay account for athletic goods, which alleged that debt was contracted by board of trustees through their duly authorized agent, held demurrable, where no statute was cited nor authority given whereby board was empowered to designate agent to perform its duties. Alex Loeb, Inc., v. Board of Trustees, 171 Miss. 467, 158 So. 333, 1935 Miss. LEXIS 2 (Miss. 1935).

Mandamus requiring board of trustees of state junior college to allow and pay claim for athletic goods would not lie where it was not alleged that board of trustees failed to perform an official duty. Alex Loeb, Inc., v. Board of Trustees, 171 Miss. 467, 158 So. 333, 1935 Miss. LEXIS 2 (Miss. 1935).

§ 37-29-69. Junior college attendance centers.

Any junior college district is hereby authorized and empowered to operate junior college attendance centers at existing sites of junior college plants and facilities and at such other places within the district, subject to the approval of the Mississippi Community College Board, as the board of trustees shall determine to be in the best interest of the district.

Two (2) or more boards of trustees may cooperate in establishing, operating and maintaining attendance centers.

HISTORY: Codes, 1942, §§ 6475-53, 6475-54; Laws, 1964, ch. 398, §§ 3, 4; Laws, 1986, ch. 434, § 6; Laws, 2014, ch. 397, § 20, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the first paragraph.

Cross References —

Board to study feasibility of developing and implementing a state adopted uniform contract within each community and junior college district, see §37-4-7.

Junior college attendance centers in Mississippi Gulf Coast Junior College District, see §37-29-413.

Campuses of Copiah-Lincoln Junior College District, see §37-29-461.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-29-71. Preparation of budget.

The board of trustees shall annually prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and which shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized.

HISTORY: Codes, 1942, § 6475-53; Laws, 1964, ch. 398, § 3, eff from and after July 1, 1964.

Cross References —

General powers and duties of trustees, see §37-29-67.

Preparation of budget, Mississippi Gulf Coast Junior College District, see §37-29-415.

Preparation of budget, Copiah-Lincoln Junior College District, see §37-29-463.

Preparation of budget, Meridian Junior College District, see §37-29-511.

Preparation of budget, Coahoma Community College District, see §37-29-561.

§ 37-29-73. Board may execute oil, gas and mineral leases; terms; limits.

The board of trustees is authorized to execute oil, gas and mineral leases on any of the property owned by the board of trustees of the district, but such leases shall not extend for a term beyond five years unless oil, gas or other minerals shall be in production under said leases at the expiration of said period. The terms and conditions of said lease, within the limitations above set out, shall be for the determination and within the discretion of the board of trustees.

HISTORY: Codes, 1942, § 6475-59; Laws, § 1964, ch. 398, § 9, eff from and after July 1, 1964.

Cross References —

Oil, gas, and mineral leases of lands of schools districts, see §37-7-305.

Oil, gas, and mineral leases of lands of agricultural high schools, see §37-27-29.

Oil, gas and mineral leases, execution by trustees of Mississippi Gulf Coast Junior College District, see §37-29-417.

§ 37-29-75. Sales of surplus real and personal property.

When any land or other property owned by a junior college/community college district shall cease to be used or needed by the district, the same may be sold by the board of trustees upon sealed bids or at public auction after three (3) weeks’ advertisement in a newspaper in the county where the said property is located. Personal property having a value determined by the board of less than Five Hundred Dollars ($500.00) may be sold without such advertisement; however, in such event, notice shall be posted in at least three public places in the county where such property is situated or where it is to be sold, giving notice of the time and place of such sale, and such property shall be sold to the highest and best bidder for cash. Such notice shall be posted for ten (10) days before the sale.

HISTORY: Codes, 1942, § 6475-60; Laws, § 1964, ch. 398, § 10; Laws, 1993, ch. 556, § 4, eff from and after July 1, 1993.

Editor’s Notes —

Laws of 1987, ch. 498, § 1, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Sale of property owned by school district which is no longer needed for school purposes, see §37-7-451.

Sale of property owned by agricultural high school which is no longer needed for school purposes, see §37-27-43.

Sales of surplus real and personal property by trustees of Mississippi Gulf Coast Junior College District, see §37-29-419.

OPINIONS OF THE ATTORNEY GENERAL

This section permits boards of trustees of community college districts to sell surplus property upon such basis as it finds to be in the best interest of the district consistent with its power and corresponding duty stated in Section 37-29-67. Henley, Dec. 19, 1997, A.G. Op. #97-0717.

A community college may convey an easement over land under its jurisdiction to an individual in return for other land of equal or greater value upon such basis as the board of trustees finds acceptable. Bradley, May 3, 2002, A.G. Op. #02-0202.

§ 37-29-76. Exchange of lands.

When any junior college district in which the junior college campus is located in a county having a population in excess of two hundred thousand (200,000) according to the 1970 federal decennial census, owns lands adjacent to lands owned by any county forming a part of such district, the board of trustees of any such district and the board of supervisors of any such county may make such exchanges of land and may execute such instruments perfecting the title of the county and that of the district as they, by appropriate resolutions, may find proper, all without the necessity of advertisement for or receiving bids.

HISTORY: Codes, 1942, § 6475-60; Laws, 1972, ch. 413, § 1, eff from and after passage (approved April 27, 1972).

Editor’s Notes —

Laws of 1987, ch. 498, § 1, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

§ 37-29-77. Lease of school buildings, equipment and lands.

The board of trustees of any junior college is hereby authorized to lease the buildings and equipment thereof to any responsible individual for the purpose of carrying on a private school when there are no funds available for running said institution, and to lease the lands of said institution to some responsible person for agricultural purposes. Said leases shall not extend for any greater length of time than a period of three years from date of granting said lease.

HISTORY: Codes, 1942, § 6484; Laws, 1932, ch. 106.

Cross References —

Similar provisions authorizing leases of property of agricultural high schools, see §37-27-31.

§ 37-29-79. Transportation of pupils; no additional allocation; promulgation of rules.

Any junior college district is charged with the responsibility for providing preprofessional courses, liberal arts, technical, vocational, and adult education courses and shall undertake to provide the same as conveniently as is possible to the residents of the district, and to this end, the board of trustees is authorized and empowered to transport such enrollees as, in its discretion, should be transported in the best interest of the district. However, no additional allocation of any appropriation shall be made for such transportation. The board of trustees shall promulgate uniform rules to prevent discrimination in all matters of transportation.

HISTORY: Codes, 1942, §§ 6475-15, 6475-56; Laws, 1950, ch. 369, § 15; Laws, 1964, ch. 398, § 6, eff from and after July 1, 1964.

Cross References —

Transportation of high school pupils attending agricultural high schools or junior colleges, see §37-27-53.

Transportation of pupils in Mississippi Gulf Coast Junior College District, see §37-29-421.

Transportation of pupils in Copiah-Lincoln Junior College District, see §37-29-467.

Transportation of school children generally, see §§37-41-1 et seq.

§ 37-29-81. Fees and tuition.

The district, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.

HISTORY: Codes, 1942, § 6475-58; Laws, 1964, ch. 398, § 8; Laws, 2003, ch. 364, § 2, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment added “in accordance with Section 37-103-25.”

Cross References —

Fees and tuition of Mississippi Gulf Coast Junior College District, see §37-29-423.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18 et seq.

§ 37-29-83. Repealed.

Repealed by Laws 1990, ch. 518, § 17, eff from and after October 1, 1993.

[Laws, 1973, ch. 477, § 1; Repealed, Laws, 1984, ch. 495, § 36, and Laws, 1984, 1st Ex Sess, ch. 8, § 3; Reenacted and amended, Laws, 1985, ch. 474, § 42; Laws, 1986, ch. 438, § 15; Laws, 1987, ch. 483, § 20; Laws, 1988, ch. 442, § 17; Laws, 1989, ch. 537, § 16; Laws, 1990, ch. 518, § 17; Laws, 1991, ch. 618, § 16; Laws, 1992, ch. 491 § 17]

Editor’s Notes —

Former §37-29-83 was entitled: Liability insurance on vehicles; lawsuits.

§ 37-29-85. Liability insurance to cover official actions of board members.

The board of trustees of any public junior college district is hereby authorized to purchase liability insurance to cover the official actions of its board members and the official actions of employees of such public junior college district. Such coverage shall be in an amount judged by the board to be adequate. The costs of such insurance shall be paid out of the public junior college district’s general maintenance fund.

HISTORY: Laws, 1981, ch. 510, § 1; Laws, 1982, ch. 459; Laws, 1985, ch. 474, § 48; Laws, 1986, ch. 438, § 16; Laws, 1987, ch. 483, § 21; Laws, 1988, ch. 442, § 18; Laws, 1989, ch. 537, § 17; Laws, 1990, ch. 518, § 18; Laws, 1991, ch. 618, § 17; Laws, 1992, ch. 491, § 18, eff from and after passage (approved May 12, 1992).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

Law Reviews.

1981 Mississippi Supreme Court Review: Insurance. 52 Miss. L. J. 445, June 1982.

1982 Mississippi Supreme Court Review: Torts. 53 Miss. L. J. 167, March 1983.

§ 37-29-87. Conveyance of land to counties within junior college districts.

The board of trustees of any public junior college district is hereby authorized, in its sole discretion, to convey real property and improvements thereon to any county within the junior college district without the necessity of advertising for and receiving bids and without receiving compensation therefor, provided the following requirements are met:

Where the county received title to the property and conveyed said property to the board of trustees of the junior college district, or where the board of trustees of such district received title to the property from any source and the purchase price therefor was paid by the county, for the purpose of operating an attendance center; and

Where the board of trustees of the junior college district has not received approvals from necessary state agencies or authorities to use said land for the operation of an attendance center; and

Where said board of trustees has adopted a resolution that such land and improvements are not needed for junior college purposes and expressing the desire to convey such land and improvements back to the county.

HISTORY: Laws, 1988, ch. 303, § 1, eff from and after passage (approved February 24, 1988).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Borrowing of Money; Issuance of Bonds

§ 37-29-101. Borrowing in anticipation of taxes; authorization to borrow funds from federal government to compensate for loss of revenue as result of Hurricane Katrina.

  1. In addition to other authority granted by Sections 37-29-1 through 37-29-273 or existing laws, the board of trustees may borrow money in anticipation of taxes, not to exceed fifty percent (50%) of the previous year’s ad valorem tax receipts, for the purpose of paying any expenses authorized by law for the operation, maintenance and support of the college. The loan shall be evidenced by note or notes bearing the signatures of the chairman of the board and of the secretary of the board of trustees, and the seal of the college shall be thereon impressed. The notes shall mature not later than the thirtieth day of June next thereafter, and the notes shall not bear interest in excess of that allowed in Section 75-17-105, Mississippi Code of 1972.
  2. The board of trustees may borrow funds from the United States federal government or any agency thereof to compensate for the loss of revenue collected or estimated to be collected on behalf of the community or junior college district from local sources during a fiscal year as a result of Hurricane Katrina, may issue its promissory note to the United States federal government or any agency thereof, and may comply with and issue the regulations of the United States federal government or agency thereof regarding the promissory note. However, this section does not authorize any levy of taxes or pledge of collateral for the security of a promissory note not otherwise allowed by law. The State of Mississippi may sign any promissory note as an equal co-obligor on any such note, and in the event the State of Mississippi signs the promissory note as a co-obligor, the full faith and credit of the State of Mississippi shall be pledged for the payment of the promissory note.

HISTORY: Codes, 1942, § 6475-57; Laws, 1964, ch. 398, § 7; Laws, 1968, ch. 406, § 1; Laws, 1981, ch. 462, § 6; Laws, 1982, ch. 434, § 11; Laws, 1983, ch. 541, § 16; Laws, 2006, ch. 308, § 3, eff from and after passage (approved Feb. 20, 2006.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a paragraph designation error in the first paragraph adding “(1)” preceding “In addition to other authority granted by Sections 37-29-1 through 37-29-273 or existing laws.” The Joint Committee ratified the correction at its May 31, 2006 meeting.

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Laws of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Amendment Notes —

The 2006 amendment, in the last sentence of the first paragraph, substituted “notes” for “same” preceding “shall not bear interest” and made a minor stylistic change; and added (2).

Cross References —

Uniform system for issuance of negotiable notes or certificates of indebtedness, see §17-21-51.

Borrowing in anticipation of taxes by trustees of Mississippi Gulf Coast Junior College District, see §37-29-425.

Borrowing in anticipation of taxes by trustees of Copiah-Lincoln Junior College District, see §37-29-469.

Rate of interest which notes treated in this section must bear, see §75-17-105.

§ 37-29-103. Long-term borrowing; procedure.

Any board of trustees may, in its discretion, by the concurrence of two-thirds (2/3) of its authorized members present and voting and for good cause shown therefor, to be spread upon its minutes by way of its resolution or order, which shall contain a proposal as to the revenues from which it is anticipated the loans herein authorized are to be repaid, authorize the junior college district to borrow money from time to time for periods not to exceed twenty-five (25) years under such terms and conditions as the board deems necessary and requisite and upon its issuing its promissory note or notes or other negotiable instruments. Such loans may be repaid from the general fund of the district, whether the same shall have been derived from ad valorem tax receipts or otherwise and may be further secured by a pledge of the avails of the levies, whether for support, enlargement, improvement or repairs, authorized by Section 37-29-141, Mississippi Code of 1972; and the tax receipts used to repay such loans from any levies so pledged shall be excluded from the ten percent (10%) growth limitation on ad valorem taxes imposed in Sections 27-39-320, 27-39-321 and 37-57-107, Mississippi Code of 1972. Such note or notes or other negotiable instruments shall be executed by the manual or facsimile signature of the chairman of the board of trustees and countersigned by the manual or facsimile signature of the secretary thereof, with the seal of the district affixed thereto. At least one (1) signature on each such note shall be a manual signature, as specified in the issuing resolution. The coupons, if any, may bear only facsimile signatures. Any notes or other evidences of indebtedness issued pursuant to this section shall be sold pursuant to the provisions of Section 31-19-25, Mississippi Code of 1972, and shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 6475-62; Laws, 1964, ch. 398, § 12; Laws, 1966, ch. 416, § 1; Laws, 1968, ch. 406, § 2; Laws, 1970, ch. 378, § 1; Laws, 1975, ch. 428; Laws, 1976, ch. 411; Laws, 1981, ch. 460, § 1; Laws, 1982, ch. 434, § 12; Laws, 1983, ch. 541, § 17; Laws, 1988, ch. 316, eff from and after passage (approved April 11, 1988); Laws, 2018, ch. 365, § 1, eff from and after July 1, 2018.

Editor’s Notes —

The 2018 amendment substituted “twenty-five (25) years” for “fifteen (15) years” in the first sentence.

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Uniform system for issuance of negotiable notes or certificates of indebtedness, see §17-21-51.

Limitation on maximum interest rate to maturity on obligations issued pursuant to this section, see §75-17-101.

§ 37-29-105. Utilization of available funds for commencement of projects for which bonds have been authorized.

In the event that bonds shall have been authorized for projects determined by the board of trustees and such bonds validated, the board of trustees is authorized to utilize any available funds for the immediate commencement of such project and to reimburse the funds from which any such expenditures are made from the proceeds of the bonds when the same are received.

HISTORY: Codes, 1942, § 6475-57; Laws, 1964, ch. 398, § 7; Laws, 1968, ch. 406, § 1, eff from and after passage (approved June 24, 1968).

Cross References —

Utilization, by trustees of Mississippi Gulf Coast Junior College District, of available funds for commencement of projects for which bonds have been authorized, see §37-29-427.

§ 37-29-107. Issuance of bonds for dormitories and other housing facilities.

Subject to the approval of the Mississippi Community College Board, the boards of trustees of junior college districts are hereby authorized and empowered to contract with and borrow money from the United States of America, or any department, instrumentality, agency or agencies thereof, as may be designated or created to make loans or grants, or from private lenders, for the purpose of acquiring land for, and erecting, repairing, remodeling, maintaining, adding to, extending, improving, equipping or acquiring dormitories with or without dining facilities, dwellings or apartments to be located at or near the campuses of such junior colleges, for the use of students, faculty members or officers or employees thereof. The said boards are hereby authorized to supervise the contracting for and the construction and equipping of all facilities constructed and financed hereunder.

HISTORY: Codes, 1942, § 6477-01; Laws, 1962, ch. 353, § 1; Laws, 1986, ch. 434, § 7; Laws, 2014, ch. 397, § 21, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” near the beginning of the first sentence.

Cross References —

Issuance of bonds as evidence of indebtedness authorized by this section, see §37-29-109.

Issuance of bonds by trustees of Mississippi Gulf Coast Junior College District, see §37-29-429.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-29-109. Resolution authorizing issuance of bonds; bond provisions; sale.

The loans authorized by Section 37-29-107 and Sections 37-29-401 through 37-29-437, shall be evidenced by bonds, which shall be authorized by resolution of the boards of trustees. Each such resolution shall describe the land to be acquired, if any, and the said dormitories, dwellings or apartments to be erected, repaired, remodeled, maintained, added to, extended, improved, equipped, or acquired, together with the equipment therefor. A majority vote of all of the members of such boards, respectively, shall be necessary to the adoption of any such resolution. All votes cast on such resolutions shall be by yea and nay vote, duly recorded on the minutes of the proceedings of such boards, respectively.

Such bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding twenty-five (25) years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually, may be in such forms, either coupon or registered, may carry such registration privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, and may be subject to such terms of redemption, with or without premium, all as such resolution or other resolutions may provide.

All such bonds shall be sold at public sale pursuant to such notice as such boards shall prescribe by resolution. All such bonds shall be fully negotiable within the meaning and for the purposes of the Uniform Commercial Code. Incidental costs in connection with the issuance of said bonds, the printing thereof, costs of validation proceedings if required by bond resolution, including attorney’s fees and other costs directly attributable to the issuance of said bonds, either in one or more series or at one (1) time or various times, may be paid out of the proceeds of the sale of said bonds. In agreements or commitments by or between the boards of trustees and private lenders and/or the U. S. Department of Housing and Urban Development or its successor to make loans or grants in which bonds are to be issued under the provisions of this section, and in which part or all of the principal and/or interest on said bonds is to be paid or guaranteed by the U. S. Department of Housing and Urban Development or its successor, said bonds shall mature at such time or times, not to exceed (40) years, as shall be prescribed in the resolution of the board of trustees authorizing their issuance and shall bear a net interest rate not in excess of that allowed in Section 75-17-101, Mississippi Code of 1972.

Notwithstanding any other provision of law, in any resolution authorizing the issuance of bonds hereunder, including refunding bonds, the boards of trustees, may provide for the initial issuance of one or more bonds (hereinafter sometimes collectively called “bond”), may make such provision for installment payments of the principal amount of any such bond as they may consider desirable, and may provide for the making of any such bond registerable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. Such boards may further make provision in any such resolution for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registerable as to principal or as to principal and interest.

HISTORY: Codes, 1942, §§ 6477-02, 6477-03; Laws, 1962, ch. 353, §§ 2, 3; Laws, 1969, Ex Sess, ch. 28, § 1; Laws, 1981, ch. 462, § 7; Laws, 1981, 1st Ex Sess, ch. 10; Laws, 1982, ch. 434, § 13; Laws, 1983, ch. 541, § 18, eff from and after passage (approved April 25, 1983).

Cross References —

Validation of bond issues, see §§31-13-1 through31-13-11.

Refunding of bonds issued under this section, see §37-29-113.

Securing payment of bonds issued under this section, see §37-29-115.

Commercial paper under Uniform Commercial Code, see §§75-3-101 et seq.

Limit on maximum interest rate to maturity on obligations issued under provisions of this section, see §75-17-101.

§ 37-29-111. When bonds may be refunded.

Bonds issued under the provisions of Section 37-29-109, may be refunded, in whole or in part, in any of the following circumstances, to wit:

When any such bonds by their terms become due and payable and there are not sufficient sums in the fund established for their payment to pay such bonds and the interest thereon;

When any such bonds are by their terms callable for payment and redemption in advance of their date of maturity and shall have been duly called for payment and redemption;

When any such bonds are voluntarily surrendered by the holder or holders thereof in exchange for refunding bonds; and

When, in connection with the issuance of any additional bonds under the provisions of Section 37-29-109 for the purpose of financing any additional construction authorized under the provisions of Section 37-29-107, any such board shall determine to combine such new issue of bonds with any issue or issues of bonds of the same board then outstanding, for the purpose of unifying such indebtedness and utilizing the income and revenues derived from all projects or facilities operated by such board to the payment of such indebtedness, and such board shall determine that such outstanding bonds are by their terms then callable for redemption or are obtainable by and through the voluntary surrender thereof by the holder or holders thereof.

HISTORY: Codes, 1942, § 6477-04; Laws, 1962, ch. 353, § 4, eff from and after passage (approved May 21, 1962).

§ 37-29-113. Refunding bonds.

For the purpose of refunding any bonds issued under the provisions of Section 37-29-109, including refunding bonds, any board of trustees may make and issue refunding bonds in such amount as may be necessary to pay off and redeem the bonds to be refunded together with unpaid and past due interest thereon and any premium which may be due under the terms of such outstanding bonds, together also with the cost of issuing such refunding bonds. Said board may sell the same in like manner as provided for the initial issuance of bonds. With the proceeds of any such refunding bonds such board shall pay off, redeem and cancel such old bonds and interest coupons as may have matured, or such bonds as may have been called for payment and redemption together with the past due interest and premium, if any, due thereon; such bonds may be issued and delivered in exchange for a like par value amount of bonds to refund which the refunding bonds were issued. No refunding bonds issued hereunder shall be payable in more than twenty-five (25) years from the date thereof, nor shall any such refunding bonds bear interest at a rate in excess of that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually. All such refunding bonds shall be payable from the same source or sources as were pledged to the payment of the bonds refunded thereby and, in the discretion of such board of trustees, may be payable from any other source or sources which may be pledged to the payment of revenue bonds issued hereunder. Bonds of two (2) or more outstanding issues of the same board may be refunded in a single issue of refunding bonds.

HISTORY: Codes, 1942, § 6477-05; Laws, 1962, ch. 353, § 5; Laws, 1981, ch. 462, § 8; Laws, 1982, ch. 434, § 14; Laws, 1983, ch. 541, § 19, eff from and after passage (approved April 25, 1983).

Cross References —

Limit on maximum interest rate to maturity on obligations issued under provisions of this section, see §75-17-101.

§ 37-29-115. Securing payment of bonds.

The boards of trustees, in the issuance of bonds under the provisions of Section 37-29-109, in order to secure the payment of such bonds and the interest thereon, shall have power by resolution:

To fix and maintain (1) fees, rentals and other charges to be paid by students, faculty members, or officers or employees using or being served by any dormitories, dwellings or apartments erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107; (2) fees, rentals and other charges to be paid by students, faculty members, or officers or employees using or being served by any other dormitories, dwellings or apartments or other projects or facilities at any junior college for which bonds are issued under the provisions of Section 37-29-109, which fees, rentals and other charges shall be the same as those applicable to the dormitories, dwellings or apartments referred to under (1) above; in fixing such fees, rentals and other charges, there may be allowed reasonable differentials based on the condition, type, location and relative convenience of the dormitories, dwellings or apartments or other projects or facilities in question, but such differentials shall be uniform as to all students, faculty members, officers or employees similarly accommodated;

To provide that bonds issued under the provisions of Section 37-29-109 shall be secured by a first lien on, and shall be payable from, all or any part of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members, officers or employees using or being served by any dormitories, dwellings or apartments, or other projects or facilities operated at such junior colleges, respectively, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107 or any other law, or otherwise, and not then currently pledged;

To pledge and assign to or in trust for the benefit of the holder or holders of any bond or bonds, coupon or coupons issued under the provisions of Section 37-29-109, an amount of the income and revenues derived from such fees, rentals and other charges to be paid by students, faculty members, officers or employees, using or being served by any dormitories, dwellings or apartments, or other projects or facilities operated at such junior colleges, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of Section 37-29-107 or any other law, or otherwise, and not then currently pledged, which rentals, fees and charges imposed and pledged shall be sufficient to pay when due the bonds issued under the provisions of Section 37-29-109 and interest thereon, to create and maintain a reasonable reserve therefor, and to operate and maintain the project constructed under the terms of Section 37-29-107, including insurance thereon, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

To covenant with or for the benefit of the holder or holders of any bond or bonds, coupon or coupons issued under the provisions of Section 37-29-109 to erect, repair, remodel, maintain, add to, extend, improve or acquire any dormitories, dwellings or apartments, and, so long as any such bonds or coupons shall remain outstanding and unpaid, to fix, maintain and collect fees, rentals or other charges from students, faculty members, officers or employees using or being served by any such facilities erected, repaired, remodeled, maintained, added to, extended, improved, or acquired under the authority of Section 37-29-107 or any other law, or otherwise, which fees, rentals or other charges shall be sufficient to pay when due any bond or bonds, coupon or coupons, issued under the provisions of Section 37-29-109, and create and maintain a reasonable reserve therefor, and to pay the cost of operation and maintenance of such facilities, including insurance thereon, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

To make and enforce and to agree to make and enforce parietal rules that shall insure the use of any such dormitory, dwelling or apartment, by students, faculty members, officers or employees of such junior college to the maximum extent to which such facilities are capable of serving same, so long as such rules are not in conflict with existing covenants;

To covenant that as long as any bonds or coupons issued under the provisions of section 37-29-109 shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined by the resolution issuing such bonds, (1) voluntarily create, or cause to be created, any debt, lien, pledge, assignment, encumbrance, or other charge having priority to or being on a parity with the lien of the bonds so issued upon any of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members, officers or employees using or being served by any dormitories, dwellings or apartments operated at any such junior college and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under the authority of section 37-29-107 or any other law, or otherwise, or (2) convey or otherwise alienate any such dormitories, dwellings or apartments, or the real estate upon which the same shall be located, except at a price sufficient to pay all the bonds then outstanding and interest thereon payable from the revenues of such facilities, and then only in accordance with any agreements with the holder or holders of such bonds, or (3) mortgage or otherwise voluntarily create, or cause to be created, any encumbrance on any such dormitory, dwelling or apartment, or the real estate upon which it shall be located;

To covenant as to the proceedings by which the terms of any contract with a holder or holders of such bonds may be amended or rescinded, the amount or percentage of bonds the holder or holders of which must consent thereto, and the manner in which such consent may be given;

To vest in the holder or holders of any specified amount of percentage of bonds the right to apply to any court of competent jurisdiction for and to have granted the appointment of a receiver or receivers of the income and revenues pledged to or for the benefit of the holder or holders of any such bonds, which receiver or receivers may have and be granted such powers and duties as are usually granted under the laws of the State of Mississippi to a receiver or receivers appointed in connection with the foreclosure of a mortgage made by a private corporation.

HISTORY: Codes, 1942, § 6477-06; Laws, 1962, ch. 353, § 6, eff from and after passage (approved May 21, 1962).

§ 37-29-117. Actions or proceedings by bondholders.

The holder of any bond or any interest coupon issued under the provisions of Sections 37-29-107 through 37-29-115 may, by suit, action, mandamus or other proceedings at law or in equity, enforce and compel performance by the appropriate official or officials of the said boards of trustees of any or all acts and duties to be performed by such boards or such officials under the provisions of said sections and under the resolution authorizing the issuance of such bond or interest coupon. If there be any default in the payment of the interest on and principal of any of such bonds, any court having jurisdiction in the proper action may, upon petition of the holder of any such bonds, appoint a receiver to administer and operate the facilities, the revenues of which were pledged to the payment of such bonds, with power to fix and collect fees, rentals and other charges sufficient to provide for the payment of all bonds outstanding, to the payment of which the revenues of such facilities were pledged and to pay the expenses of operating and maintaining such facilities and to apply the revenues thereof in conformity with the provisions of said sections and of the resolution authorizing the issuance of such bonds.

HISTORY: Codes, 1942, § 6477-07; Laws, 1962, ch. 353, § 7, eff from and after passage (approved May 21, 1962).

§ 37-29-119. Full faith and credit of state not pledged to payment of bonds.

It shall be understood that the full faith and credit of the State of Mississippi is not pledged to the payment of such bonds as are issued under the provisions of Sections 37-29-107 through 37-29-115, and that such bonds are payable solely from the sources provided by law.

HISTORY: Codes, 1942, § 6477-01; Laws, 1962, ch. 353, § 1, eff from and after its passage (approved May 21, 1962).

§ 37-29-121. Junior college district may borrow not to exceed $50,000 for housing facilities.

Any junior college district, supported in whole or in part by tax levies of one or more counties, may borrow not exceeding Fifty Thousand Dollars ($50,000.00), for the purpose of receiving, transporting, erecting on the ground of said institution, and equipping and furnishing any prefabricated houses, or other materials, or appliances, fixtures, machines, furnishings or equipment, obtained by grant or otherwise from the United States of America or any department or agency thereof, or from any other source, where the same may be acquired for the use of the institution, any student personnel, or faculty members.

HISTORY: Codes, 1942, § 6466-01; Laws, 1946, ch. 366, § 1.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provisions authorizing borrowing by agricultural high schools, see §37-27-69.

Borrowing by board of trustees of state institutions of higher learning, see §§37-101-91 et seq.

§ 37-29-123. Declaration of intention to borrow; issuance of notes; repayment.

In any such case the board of trustees of such junior college district by resolution or order, shall declare its intention to borrow any sum not in excess of the limitation fixed in Section 37-29-121, and shall recite in said resolution or order with reasonable particulars the purpose for which said funds are to be borrowed, and shall fix a schedule of amounts and dates of maturities by which such loans shall be repaid. Such resolution or order shall be duly recorded in the permanent minutes of the board of trustees of such institution. All such loans shall be fully repaid within six years, and they shall be evidenced by notes signed by the president and secretary of the board of trustees, which shall bear appropriate reference to the resolution or order of the board of trustees authorizing such loan. Such loan shall be retired in installments of not less than one-fifth the amount thereof on the first day of April of the year next succeeding the date of such loan and an equal amount on the same date of each and every year thereafter until said loan is paid.

Notes issued in evidence of such loans shall bear interest at a rate of not to exceed four percent (4%) per annum, all interest payable semi-annually, and no such note shall be sold or negotiated by said institution for less than par and accrued interest. Funds received by such institution from the sale or negotiation of any such notes shall be paid into the treasury of the institution and disbursed as other funds thereof are disbursed, but for no other purpose than that authorized by Section 37-29-121.

Such notes shall be lithographed, or engraved, and printed in two or more colors to prevent counterfeiting. Such notes shall bear the signature of the junior college issuing the same, by the president and secretary of the board of trustees thereof. They shall be impressed with the seal of such institution. Interest coupons attached may bear the facsimile signatures of the aforesaid officers of the board of trustees. Before negotiation or sale and delivery thereof, said notes shall be registered in a book kept in the business office of such institution.

All indebtedness so created shall be paid from first funds derived from tax levies for maintenance and operation of said school coming into the treasury thereof and from fees, rentals and other charges as provided in Section 37-29-125. In order to secure the prompt payment of any and all indebtedness, whether of principal or interest incurred hereunder, a special fund shall be established in the depository of the funds of said institution, the style of which shall be, “debt retirement fund of_______________junior college district,” and immediately upon receipt of the distribution of said first funds derived from such tax levies, annually hereafter in advance of the due date of each and every installment of said indebtedness, a sufficient sum from said taxes shall be paid into said special fund for the retirement of all principal and interest coming due within said year equal to the difference, if any, between such principal and interest and the amount collected from fees, rentals and other charges, as provided in Section 37-29-125. Said debt retirement fund shall be used for no other purpose than for the payment of principal and interest of indebtedness incurred hereunder.

HISTORY: Codes, 1942, § 6466-02; Laws, 1946, ch. 366, § 2.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

§ 37-29-125. Board of trustees to fix and collect fees, rents and charges; disposition of monies.

The board of trustees of any such junior college district borrowing money pursuant to the authority granted in Section 37-29-121, is hereby authorized and empowered to fix, maintain and collect fees, rentals and other charges to be paid by students, faculty members and others using, housed in or being served by any building or other housing facility erected or established under the terms and provisions of said section. All such fees, rentals and other charges shall likewise be paid into the debt retirement fund specified in Section 37-29-123, and shall be pledged for the prompt repayment of any and all indebtedness, whether of principal or interest, incurred under the provisions of said section. Nothing in Sections 37-29-121 through 37-29-127 shall be construed to authorize the levying or imposition of any taxes in excess of the limits and amounts which are now or may hereafter be provided by law.

HISTORY: Codes, 1942, § 6466-03; Laws, 1946, ch. 366, § 3.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

§ 37-29-127. Foregoing sections as cumulative.

Sections 37-29-121 through 37-29-125 shall be construed as cumulative and no restriction, limitation or prohibition of the general laws shall operate to curtail the authority or prescribe the procedure by which the purposes of said sections shall be effected.

HISTORY: Codes, 1942, § 6466-04; Laws, 1946, ch. 366, § 4.

Authority to Enter into Lease Agreements

§ 37-29-131. Lease limitation; machinery, equipment, furnishings, and fixtures.

The board of trustees of any community or junior college is hereby authorized and empowered to enter into lease agreements or service contracts with any governmental agency or political subdivision, corporation, partnership, joint venture, or individual under which the college may acquire by lease, lease-purchase or service contract for a primary term not to exceed thirty-five (35) years lands, buildings and related facilities which the board may determine necessary to provide additional facilities, services or educational opportunities to the college, its students, faculty and the community.

Any machinery, furnishings, fixtures and equipment for these facilities and use by the college may be acquired by lease or lease purchase provided that the primary term of such lease shall not exceed the estimated useful economic life of such machinery or equipment.

HISTORY: Laws, 1990, ch. 432, § 1; Laws, 2010, ch. 511, § 25, eff from and after passage (approved Apr. 13, 2010.).

Amendment Notes —

The 2010 amendment substituted “not to exceed thirty-five (35) years lands” for “not to exceed twenty (20) years lands” in the first paragraph.

§ 37-29-133. Option to purchase; fair market value.

All such leases shall contain an option granting the board the right to purchase the leased property upon the expiration of the primary term or upon such earlier date as may be agreed upon. With respect to leased machinery, furniture, fixtures and equipment, the purchase price shall be specified in the lease contract separately and distinctly from that portion of lease payments attributable to interest. With respect to other property, the purchase price, excluding payments attributable to interest, shall not exceed the appraised fair market value of the leased property at the time the college takes possession of the property for occupancy.

HISTORY: Laws, 1990, ch. 432, § 2, eff from and after passage (approved March 15, 1990).

§ 37-29-135. Authority to lease for purposes of construction, repair, or rehabilitation of buildings or facilities.

The board of trustees is authorized to lease land and/or buildings owned by the college to any governmental agency, political subdivision, corporation, partnership, joint venture, or individual for the purpose of enabling such persons to construct thereon or repair, renovate and rehabilitate any buildings or facilities the board may determine as necessary and beneficial for additional facilities, services or educational opportunities to the college, students, faculty or the community, and to lease such building and facilities to the college.

HISTORY: Laws, 1990, ch. 432, § 3, eff from and after passage (approved March 15, 1990).

§ 37-29-137. Lessee’s obligation to pay amounts due or perform covenants limited to current and specific appropriations.

Subject to the provisions of Sections 37-29-131 through 37-29-139, any lease agreement shall be binding on the board of trustees of the college and any party thereto in accordance with its terms; provided, however, that any such lease shall include a provision that the lessee’s obligation to pay any amounts due or perform any covenants requiring or resulting in the expenditure of money shall be contingent and expressly limited to the extent of any covenants requiring or resulting in the expenditure of money shall be contingent and expressly limited to the extent of any appropriation made to fund such lease agreement and that nothing contained in the lease agreement shall be construed as creating any monetary obligations on the part of the lessee beyond such current and specific support appropriations. Rentals payable by the community or junior college under leases pursuant to Sections 37-29-131 through 37-29-139, shall be payable from any revenue available for the support and enlargement, improvement, and repair of the college.

HISTORY: Laws, 1990, ch. 432, § 4, eff from and after passage (approved March 15, 1990).

§ 37-29-139. Sections 37-29-131 through 37-29-139 full and complete authority for authorization, execution, and delivery of leases.

Sections 37-29-131 through 37-29-139, without reference to any other statute shall be deemed to be full and complete authority for the authorization, execution and delivery of lease agreements authorized hereunder and shall be construed as an additional and alternative method; and none of the present restrictions, requirements, conditions and limitations of law applicable to acquisition, construction and drawing of buildings or facilities shall apply to lease agreements under Sections 37-29-131 through 37-29-139, and no proceeding shall be required for the authorization, execution and delivery of such leases other than those required herein, and all powers necessary to be exercised in order to carry out the provisions of Sections 37-29-131 through 37-29-139, are hereby conferred.

HISTORY: Laws, 1990, ch. 432, § 5, eff from and after passage (approved March 15, 1990).

Taxation

§ 37-29-141. Determination of tax rate; tuition may be fixed in lieu of taxation.

  1. The board of trustees of any junior college district is expressly authorized and empowered to make a thorough study and evaluation of the costs of operation of the junior college district, and said board shall recommend a fair and acceptable tax rate for district general support and maintenance from each of the member counties.

    The board of trustees of any junior college district as constituted as of July 1, 1964, shall have the authority to recommend the tax levy necessary for a newly contributing county to have representation on the board of trustees of said junior college.

    From and after October 1, 1989, no county shall levy less than (a) one (1) mill for the support, and (b) one (1) mill for the enlargement, improvement and repair of the junior college within the district of which the county is a member. From and after October 1, 1990, the board of trustees of any junior college district may, by a sixty percent (60%) affirmative vote of the members of such board, recommend an additional one (1) mill which may be used for the support or for the enlargement, improvement and repair of the junior college within the district of which the county is a member. If a county is levying more than the minimum levy required herein for one category but less than the minimum levy required for the other, then the excess millage under the one may be applied towards making up the deficiency which exists in the other. If a county contributes to two (2) junior college districts, the combined levy for both districts shall not be less than the minimums required herein.

    Any county having any school district located therein with a current operating deficit of Two Hundred Thousand Dollars ($200,000.00) or more on July 1, 1989, shall not be required to levy the minimum millage required under this subsection (1) until such time as the said operating deficit is eliminated, or for a period of three (3) fiscal years, whichever is less. Provided, however, that no such county shall levy a smaller tax millage for capital improvements and general support of a junior college district than was levied for the previous year.

    No county shall levy a smaller tax millage for capital improvements and general support of a junior college district than was levied for the previous year, unless requested to make such reduction by the board of trustees of the district. When a county has a general reassessment of property to increase the county ad valorem tax assessments, such county may reduce the millage for general support and capital improvements, provided that its aggregate budget for junior college purposes is not lower than was paid the previous year.

    In lieu of taxation, the board of trustees may fix the amount of enrollee tuition in an amount commensurate with the per capita cost of operating the district.

  2. Taxes for the support, enlargement, improvement and repairs of junior colleges shall be levied annually against all of the property of each county and of each municipal separate school district, including added territory, which has established or may hereafter establish, or which has joined or may hereafter join, in the establishment or support of a junior college. In no case shall such levy exceed three (3) mills for support and three (3) mills for enlargement, improvement and repairs for each junior college within the district of which the county or municipal separate school district may be a component.
  3. The levy for support for any year in any given county or separate school district is that presently prevailing therein unless a change is recommended to the tax levying authorities by the board of trustees or by a vote of the people ascertained in an election called for that purpose by the tax levying authorities subsequent to the petition therefor signed by twenty percent (20%) of the qualified electors.
  4. Notwithstanding any provision of this section to the contrary, the minimum millage required under subsection (1) shall not be levied by the board of supervisors of any county within a junior college district until the board of trustees of the district adopts annually, an order, by a sixty percent (60%) affirmative vote of the members of the board, that such minimum millage shall be levied by each county within the district.

HISTORY: Codes, 1942, §§ 6475-11, 6475-67; Laws, 1950, ch. 369, § 11; Laws, 1964, ch. 398, § 17; Laws, 1981, ch. 351, § 1; Laws, 1989, ch. 584, § 1; Laws, 1994, ch. 496, § 1, eff from and after October 1, 1994.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Homestead exemptions, see §27-33-3.

Applicability of this section to long term borrowing, see §37-29-103.

Use by municipality or county of tax levy authorized by subsection (2) of this section for enlargement and improvements to pay down payment or yearly installment on land or buildings purchased for junior college, see §37-29-267.

Levy of taxes, Mississippi Gulf Coast Junior College District, see §37-29-437.

Levy of taxes, Copiah-Lincoln Junior College District, see §37-29-469.

Levy of taxes, Meridian Junior College District, see §37-29-513.

Levy of taxes, Coahoma Community College District, see §37-29-567.

OPINIONS OF THE ATTORNEY GENERAL

Although there would be substantial increase in tax funds from levy available in 1994 due to tax exemption expiration, there was no express authority for board of supervisors to earmark surplus funds for express benefit of one particular campus of community college; funds must go into county depository and be paid out in manner prescribed by order of board of trustees of community college, pursuant to Section 37-29-143(2). Mullins, Feb. 16, 1994, A.G. Op. #93-0884.

An industry exempt under Miss. Code Section 27-31-101 is not exempt from paying the one mill ad valorem tax under Miss. Code Section 27-39-329 and is not exempt from a tax levy for junior college support under Miss. Code Section 37-29-141. Jones, Aug. 15, 1997, A.G. Op. #97-0418.

A tax levy for the support of a junior college as mandated by Section 37-29-141 is not exempted pursuant to Section 27-31-101. Burrow, Jr., Nov. 9, 2001, A.G. Op. #01-0664.

Even though it will result in a substantial increase in tax funds, the millage may not be reduced below that levied for the previous year unless the board of trustees of the community college makes a request for such a reduction. Carroll, Oct. 25, 2002, A.G. Op. #02-0611.

There is no statutory provision empowering a county board of supervisors to reduce or otherwise alter a required tax levy at meetings subsequent to the time same were duly and properly levied. Smith, Apr. 7, 2003, A.G. Op. 03-0109.

A county may not reduce its levy from one year to the next, except when requested to do so by the board of trustees of the community or junior college district of which it is a member, or in instances in which a county has had a general reassessment or reappraisal of property. A reduction in the millage rate following a general reappraisal may not result in a levy that is less than the minimum levy specified in Section 37-29-141(1). In addition, a reduction in the millage rate in the year following reappraisal must produce an amount of proceeds that is not lower than the amount paid in the previous year. Stonecypher, Oct. 7, 2005, A.G. Op. 05-0417.

In accordance with Section 57-3-33, projects and property financed under the provisions of said chapter are exempt from all taxation except taxes levied pursuant to Section 27-65-21, Sections 37-57-105 and 37-59-23, and taxes levied pursuant to Section 27-39-329 when said tax is levied expressly “for school district purposes”; a tax levied under Section 37-29-141 for the support of junior (community) college districts is not for “school district purposes.” Beech, Mar. 17, 2006, A.G. Op. 06-0009.

§ 37-29-143. Receipt and expenditure of tax revenues; surety bonds by persons handling district funds.

    1. Except as provided in paragraph (b) of this subsection, on or before the thirtieth day of each month, the board of supervisors of each county levying taxes pursuant to subsection (1) of Section 37-29-141, for the support and maintenance of the county’s respective community college district shall transmit or have the chancery clerk transmit its warrant or warrants constituting all of the revenues received from taxation for the prior month for those purposes to the chief executive officer or president of the county’s respective community college district. All such county warrants evidencing a county’s annual revenue from the tax levy shall be immediately deposited in one or more banking institutions and public depositories previously selected by the board of trustees of the community college district and spread upon its official minutes.
    2. The county board of supervisors, by appropriate resolution, may designate the tax collector as the official to transmit revenues from taxes levied by the county under Section 37-29-141(1) for the support and maintenance of the county’s respective community college district. If so designated, on or before the twentieth day of each month, the tax collector of each county levying such taxes shall transmit all of the revenues received from taxation for the prior month for those purposes to the chief executive officer or president of the county’s respective community college district. All such revenues from the tax levy of the county shall be immediately deposited in one or more public depositories of the community college district.
  2. The board of trustees shall, by appropriate orders spread upon its minutes, authorize its chief executive officer or president to expend such funds acquired under subsection (1)(a) and (b) for lawful purposes only and in accordance with its annual budget previously adopted. The board of trustees may require its designated employees, including its president, and fiscal agents to enter into and file with the president of the college a surety bond to insure the faithful performance of the public duties of each officer or agent who is authorized to receive and expend the funds of the district. Such bond may be of such denomination and conditions as the board of trustees may deem necessary and requisite, and the premium thereon shall be paid from the funds of the district.
    1. Except as provided in paragraph (b) of this subsection, all funds derived from such taxes as are provided for in subsection (2) of Section 37-29-141 shall be paid into the county depository of the county in which the community or junior college is located upon receipt warrants of the chancery clerk of said county. Such funds shall be paid out of the depository in the manner prescribed by order of the board of trustees of the community or junior college for purposes provided by statute.
    2. The county board of supervisors, by appropriate resolution, may designate the tax collector as the official to transmit funds from taxes levied by the county under Section 37-29-141(2) for the community college district. If so designated, the tax collector of each county shall transmit all funds derived from such taxes to the public depository or depositories of the community college district. Such funds shall be paid out of the depository or depositories in the manner prescribed by order of the board of trustees of the community college district for purposes provided by statute.

HISTORY: Codes, 1942, §§ 6475-11, 6475-63; Laws, 1950, ch. 369, § 11; Laws, 1964, ch. 398, § 13; Laws, 1980, ch. 428, § 9, eff from and after passage (approved April 30, 1980); Laws, 2018, ch. 424, § 1, eff from and after July 1, 2018.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2018 amendment rewrote the former first two sentences of (1), which read: “On or before the thirtieth day of each month, the board of supervisors of each county belonging to a junior college district and levying taxes pursuant to subsection (1) of Section 37-29-141, for the support and maintenance thereof shall transmit or have the chancery clerk transmit its warrant or warrants constituting all of the Revenues received from taxation for the prior month for said purposes to the chief executive officer or president of its respective junior college district. All such county warrants evidencing a county's annual income from its authorized tax levy shall be forthwith deposited in one or more banking institutions and public depositories previously selected by the board of trustees of the junior college district and spread upon its official minutes” and redesignated them (1)(a); added (1)(b); rewrote and added the former last sentence of (1), which read: “The board of trustees shall, by appropriate orders spread upon its minutes, authorize its chief executive officer or president to expend such funds for lawful purposes only and in accordance with its annual budget previously adopted,” to the beginning of the former second paragraph of (1) and redesignated it (2); redesignated former (2) as (3)(a), and therein added the exception at the beginning and inserted “community or” twice; and added (3)(b).

Cross References —

Homestead exemption, see §§27-33-1 et seq.

Receipt and expenditure of tax revenues in Meridian Junior College District, see §37-29-515.

OPINIONS OF THE ATTORNEY GENERAL

Although there would be substantial increase in tax funds from levy available in 1994 due to tax exemption expiration, there was no express authority for board of supervisors to earmark surplus funds for express benefit of one particular campus of community college; funds must go into county depository and be paid out in manner prescribed by order of board of trustees of community college, pursuant to Section 37-29-143(2). Mullins, Feb. 16, 1994, A.G. Op. #93-0884.

A community college that operates an agricultural high school may expend community college revenue for the support and operation of the agricultural high school. McLeod, July 2, 1999, A.G. Op. #99-0301.

§ 37-29-145. Taxes shall be levied until previously issued bonds retired.

In the event any county shall have outstanding bonds or other indebtedness which were sold or levied for the support and maintenance of a public junior college which was in operation as of July 1, 1964, and such county becomes a part of a legally constituted junior college district as provided in section 37-29-31, the board of supervisors of such county shall continue to levy taxes upon such county until such bonds or other indebtedness shall be fully paid according to the terms thereof.

HISTORY: Codes, 1942, § 6475-64; Laws, 1964, ch. 398, § 14, eff from and after July 1, 1964.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Vocational and Vocational-Technical Education

§ 37-29-161. Short title.

Sections 37-29-161 through 37-29-173 may be cited as the “Mississippi Junior College Vocational and Technical Training Law of 1964.”

HISTORY: Codes, 1942, § 6475-31; Laws, 1964, ch. 401, § 1, eff from and after its passage (approved March 26, 1964).

Cross References —

Cooperation in carrying out provisions regarding job development and training, see §7-1-365.

§ 37-29-163. Declaration of intent.

It is hereby declared to be the intent of the legislature that those funds appropriated to the state building commission for the junior college vocational and technical training fund shall be expended to expand immediately and improve existing programs, to institute new programs and to provide adequate equipment and facilities for existing and new programs for vocational and technical training individually or collectively within the public junior colleges of the state. The legislature further declares its intent to be that the presently existing physical facilities of the junior colleges shall be utilized in the development and implementation of such vocational and technical training programs where possible.

HISTORY: Codes, 1942, § 6475-33; Laws, 1964, ch. 401, § 3, eff from and after its passage (approved March 26, 1964).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Junior College vocational and technical training fund, see §37-29-165.

§ 37-29-165. Junior college vocational and technical training fund; expenditures from fund.

There is hereby created within the state building commission a fund for the stimulation of the vocational and technical training programs of the junior colleges of the State of Mississippi. All sums of money received by the state building commission to carry out the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 shall be maintained in the state treasury and shall constitute a fund to be known as the “junior college vocational and technical training fund”. All expenditures therefrom shall be authorized by the State Building Commission in the manner set forth in Section 37-29-171. Such expenditures shall be paid therefrom by the state treasurer on warrants issued by the auditor of public accounts. Said auditor shall issue his warrant upon requisition signed by the chairman and secretary of said commission.

HISTORY: Codes, 1942, § 6475-32; Laws, 1964, ch. 401, § 2, eff from and after its passage (approved March 26, 1964).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Mississippi Junior College Vocational and Technical Training Law of 1964 is codified as §§37-29-161 through37-29-173.

Cross References —

Issuance, signing and delivery of warrants for payment of claims by auditor of public accounts, see §7-7-35.

Method by which support and maintenance funds are to be withdrawn from state treasury generally, see §7-9-41.

State building commission generally, see §§31-11-1 et seq.

Local matching funds, see §37-29-167.

§ 37-29-167. Applications for benefits; local matching funds; district board of trustees authorized to receive gifts.

Any state public junior college desiring any benefit available under the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 shall make application in triplicate therefor to the Mississippi Community College Board, and submit the same in the form and manner as said commission may direct.

The board of trustees of the junior college district is required and it is empowered to allocate local matching funds on at least a fifty-fifty basis to supplement state funds, and the commission shall determine the rules and conditions appertaining to same.

The board of trustees is authorized to receive all grants, scholarships or donations in carrying out the provisions of said law.

HISTORY: Codes, 1942, § 6475-34; Laws, 1964, ch. 401, § 4; Laws, 2014, ch. 397, § 68, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1987, ch. 498, § 1, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Mississippi Junior College Vocational and Technical Training Laws of 1964 is codified as §§37-29-161 through37-29-173.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “junior college commission” in the first paragraph.

§ 37-29-169. Allocation of funds; review of application; certificate of necessity; disposition of application.

The formula for allocating funds to the state’s public junior colleges in support of the purposes set forth in Section 37-29-163 shall be determined by the Mississippi Community College Board based upon need for the program set forth in the application.

Said board shall furnish a copy of the application to the Governor’s Office of General Services and a copy to the Board of Economic Development. The Board of Economic Development shall review each application, and if said board finds and determines there exists a need for said training programs, facilities and equipment, it shall issue a certificate of necessity to the Mississippi Community College Board, which certificate of necessity shall be a prerequisite for approval.

The Mississippi Community College Board shall consider each application with reference to adequacy of the past, present and prospective use of the instruction, personnel, curriculum, equipment, budget, operation, facilities, grants, scholarships, tuition, maintenance and other similar administrative and technical data as relates to each junior college. The said board shall, by resolution or order, approve or disapprove the application.

HISTORY: Codes, 1942, § 6475-35; Laws, 1964, ch. 401, § 5; Laws, 1986, ch. 434, § 8; Laws, 2014, ch. 397, § 22, eff from and after July 1, 2014.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 57-1-2 provides that the term “Board of Economic Development” shall mean the “Department of Economic and Community Development”.

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-29-171. Approval of expenditures.

No expenditures shall be made under the provisions of the Mississippi Junior College Vocational and Technical Training Law of 1964 for the construction of new buildings, renovation or expansion of existing buildings, the purchase of any new or used instructional equipment, machinery and instructional facilities, or for any other purpose under the provisions of said law until approval of the state building commission is obtained by resolution duly entered upon its minutes.

HISTORY: Codes, 1942, § 6475-36; Laws, 1964, ch. 401, § 6, eff from and after its passage (approved March 26, 1964).

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Mississippi Junior College Vocational and Technical Training Law of 1964 is codified as §§37-29-161 through37-29-173.

§ 37-29-173. Use of local and supporting funds.

Local funds made available to the junior colleges or supporting funds allocated in support of the Mississippi Junior College Vocational and Technical Training Law of 1964, or both, may be used to supplement any other funds that may now be, or that may hereafter become, available for the purposes of carrying out the intent of said law. In no event, however, shall any expenditures be made under the provisions of said law unless the amount of local funds involved shall be equal to or exceed the amount of state funds made available for the projects or programs involved.

HISTORY: Codes, 1942, § 6475-37; Laws, 1964, ch. 401, § 7, eff from and after its passage (approved March 26, 1964).

§ 37-29-175. Lease of facilities for industrial training of students.

If a junior college now or hereafter establishes facilities for the industrial training of students and it appears to the board of trustees of the junior college district that the training of students will be facilitated by the continuous operation of such facilities, the trustees are authorized to lease to individual firms or corporations such facilities or a part thereof upon such terms and conditions as the trustees may approve, provided that all students desirous of securing training of the kind offered by the lessee shall be given a reasonable opportunity therefor.

HISTORY: Codes, 1930, § 6676; 1942, § 6456; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1936, 2nd Ex Sess, ch. 11; Laws, 1968, ch. 405, § 1, eff from and after July 1, 1968.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provisions authorizing such leases of industrial training facilities of agricultural high schools, see §37-27-33.

§ 37-29-177. Specialized programs in vocational and vocational-technical education shall be available to out-of-district students.

Specialized programs in vocational and vocational-technical education which are not available to students in their home districts, but which are offered in other districts, shall be available to such students on a non-out-of-district fee basis.

HISTORY: Codes, 1942, § 6475-25; Laws, 1962, ch. 352, § 5, eff from and after its passage (approved May 26, 1962).

§ 37-29-179. Repealed.

Repealed by Laws, 1986, ch. 434, § 17, eff from and after July 1, 1986 (became law on April 4, 1986, without Governor’s signature).

[Codes, 1942, § 6475-26; Laws, 1962, ch. 352, § 6]

Editor’s Notes —

Former Section 37-29-179 provided for the appointment of a specialist in vocational and vocational-technical education to assist junior colleges.

Nurse Training Programs

§ 37-29-201. Hospitals, counties and municipalities may support nurse training programs.

The official boards of the various public supported hospitals of the State of Mississippi that conduct a nurses training program in connection with said hospitals are hereby empowered to contribute to a public supported junior college wherein said hospital is located in said junior college district for the support and maintenance of a nurses training program at said junior college. The board of supervisors of any county wherein there is a public hospital supported in whole or in part at county expense is hereby authorized and empowered to contribute to a nurses training program carried on and conducted thereat when said junior college district encompasses the county wherein the supervisors so contribute. The governing board of any municipality in this state that supports in whole or in part a hospital is hereby authorized and empowered to contribute to such a nurses training program at the public supported junior college wherein the municipality is located within the junior college district.

Any public supported junior college operating or conducting a nurses training program is hereby authorized and empowered to accept donations from private hospitals or any other persons, firms or corporations for the support of a nurses training program.

HISTORY: Codes, 1942, § 6475-41; Laws, 1964, ch. 437, eff from and after passage (approved June 5, 1964).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Faculty [Repealed]

§§ 37-29-211 through 37-29-217. Repealed.

Repealed by Laws of 2015, ch. 340, § 1, effective upon approval March 13, 2015.

§37-29-211. [Codes, 1942, § 6282-41; Laws, 1956, ch. 265, § 1.]

§37-29-213. [Codes, 1942, § 6282-42; Laws, 1956, ch. 265, § 2.]

§37-29-215. [Codes, 1942, § 6282-43; Laws, 1956, ch. 265, § 3.]

§37-29-217. [Codes, 1942, § 6282-44; Laws, 1956, ch. 265, § 4.]

Editor’s Notes —

Former §37-29-211 required instructors, professors and other teachers in junior colleges to file an affidavit as to membership in organizations.

Former §37-29-213 provided the form for the affidavit instructors, professors and other teachers were required to file regarding membership in organizations pursuant to former §37-29-211.

Former §37-29-215 provided that contracts of employment of instructors, professors and other teachers were void for failure to file the affidavit required under former §37-29-211.

Former §37-29-217 provided the penalty for falsely filing the affidavit required by former §37-29-211.

Students

§ 37-29-231. Students’ residency and fees.

The provisions of Sections 37-103-1 through 37-103-29 relating to the legal residence of and tuition to be charged any student applying for admission to state educational institutions shall be applicable to the boards of trustees of each junior college district in the state and to the administrative authorities of each such junior college governed by said board.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1, eff from and after passage (approved August 7, 1968).

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18 et seq.

CJS.

14A C.J.S., Colleges and Universities § 28.

§ 37-29-232. Criminal history record checks and fingerprinting for health care professional/vocational technical students.

  1. For the purposes of this section:
    1. “Health care professional/vocational technical academic program” means an academic program in medicine, nursing, dentistry, occupational therapy, physical therapy, social services, nutrition services, speech therapy, or other allied-health professional whose purpose is to prepare professionals to render patient care services.
    2. “Health care professional/vocational technical student” means a student enrolled in a health care professional/vocational technical academic program.
  2. The dean or director of the health care professional/vocational technical academic program is authorized to ensure that criminal history record checks and fingerprinting are obtained on their students before the students begin any clinical rotation in a licensed health care entity and that the criminal history record check information and registry checks are on file at the academic institution. In order to determine the student’s suitability for the clinical rotation, the student shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety, the Department of Health, or any other legally authorized entity to the FBI for a national criminal history record check. The fee for the fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the academic institution in which the student is enrolled, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall the academic institution representative or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section.
  3. If the fingerprinting or criminal history record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the student shall not be eligible to be admitted to the health care professional/vocational technical academic program of study. Any preadmission agreement executed by the health care professional/vocational technical academic program shall be voidable if the student receives a disqualifying criminal history record check. However, the administration of the health care professional/vocational technical academic program may, in its discretion, allow any applicant aggrieved by the admissions decision under this section to appear before an appeals committee or before a hearing officer designated for that purpose, to show mitigating circumstances that may exist and allow the student to be admitted to or continue in the program of study. The health care professional/vocational technical academic program may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the student to perform the clinical responsibilities competently and that the student does not pose a threat to the health or safety of patients in the licensed health care entities in which they will be conducting clinical experiences. The health care professional/vocational technical academic program shall provide assurance to the licensed health care entity in which the clinical rotation is planned that the results of a health care professional/vocational technical student’s criminal history record check would not prohibit the student from being able to conduct his or her clinical activities in the facility, institution, or organization. The criminal history record check shall be valid for the course of academic study, provided that annual disclosure statements are provided to the health care professional/vocational technical academic program regarding any criminal activity that may have occurred during the student’s tenure with the health care professional/vocational technical academic program. The criminal history record check may be repeated at the discretion of the health care professional/vocational technical academic program based on information obtained during the annual disclosure statements. In extenuating circumstances, if a criminal history record check is initiated and the results are not available at the time the clinical rotation begins, the academic institution in which the student is enrolled, at its discretion, may require a signed affidavit from the student assuring compliance with this section. The affidavit will be considered void within sixty (60) days of its signature.
  4. Criminal history record checks that are done as part of the requirements for participation in the health care professional/vocational technical academic program may not be used for any other purpose than those activities associated with their program of study. Students who may be employed as health care professionals outside of their program of study may be required to obtain additional criminal history record checks as part of their employment agreement.
  5. No health care professional/vocational technical academic program or academic program employee shall be held liable in any admissions discrimination suit in which an allegation of discrimination is made regarding an admissions decision authorized under this section.

HISTORY: Laws, 2004, ch. 538, § 1, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in subsection (3). The reference to “Section 45-33-23(g)” was changed to “Section 45-33-23(h).” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

In (3), there is a reference to “vulnerable adult.” Laws of 2010, ch. 357, amended the Vulnerable Adults Act, codified as §§43-47-1 et seq, to substitute the term “vulnerable persons” for “vulnerable adults” throughout the act.

Cross References —

Criminal history record checks and fingerprinting required for new employees providing direct patient care at University of Mississippi Medical Center, see §37-115-41.

Criminal history record checks and fingerprinting required for applicants for medical licensure, physician assistant licensure, osteopathic licensure, and podiatric licensure, and on applicants for reinstatement of a license, see §§73-25-3,73-25-14,73-25-32,73-26-3,73-27-5, and73-27-12.

§ 37-29-233. Diplomas.

When a student has successfully completed the course prescribed for the freshman and sophomore years, any junior college which has been properly accredited may issue a diploma to such student, bearing the title of AN ASSOCIATE OF ARTS, AN ASSOCIATE OF AGRICULTURE, or any other appropriate title as testimonial of the completion of two years of college work.

HISTORY: Codes, 1930, § 6696; 1942, § 6475-09; Laws, 1928, ch. 303; Laws, 1930, ch. 278; Laws, 1950, ch. 369, § 9.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

ALR.

College’s power to revoke degree. 57 A.L.R.4th 1243.

§ 37-29-235. Junior college fraternity, sorority or secret society; definition.

A public junior college fraternity, sorority or secret society, as contemplated by Sections 37-29-235 through 37-29-243 is hereby defined to be any organization composed wholly, or in part, of public junior college pupils, which seeks to perpetuate itself by taking in additional members from the pupils enrolled in such junior college on the basis of the decision of the membership of such fraternity, sorority or secret society, rather than upon the free choice of any pupil in the junior college. However, this does not apply to the Order of DeMolay or a similar organization sponsored by any branch of the Masonic Orders or like adult fraternal organization.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provisions defining public high school fraternity, sorority, or secret society, see §37-11-37.

§ 37-29-237. Junior college fraternity, sorority or secret society, declared to be unlawful.

Any public junior college fraternity, sorority, or secret society as defined in Section 37-29-235 is hereby declared to be inimical to public free schools and therefore unlawful.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provision pertaining to public high school fraternities, sororities or secret societies, see §37-11-39.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

§ 37-29-239. Junior college fraternity, sorority or secret society; unlawful for pupils to join, belong to, or participate in activities.

It shall be unlawful for any pupil attending the public junior colleges of this state to become a member of or to belong to or participate in the activities of any junior college fraternity, sorority, or secret society as defined in Section 37-29-235.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provision pertaining to public high school fraternities, sororities or secret societies, see §37-11-41.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

§ 37-29-241. Junior college fraternity, sorority or secret society; duties of district boards of trustees.

All boards of trustees of public junior college districts shall prohibit fraternities, sororities, or secret societies in all junior colleges under their respective jurisdiction. It shall be the duty of said boards of trustees to suspend or expel from said junior colleges under their control, any pupil or pupils who shall be or remain a member of, or shall join or promise to join, or who shall become pledged to become a member, or who shall solicit or encourage any other person to join, promise to join, or be pledged to become a member of, any such public junior college fraternity, sorority or secret society, as defined in Section 37-29-235.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provision pertaining to public high school fraternities, sororities, or secret societies, see §37-11-43.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

RESEARCH REFERENCES

ALR.

Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity. 68 A.L.R.4th 228.

§ 37-29-243. Junior college fraternity, sorority or secret society; solicitation of pupils; penalty.

It shall be unlawful for any person not enrolled in any such public junior college to solicit any pupil enrolled in any such public junior college, to join or pledge himself or herself to become a member of any such public junior college fraternity, sorority, or secret society, or to solicit any such pupil to attend a meeting thereof or any meeting where the joining of any such public junior college fraternity, sorority, or secret organization shall be encouraged.

Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each and every offense.

HISTORY: Codes, 1942, § 6486-01; Laws, 1946, ch. 427, §§ 1-7; Laws, 1962, ch. 358.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Similar provision pertaining to public high school fraternities, sororities or secret societies, see §37-11-45.

Provisions allowing fraternities and sororities in state institutions of higher education, see §§37-111-1 et seq.

Imposition of standard state assessment in addition to court imposed fines or other penalties for misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Regulations as to fraternities and similar associations connected with educational institution. 10 A.L.R.3d 389.

Miscellaneous

§ 37-29-261. Board of supervisors may permit county road department employees or road district employees to assist in maintenance of campus streets.

The board of supervisors of any county which levies a tax for the support of a junior college district may, in its discretion, permit county road department employees or road district employees, if any, to operate county-owned equipment and machinery to assist in the maintenance of the public property on such junior college campus.

The board of trustees of the junior college district affected and the board of supervisors may agree as to the terms and conditions under which such public property may be worked and supplies or materials may be furnished.

HISTORY: Codes, 1942, § 6475-71; Laws, 1968, ch. 389, § 1; Laws, 1983, ch. 308; Laws, 1985, ch. 311; Laws, 1988 Ex Sess, ch. 14, § 32, eff from and after October 1, 1989.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

OPINIONS OF THE ATTORNEY GENERAL

The statute is sufficiently broad to allow the board of supervisors to assist or participate in the construction or maintenance of roads or streets for junior colleges. Shepard, June 14, 2002, A.G. Op. #02-0312.

This section was crafted to allow a county to use equipment already owned by the county and labor already in the employ of the county, but not to authorize the county to make a donation to the community college. Shepard, Oct. 18, 2002, A.G. Op. #02-0589.

§ 37-29-263. Defraying costs of providing electronic data processing equipment.

Any other provision of law to the contrary notwithstanding, the various junior colleges of the state are authorized to defray the cost of providing electronic data processing equipment out of any available funds acquired from taxes levied within the junior college district, whether designated for capital expenditures or operating costs, whether such equipment is acquired by purchase, lease or under any other form of contract. However, no such funds shall be expended unless the acquisition of such equipment has been approved by the central data processing authority.

HISTORY: Codes, 1942, § 6486-11; Laws, 1971, ch. 444, § 1, eff from and after passage (approved March 25, 1971).

Editor’s Notes —

Chapter 622 of Laws of 1995 (§25-53-3) changed the name of the “Central Data Processing Authority” (CDPA) to the “Mississippi Department of Information Technology Services” (MDITS) and provided that wherever the terms “Central Data Processing Authority” and “authority”, when referring to the Central Data Processing Authority, are used in any law, the same shall mean the Mississippi Department of Information Technology Services.

OPINIONS OF THE ATTORNEY GENERAL

Expenditures of tax proceeds by community and junior colleges for electronic data processing equipment is subject to approval by the Mississippi Department of Information Technology Services. Litchliter, Apr. 12, 2002, A.G. Op. #02-0153.

Only electronic data processing equipment purchased by community colleges with funds derived from local tax levies is subject to Department of Information Technology Services (ITS) approval; equipment purchased with other funds available to the community college is not subject to ITS approval. Lichliter, Oct. 4, 2002, A.G. Op. #02-0534.

§ 37-29-265. Municipalities and municipal separate school districts may issue bonds for establishing and maintaining junior colleges.

The municipalities of Mississippi and the municipal separate school districts in Mississippi are hereby authorized and empowered to issue municipal bonds or municipal separate school district bonds to aid in procuring the establishment, location, and maintenance of junior colleges which have been or may hereafter be established. Said bonds shall be issued as provided by law. The proceeds of the sale of said bonds may be used for the purchase of lands, buildings or for erecting buildings, or in any way to aid in the establishment and maintenance of junior colleges.

HISTORY: Codes, 1930, § 6685; 1942, § 6465; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Similar provisions authorizing such bond issues for support of agricultural high schools, see §37-27-63.

Issuance of school bonds generally, see §§37-59-1 et seq.

§ 37-29-267. Municipalities and counties may purchase land and buildings for junior college.

Any municipality, county or counties, acting alone or jointly with other counties or municipalities, which have organized or shall hereafter organize a junior college under the provisions of Sections 37-29-1 through 37-29-273, shall be authorized to purchase lands or buildings for such college for cash or upon the installment plan. The deferred balance shall not bear interest in excess of that allowed for tax anticipation notes in Section 75-17-105, Mississippi Code of 1972, and any deferred balance may be secured by a vendor’s lien or by promissory notes and a deed of trust to be executed by the designated representative of the trustees of the junior college district. Title to such property shall be taken in the name of the trustees of such junior college district and their successors in office.

The board of supervisors of such county or counties, or in the case of a multiple county district the county or location acting alone or with one or more of the other counties, and the mayor and board of aldermen or other governing authority of such municipalities, are hereby authorized to levy annually a sufficient ad valorem tax to pay the down payment or yearly installments provided in the deed or deed of trust, or may use the three (3) mills provided in subsection (2) of Section 37-29-141, allowed for enlargement and improvements.

At the time of the purchase of said lands or buildings there shall be entered on the minutes of the board of supervisors of each county or board of aldermen or other governing authority of each municipality participating, an order specifying the amount to be paid for such property and providing for the annual installments, and obligating the governing authorities of such county, counties, or municipalities to levy annually a sufficient ad valorem tax to pay such installment. The funds collected by such tax levy shall be paid into the hands of the county superintendent of the county in which such junior college is located, and disbursed by him as said installments become due.

In the event there is, at the time of the purchase of said property, an indebtedness due secured by a lien on such property, then the board of trustees of such junior college district shall have the authority to assume such indebtedness and pay same as a part of the purchase price of said property.

The junior college district shall have the privilege of prepaying all or a portion of the deferred balance at any time without penalty, and for this purpose may use any appropriate available funds.

Unneeded land or buildings or facilities located on property so acquired may be leased, or the buildings may be sold and removed.

By the authority given in this section for the home county of a junior college district to purchase land for junior college purposes, such indebtedness incurred or funds expended cannot become a binding obligation on other counties in the junior college district unless the boards of supervisors of such counties expressly consent thereto.

HISTORY: Codes, 1942, § 6482; Laws, 1936, ch. 259; Laws, 1964, ch. 403; Laws, 1981, ch. 462, § 9; Laws, 1982 ch. 434, § 15; Laws, 1983, ch. 541, § 20, eff from and after passage (approved April 25, 1983).

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Las of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Title to lands, buildings and improvements of junior colleges, see §37-29-5.

Rate of interest which notes described in this section shall bear, see §75-17-105.

OPINIONS OF THE ATTORNEY GENERAL

Both this section and §37-31-75 imply legislative intent to permit a municipality to enter into a contractor agreement pursuant to §37-31-71 et seq. that would extend past the term of the current administration of the municipality. Criss, August 7, 1998, A.G. Op. #98-0447.

The City of Grenada could convey property to a community college pursuant to this section; upon such conveyance, title would be vested in the board of trustees and the trustees’ successors in office. Criss, January 22, 1999, A.G. Op. #98-0780.

§ 37-29-268. Community College Repair and Renovation Fund.

  1. There is hereby created in the State Treasury a special fund to be designated as the “Community College Repair and Renovation Fund” which shall consist of monies appropriated or otherwise made available therefor by the Legislature. Within the special fund, the State Treasury shall establish a subaccount for each community and junior college. Interest earned on monies in the special fund shall be deposited to the credit of such fund and money shall not lapse at the end of the fiscal year into the State General Fund. Money in the special fund shall be appropriated by the Legislature and allocated by the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration, for the repair, renovation and improvement of existing facilities owned by the community and junior colleges, including utility infrastructure projects; heating, ventilation and air conditioning systems; and the replacement of furniture and equipment. However, the cost of such repair, renovation and improvement for any one (1) project shall not exceed One Million Dollars ($1,000,000.00).
  2. Monies in the special fund shall be allocated to each community college’s subaccount as follows:
    1. One-half (1/2) divided equally among the fifteen (15) public community and junior colleges; and
    2. One-half (1/2) divided upon the basis of the number of full-time academic, technical and vocational public community and junior college students actually enrolled and in attendance on the last day of the sixth week of the fall semester of the preceding year counting only those students who reside within the State of Mississippi. On or before December 1 of each year, the Mississippi Community College Board shall furnish the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration, the enrollment information required in this paragraph (b), including the percentage of statewide enrollment attributed to each community and junior college.
  3. For the purposes of this section, the term “furniture and equipment” shall be limited to the types of furniture and equipment items previously recorded in the community college’s inventory.

HISTORY: Laws, 1999, ch. 334, § 2; Laws, 2014, ch. 397, § 23, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment, inserted “(1)” in the last sentence of (1); and in (2)(b), substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges.”

Cross References —

State Agency Repair and Renovation Fund, see §29-17-4.

Institutions of Higher Learning Repair and Renovation Fund, see §37-101-81.

§ 37-29-269. Relationship to county agricultural high schools.

Nothing in Sections 37-29-1 through 37-29-273 shall be construed to repeal any statute relating to county agricultural high schools, and it is expressly provided that such schools may be operated in conjunction with junior colleges. However, when so operated they shall be under control of the president and boards of trustees of the junior college districts.

Any agricultural high school which is not located on or adjacent to an existing junior college shall continue to be operated as heretofore and shall in no way be affected by the provisions of Sections 37-29-1 through 37-29-273.

When a junior college through the agricultural high school provides high school facilities of any school district, then the pupils from that district may be enumerated as other pupils in the common schools and the school district or county superintendent may pay to the junior college tuition such as determined by the state department of education for any other schools, and no agricultural high school funds shall be disbursed for pupils for whom such tuition is paid.

HISTORY: Codes, 1942, §§ 6475-10, 6475-67; Laws, 1950, ch. 369, § 10; Laws, 1964, ch. 398, § 17, eff from and after July 1, 1964.

Editor’s Notes —

Sections 37-29-11 through 37-29-17 and Section 37-29-179, referred to in this section, were repealed by Laws of 1986, ch. 434, § 17, effective from and after July 1, 1986.

Section 37-29-35, referred to in this section, was repealed by Las of 1980, ch. 428, § 10, effective from and after passage (approved April 30, 1980).

Section 37-29-83, referred to in this section, was repealed by Laws of 1990, ch. 518, § 17, effective from and after October 1, 1993.

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Agricultural high schools generally, see §§37-27-1 et seq.

Establishment of junior college in connection with agricultural high school outside county, see §37-27-37.

OPINIONS OF THE ATTORNEY GENERAL

Under Section 37-29-269, community college trustees sitting as the governing board of its Agricultural High School would not be required to post surety bonds because the agricultural high school governing board has been merged into that of the community college. Bradley, May 15, 1996, A.G. Op. #96-0279.

A community college that operates an agricultural high school may expend community college revenue for the support and operation of the agricultural high school. McLeod, July 2, 1999, A.G. Op. #99-0301.

§ 37-29-271. Abolition of high school department and confining of activities to junior college work; restoration of high school department to curriculum.

Where any agricultural high school has extended its curriculum, so as to include freshman and sophomore years of college work, the board of trustees of the agricultural high school, with the approval of the county board of education of the county in which the school is located, may abolish all its high school work and confine its activities to junior college work. Where the high school department is abolished in any agricultural high school-junior college under the provisions of this section, and it later appears that it would be to the interest of the agricultural high school-junior college and the county in which the school is located, the board of trustees of the agricultural high school of the county in which the school is located, may, in its discretion, with the consent of the county board of education restore all or any part of the high school department to the curriculum of the agricultural high school-junior college.

When any agricultural high school-junior college abolishes its high school department as provided in this section all laws relating to agricultural high school for tax levies for the support of the school, and all other laws relating to the government and management of agricultural high schools and agricultural high school-junior colleges, not inconsistent with the provisions of this section, shall continue in full force and effect for the junior college department of said school.

HISTORY: Codes, 1942, § 6483; Laws, 1934, ch. 266; Laws, 1940, ch. 193.

Cross References —

Agricultural high schools generally, see §37-27-1 et seq.

Establishment of junior college in connection with agricultural high school outside county, see §37-27-37.

§ 37-29-272. Transfer of agricultural high school to county board of education.

The board of trustees of any community college district in the state maintaining and operating an agricultural high school on July 1, 1994, is hereby authorized to transfer the control, maintenance and operation of said agricultural high school, including the transfer of title to all real and personal property used for agricultural high school purposes, to the county board of education of the county in which the school is located. Upon the acceptance by the county board of education and before an order authorizing such transfer shall be entered, the board of trustees of the community college district and the county board of education in which such school is located shall by joint resolution agree in writing on the terms of such transfer, the extent of the rights of use and occupancy of the school and grounds, and the control, management, preservation and responsibility of transportation of students to such premises, to be spread upon the minutes of each governing authority. Upon such transfer, the county board of education may abolish the agricultural high school as a distinct school, and merge its activities, programs and students into the regular high school curricula of the school district. When a community college has transferred operation of an agricultural high school as provided herein, the pupils attending such school shall be reported, accounted for allocation of minimum education program funds and entitled to school transportation as though such pupils were attending the schools of the school district in which they reside, as provided in Sections 37-27-53 and 37-27-55, Mississippi Code of 1972. When any agricultural high school is transferred by the board of trustees of a community college to the county board of education as provided in this section, all laws relating to agricultural high school tax levies for the support or retirement of bonded indebtedness for agricultural high schools shall continue in full force and effect for the transferring community college district until current obligations on all bonded indebtednesses related to agriculture high schools have been satisfied and retired.

HISTORY: Laws, 1994, ch. 581, § 50, eff from and after July 1, 1994.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Agricultural high schools generally, see §§37-27-1 et seq.

§ 37-29-273. Attendance of county pupils at municipal junior college.

The county superintendent of education of a county in which there is located and operated a legally constituted municipal junior college may provide for the attendance of pupils residing in the county of which he is superintendent of education at such municipal junior college, and pay for same by certificate drawn by him on the special junior college fund. Said fund shall be raised by a levy made by the board of supervisors upon the recommendation of the county board of education. However, the amount so paid shall not be greater than the pro rata share of such pupils in the actual cost of incidentals and tuition of such municipal junior college.

HISTORY: Codes, 1942, § 6486; Laws, 1938, ch. 216.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Assignment to schools or attendance centers of school children generally, see §§37-15-13 et seq.

Agricultural high schools generally, see §§37-27-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Most agricultural high schools have been subsumed into community college systems which administer them; therefore, members of community college board who operate agricultural high school are not required to attend training sessions required for school board members of local school districts; only agricultural high school operated by board of trustees independent of community college would be required to meet training requirements of Section 37-7-306. Bradley Sept. 9, 1993, A.G. Op. #93-0643.

§ 37-29-275. Application of general criminal laws of state; security officers vested with powers of constables; authorization to bear arms if certified; jurisdiction of peace officers employed by public community/junior colleges.

Any act, which, if committed within the limits of a city, town or village, or in any public place, would be a violation of the general laws of this state, shall be criminal and punishable if done on the campus, grounds or roads of any of the state-supported junior colleges. The peace officers duly appointed by the board of trustees of state-supported community or junior colleges or officers of private security firms licensed by the State of Mississippi contracted by the boards of trustees of state supported community/junior colleges are vested with the powers and subjected to the duties of a constable for the purpose of preventing and punishing all violations of law on state-supported junior college grounds and for preserving order and decorum thereon. Peace officers appointed by the boards of trustees or officers of private security firms licensed by the State of Mississippi contracted by the boards of trustees shall have authority to bear arms in order to carry out their law enforcement responsibilities if such officers have been certified according to the minimum standards established by the Board on Law Enforcement Officer Standards and Training. The peace officers duly appointed by the boards of trustees of public community/junior colleges are also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the college, if reasonably determined to have a possible impact on the safety of students, faculty or staff of the college while on said property. Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by a college to events occurring outside the boundaries of college property, nor shall any such college or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the college. If a law enforcement officer is duly appointed to be a peace officer by a college under this section, the board of trustees of the public community/junior college may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of college property lies with the local police or sheriff’s department which cannot withhold its services solely because of the lack of such an agreement.

HISTORY: Codes, 1942, § 6706; Laws, 1972, ch. 311, § 1; Laws, 1994, ch. 644, § 1; Laws, 2007, ch. 599, § 2, eff from and after July 1, 2007.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2007 amendment added the last three sentences.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 37-29-275 makes it clear that state’s criminal laws are applicable on junior or community college campuses, and that campus police, appointed by authorities of junior or community colleges, have authority of constable to enforce state’s criminal laws; also, municipal police officer may enforce state’s criminal laws on campus of junior or community college that is within corporate limits of municipality; however, municipality may not extend its regulatory ordinances over conduct on campus, for example, as to open container or curfew laws. Carroll, Mar. 31, 1993, A.G. Op. #93-0165.

Campus police officers are not municipal officers and therefore do not have the authority to bring violations of state law to the municipal court; citations and affidavits by campus police should be filed with justice court. Coker, Feb. 8, 2002, A.G. Op. #02-0043.

Campus security may use their official vehicles to make routine traffic stops inside the boundaries of the college grounds. Davis, Mar. 4, 2005, A.G. Op. 05-0035.

Community college campus police are subject to rules and regulations of their college’s Board of Trustees as well as any rules and regulations of the State Board of Community and Junior Colleges and state statues relating thereto. Davis, Mar. 4, 2005, A.G. Op. 05-0035.

Regulations of the Board on Law Enforcement Officers Standards and Training as to installation of blue lights on patrol cars are a good guideline for campus police to follow. Davis, Mar. 4, 2005, A.G. Op. 05-0035.

Patrol cars of campus police should be marked so as to clearly identify that the vehicle is being used in an official capacity. Davis, Mar. 4, 2005, A.G. Op. 05-0035.

Both certified and non-certified officers on community/junior colleges grounds are vested with the powers and subjected with the duties of a constable as set forth in Section 37-29-275; however, only certified officers are permitted to bear arms in carrying out their duties. Lee, Apr. 29, 2005, A.G. Op. 05-0081.

Since campus police officers are vested with the powers of a constable, a campus police department should obtain uniform traffic tickets from the chancery clerk of the county. Via, Oct. 28, 2005, A.G. Op. 05-0522.

Community college police have the powers of a constable pursuant to Miss Code Ann. §37-29-275 and are authorized to enforce state laws within their jurisdiction, but do not have authority to enforce municipal or campus ordinances on municipal streets that run through the campus. Campus police officers may assist in the enforcement of municipal parking ordinances on municipal streets by notifying municipal authorities when violations occur. A determination of the validity of “campus tickets” may only be made by a court of competent jurisdiction. Graham, March 16, 2007, A.G. Op. #07-00138, 2007 Miss. AG LEXIS 102.

§ 37-29-277. Board of trustees or educational building corporation required to purchase business interruption insurance on certain auxiliary facilities.

When the board of trustees of any community or junior college or educational building corporation created under Sections 37-29-601 through 37-29-613 acquires auxiliary facilities by lease, lease-purchase or service contract, or borrows money to purchase the property, the board of trustees or educational building corporation shall obtain business interruption insurance in an amount sufficient to pay lease payments or debt service payments for the period of time required to restore or rebuild leased or financed facilities damaged or destroyed by a catastrophic event such as a fire, storm, tornado or earthquake.

HISTORY: Laws, 2010, ch. 511, § 26, eff from and after passage (approved Apr. 13, 2010.).

Funding for Community and Junior Colleges

§ 37-29-301. Legislative findings and declarations.

The Legislature finds and declares as follows:

Mississippi’s public community and junior colleges are Mississippi’s best educational buy. An education at Mississippi’s community and junior colleges is affordable and accessible to all. Mississippians have an option to attend a community or junior college close to home, with smaller class sizes and at approximately one-half (1/2) the cost of tuition at a public four-year institution;

In recent fiscal years, appropriations for community and junior colleges have not kept pace with increases appropriated to Grades K-12 and the institutions of higher learning;

A need exists to provide adequate funding for Mississippi’s community and junior colleges; and

Adequate funding should be accomplished through appropriate funding on a full-time equivalency (FTE) basis.

HISTORY: Laws, 2007, ch. 566, § 1, eff from and after July 1, 2007.

Editor’s Notes —

Laws of 2007, ch. 566, § 4 provides as follows:

“SECTION 4. This act shall be codified in Chapter 29, Title 37, Mississippi Code of 1972.”

Cross References —

Full-time equivalent (FTE) enrollment defined, see §37-29-303.

§ 37-29-303. Definitions.

As used in Sections 37-29-301 through 37-29-305, the following terms shall be defined as provided in this section:

“Full-time equivalent (FTE) enrollment” means the process by which the Southern Regional Education Board (SREB) calculates FTE by taking total undergraduate semester credit hours divided by thirty (30); total undergraduate quarter hours divided by forty-five (45); total graduate semester credit hours divided by twenty-four (24); and total graduate quarter hours divided by thirty-six (36).

“State funds” means all funds appropriated by the Legislature including funds from the State General Fund, Education Enhancement Fund, Budget Contingency Fund and Health Care Expendable Fund.

“E G operations” means education and general expenses of the colleges and universities.

“Average daily attendance (ADA)” means the figure that results when the total aggregate attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction, less the average daily attendance for self-contained special education classes and, before full implementation of the Mississippi Adequate Education Program, the State Department of Education shall deduct the average attendance of the alternative school program provided for in Section 37-19-22.

HISTORY: Laws, 2007, ch. 566, § 2, eff from and after July 1, 2007.

Editor’s Notes —

Laws of 2007, ch. 566, § 4 provides as follows:

“SECTION 4. This act shall be codified in Chapter 29, Title 37, Mississippi Code of 1972.”

Cross References —

Budget contingency fund, see §27-103-301.

Education enhancement fund, see §37-61-33.

Mississippi Adequate Education Program, see §§37-151-1 et seq.

Health care expendable fund, see §43-13-407.

§ 37-29-305. Calculation of funding; use of information from SREB State Data Exchange.

  1. In funding community and junior colleges, the actual amount of the annual appropriation of the community and junior colleges general support bill shall be computed as follows:
    1. Calculate the state funding per student for Grades K-12 by dividing the total revenue from state funds by the ADA. Both the funding and ADA figures shall be provided by the State Department of Education.
    2. Calculate the state funding per FTE for regional universities by dividing the state funds for E G operations by FTE enrollment. Both funding and enrollment figures shall come from the SREB State Data Exchange.
    3. Mid-level funding for community and junior colleges shall be the average as computed from paragraphs (a) and (b) of this subsection multiplied by the total community and junior college FTEs. This amount shall be appropriated annually by the Legislature to the community and junior colleges.
  2. Data used in the calculation of paragraphs (a), (b) and (c) of subsection (1) shall be the most current available data utilizing the same fiscal year for all entities involved. Information from the SREB State Data Exchange shall be used to ensure common denominators in the calculation of FTE enrollment and to ensure consistent reporting of financial data.

HISTORY: Laws, 2007, ch. 566, § 3, eff from and after July 1, 2007.

Editor’s Notes —

Laws of 2007, ch. 566, § 4 provides as follows:

“SECTION 4. This act shall be codified in Chapter 29, Title 37, Mississippi Code of 1972.”

Cross References —

ADA, E & G operations, and full-time equivalent (FTE) enrollment defined, see §37-29-303.

Mississippi Gulf Coast Junior College District

§ 37-29-401. Mississippi Gulf Coast Junior College District created.

There is hereby created a junior college district comprised of the territory lying within Harrison, Stone, George and Jackson Counties and having boundaries coinciding with the external boundaries thereof.

The name of the said junior college district shall be the Mississippi Gulf Coast Junior College District of Mississippi and the said district shall be and the same is hereby constituted a legal political governmental subdivision and a body corporate.

HISTORY: Laws, 1962, ch. 381, §§ 1, 2.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Creation of junior college districts generally, see §37-29-31.

§ 37-29-403. Transfer of property to junior college district.

All of the property belonging to the board of trustees of Perkinston Junior College and all of the property belonging to either or all of the counties prior to and as of May 10, 1962, cooperating in the Perkinston Junior College or the agricultural high school-junior college located at Perkinston, Mississippi and utilized or held for the present or future use and benefit of said junior college and/or agricultural high school-junior college shall be and the same is hereby transferred to and vested in the Mississippi Gulf Coast Junior College District.

HISTORY: Laws, 1962, ch. 381, § 3.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transfer of property of existing institutions to boards of trustees of junior colleges generally, see §37-29-33.

Transfer of property to Copiah-Lincoln Junior College District, see §37-29-471.

Transfer of property to Meridian Junior College District, see §37-29-503.

Transfer of property to Coahoma Community College District, see §37-29-569.

§ 37-29-405. President.

The Mississippi Gulf Coast Junior College District shall be under the executive direction of a president elected by the board of trustees of said district.

HISTORY: Laws, 1962, ch. 381, § 7.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Office of president of junior colleges generally, see §37-29-61.

President of the Copiah-Lincoln Junior College District, see §37-29-453.

§ 37-29-407. Powers of president.

The president of the junior college shall have the power to recommend to the trustees all teachers to be employed and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers.

The president shall have the authority, subject to the provisions of Sections 37-29-401 through 37-29-437 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

HISTORY: Laws, 1962, ch. 381, § 8.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Powers of presidents of junior colleges generally, see §37-29-63.

Powers of the president, Copiah-Lincoln Junior College District, see §37-29-455.

Powers of the president, Mendian Junior College District, see §37-29-509.

Powers of the president, Coahoma Community College District, see §37-29-555.

§ 37-29-409. Selection of trustees; terms.

The operation and control of the Mississippi Gulf Coast Junior College District and the college or colleges operated therein shall be vested in a board of trustees representing each of the four (4) counties lying within the district. The board of trustees shall consist of twenty-three (23) members. Of the said number Harrison County shall be entitled to eight (8) members, Stone County shall be entitled to three (3) members, George County shall be entitled to three (3) members and Jackson County shall be entitled to eight (8) members. In no event in the future shall any of the counties have more than the number hereinabove established. The members of the board of trustees from each county shall be elected by the board of supervisors of the county. Except as hereinafter specified the term of office of each trustee shall be five (5) years. The members of the board of trustees serving on July 1, 1989, shall continue to serve until their terms expire. All shall be appointed for a term of five (5) years each. There shall be one (1) additional member of the board who shall be selected by the members of the board of trustees who shall reside alternatively in Jackson and Harrison Counties, with the initial appointment to be made from Jackson County for a term of five (5) years.

HISTORY: Laws, 1962, ch. 381, § 4; Laws, 1989, ch. 575, § 2, eff from and after July 1, 1989.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Number of trustees for junior colleges in general, see §37-29-65.

Selection of trustees, Copiah-Lincoln Junior College District, see §37-29-457.

§ 37-29-411. General powers and duties of trustees.

The Board of Trustees of the Mississippi Gulf Coast Junior College District shall have the powers to do all things necessary to the successful operation of the said district and the college or colleges or attendance centers located therein.

The several colleges of the said district shall be under the direction of the board of trustees and the president and under the local supervision of a dean. The board of trustees shall, by resolution or order, provide for the government, maintenance and operation of each of the colleges within the district.

The said junior college district shall have all the powers of other junior college districts or junior colleges in the State of Mississippi and the delineation and enumeration of the powers and purposes set out in Sections 37-29-401 through 37-29-437 shall be deemed to be supplemental and additional and shall not be construed to restrict the powers of the governing authorities of the district or of any college located therein so as to deny to the said district and the colleges therein the rights, privileges and powers enjoyed by other junior colleges and junior college districts in the State of Mississippi.

The said junior college district shall remain subject to the jurisdiction and control of the Mississippi Community College Board as now established or as the same may be hereafter changed by law, and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-401 through 37-29-437.

HISTORY: Laws, 1962, ch. 381, §§ 5, 7, 14; Laws, 1968, ch. 390, § 1; Laws, 1986, ch. 434, § 9; Laws, 2014, ch. 397, § 24, eff from and after July 1, 2014.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the last paragraph.

Cross References —

Powers and duties of trustees of junior college districts generally, see §37-29-67.

Powers and duties of trustees of Copiah-Lincoln Junior College District, see §37-29-459.

Powers and duties of trustees, Meridian Junior College District, see §37-29-507.

Powers and duties of trustees, Coahoma Community College District, see §§37-29-559,37-29-563.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-29-413. Junior college attendance centers.

The Mississippi Gulf Coast Junior College District is hereby authorized and empowered to operate junior college attendance centers at Perkinston, Mississippi, in the vicinity of Gulfport and Biloxi and in the vicinity of Pascagoula and Moss Point and at such other places within the district, subject to the approval of the Mississippi Community College Board, as the board of trustees shall determine to be in the best interest of the district.

HISTORY: Laws, 1962, ch. 381, § 7; Laws, 1986, ch. 434, § 10; Laws, 2014, ch. 397, § 25, eff from and after July 1, 2014.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges.”

Cross References —

Mississippi Community College Board generally, §§37-4-1 et seq.

Junior college attendance centers generally, see §37-29-69.

§ 37-29-415. Preparation of budget.

The board of trustees of the Mississippi Gulf Coast Junior College District shall, on or before the fifteenth day of June each year, prepare and file the annual budget of the district. The said budget shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized. Funds derived from the levy for capital outlay shall be kept in a separate account and expended for capital outlay purposes only.

HISTORY: Laws, 1962, ch. 381, § 5; Laws, 1968, ch. 390, § 1.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Preparation of budgets of junior college districts generally, see §37-29-71.

Preparation of budget of Copiah-Lincoln Junior College District, see §37-29-463.

Preparation of budget, Meridian Junior College District, see §37-29-511.

Preparation of budget, Coahoma Community College District, see §37-29-561.

§ 37-29-417. Execution of oil, gas and mineral leases.

The trustees of the Mississippi Gulf Coast Junior College District are authorized to execute oil, gas and mineral leases on any of the property of the district but such leases shall not extend for a term beyond five years unless oil, gas or other minerals shall be in production under said leases at the expiration of said period. The terms and conditions of said lease, within the limitations above set out, shall be for the determination and within the discretion of the trustees.

HISTORY: Laws, 1962, ch. 381, § 12.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Execution of oil, gas and mineral leases by trustees of junior college districts generally, see §37-29-73.

§ 37-29-419. Sales of surplus real and personal property.

When any land or other property owned by the Mississippi Gulf Coast Junior College District shall cease to be used or needed by the district, the same may be sold by the board of trustees upon sealed bids after three weeks’ advertisement in a newspaper in the county where the said property is located. Personal property having a value determined by the board of less than Five Hundred Dollars ($500.00) may be sold without such advertisement; however, in such event notice shall be posted in at least three public places in the county where such property is situated or where it is to be sold, giving notice of the time and place of such sale, and such property shall be sold to the highest and best bidder for cash. Such notice shall be posted for ten days before the sale.

HISTORY: Laws, 1962, ch. 381, § 13.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Sales of surplus real and personal property by trustees of junior college districts generally, see §37-29-75.

§ 37-29-421. Transportation of pupils.

The Mississippi Gulf Coast Junior College District is charged with the responsibility for providing pre-professional courses, liberal arts, technical, vocational, and adult education courses and shall undertake to provide the same as conveniently as is possible to the residents of the district and to this end the board of trustees is authorized and empowered to transport such students as, in its discretion, should be transported in the best interest of the district.

HISTORY: Laws, 1962, ch. 381, § 9.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transportation of pupils of junior college districts generally, see §37-29-79.

Transportation of pupils, Copiah-Lincoln Junior College District, see §37-29-467.

Transportation of pupils, Coahoma Community College District, see §37-29-565.

§ 37-29-423. Fees and tuition.

The Mississippi Gulf Coast Junior College District, in the discretion of the board of trustees, may charge fees and tuitions in accordance with Section 37-103-25.

HISTORY: Laws, 1962, ch. 381, § 11; Laws, 2003, ch. 364, § 3, eff from and after July 1, 2003.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2003 amendment added “in accordance with Section 37-103-25.”

Cross References —

Fees and tuition of junior college districts generally, see §37-29-81.

§ 37-29-425. Borrowing in anticipation of taxes.

The board of trustees of the Mississippi Gulf Coast Junior College District may borrow money in anticipation of taxes not to exceed fifty percent (50%) of the previous year’s ad valorem tax receipts for the purpose of paying any expenses authorized by law for the operation, maintenance and support of the colleges. The loan shall be evidenced by note or notes bearing the signature of the president and of the secretary of the board of trustees and the seal of the college shall be thereon impressed. Said notes shall mature not later than the first day of April next thereafter and the same shall not bear interest in excess of that allowed in Section 75-17-105, Mississippi Code of 1972.

HISTORY: Laws, 1962, ch. 381, § 10; Laws, 1981, ch. 533, § 1; Laws, 1982, ch. 434, § 16; Laws, 1983, ch. 541, § 21, eff from and after passage (approved April 25, 1983).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Borrowing in anticipation of taxes by trustees of junior college districts generally, see §37-29-101.

Rate of interest which notes described in this section must bear, see §75-17-105.

§ 37-29-427. Utilization of available funds for commencement of projects for which bonds have been authorized.

In the event that bonds shall have been authorized for projects determined by the board of trustees of the Mississippi Gulf Coast Junior College District and such bonds validated, the board of trustees is authorized to utilize any available funds for the immediate commencement of such project and to reimburse the funds from which any such expenditures are made from the proceeds of the bonds when the same are received.

HISTORY: Laws, 1962, ch. 381, § 10.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Utilization by trustees of junior college districts of available funds to commence projects for which bonds have been authorized generally, see §37-29-105.

§ 37-29-429. Issuance of bonds; authorized purposes; resolution of board of trustees; election pursuant to board’s request.

When the board of trustees of the Mississippi Gulf Coast Junior College District shall determine that it is necessary to procure additional funds by issuance of bonds for the purpose of making capital outlays for the construction and equipping of buildings, athletic fields, other structures, and related facilities, or for making repairs or providing funds for use in conjunction with funds provided by or available from any governmental, public or private source by loan, donation, matching program or grant, it may adopt a resolution declaring the necessity for said funds, that the same are unavailable from other sources and declare the purpose for which said funds are required and to be expended which purposes may, in addition to the foregoing, include any and all of the purposes for which school district bonds may be issued. In its said resolution the board of trustees shall determine and adjudge that the said bonds when issued will not result in the imposition on the property of the district of an indebtedness of more than five percent of the assessed valuation of the taxable property in the junior college district for junior college purposes, according to the latest completed assessment for taxation, shall specify the maximum amount in which said bonds may be issued, give the general proposed schedule of maturities and the details with respect to said bonds. In all matters where not otherwise herein provided the said bonds shall conform to the provisions of law governing school district bonds. Upon request of the board of trustees the clerk of the chancery court of each county shall furnish his certificate showing the totals of the latest completed assessment for taxation of all taxable property of the county, including motor vehicles.

Said resolution may call upon the boards of supervisors of the several counties to require an election to be called to determine whether or not the said bonds shall be issued or it may, in the discretion of said board of trustees, determine to issue the said bonds unless protest shall be filed and an election called pursuant thereto as set out in Section 37-29-431. In the event that the board of trustees shall determine to cause an election to be called as above mentioned, the election shall be held and the results thereof ascertained and given effect in the manner as is set out in Section 37-29-431 and provided for in cases where an election is called upon the petition of twenty percent (20%) of the qualified electors of the county.

Prior to its resolution determining to issue said bonds or call an election thereon, the board of trustees of the junior college district shall inform the board of supervisors of each of the counties of its proposal and may be required, by the board of supervisors of any county, to cause to be made a survey, by one or more impartial experts, of the building needs of the district, setting out the same in the order of priority. If such a survey has been conducted within the past twenty-four (24) months a new one shall not be required but the board of supervisors for the several counties shall be furnished with copies of the survey.

HISTORY: Laws, 1962, ch. 381, § 6.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Issuance of bonds by trustees of junior college districts generally, see §§37-29-101 et seq.

§ 37-29-431. Issuance of bonds, procedure where board of trustees elects itself not to cause an election to be held.

If the board of trustees of the Mississippi Gulf Coast Junior College District shall not elect itself to cause an election to be held, it shall immediately upon the adoption of the resolution mentioned in Section 37-29-429 certify the same to the boards of supervisors of each county and immediately cause notice of the proposed issuance of said bonds to be published once a week for three (3) consecutive weeks in each of the four (4) counties of the district in a newspaper having general circulation therein. Said notice shall state that the determination to issue said bonds has been made by the board of trustees and the same will be issued unless, within thirty (30) days after the first publication of said notice, a petition signed by at least ten percent (10%) or twenty-five hundred (2500), whichever is less, of the qualified electors of the county shall be filed with the board of supervisors of the county protesting against the issuance of said bonds and seeking an election with respect thereto. If no protest be filed, the clerk of the board of supervisors shall immediately so certify to the secretary of the board of trustees of the junior college district and the said bonds may be then issued as proposed.

If ten percent (10%) or twenty-five hundred (2500), whichever is less, of the qualified electors of any of the counties shall file their protest with the clerk of the board of supervisors of the county demanding an election on the issuance of said bonds, the board of supervisors shall promptly meet and consider said petition. If the said board shall find the petition to be sufficient, it shall enter an order directing the election commission of said county to cause an election to be held in the said county, fixing the date therefor in the order, to determine whether or not bonds shall be issued for the purposes set out in the resolution of the board of trustees and in the maximum amount therein provided. It shall thereupon become the duty of the election commissioners of the county to hold said election on the date fixed by the board of supervisors. Said election shall be held as nearly as is practicable in accordance with the laws governing general elections, and three (3) weeks notice of said election shall be given by publication in a newspaper having general circulation in the county. The ballot used shall substantially describe the bond issue proposal and electors shall be permitted to vote for the bond issue or against the bond issue.

Within three (3) days, Sundays and legal holidays excluded, after the holding of said election, the election commissioners shall certify to the board of trustees of the junior college district and to the board of supervisors of the county the result of said election. If after all of the elections have been held in the counties where the same have been called and the results thereof duly certified, the board of trustees shall determine that the majority of the qualified electors voting in any two (2) counties of the district, one (1) of which shall border on the Gulf of Mexico, shall have voted for the said bond issue, then the said bonds may be issued; otherwise the said bonds shall not be issued as proposed.

If an election on the issuance of the bonds shall have been called in any county and it shall appear that no elections are being called in other counties or in a sufficient number of counties to result in an effective election, then the board of supervisors of the county having called the election may give notice of the cancellation thereof at any time prior to the actual date of said election.

HISTORY: Laws, 1962, ch. 381, § 6; Laws, 1980, ch. 554, eff from and after July 1, 1980.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Issuance of bonds by trustees of junior college districts, generally, see §§37-29-101 et seq.

§ 37-29-433. Issuance of bonds; validation and sale.

If it shall be determined to proceed with the issuance of the said bonds the same may be validated and sold as other bonds of the county or counties except that the sale shall be made by the board of trustees of the Mississippi Gulf Coast Junior College District and the validation proceedings may be held before the chancery court of any county of the district. Notice of the validation herein shall, however, be published as provided by law in each of the counties of the district.

HISTORY: Laws, 1962, ch. 381, § 6.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

§ 37-29-435. Bonds issued are full faith and credit bonds of District; levy of tax.

All bonds issued by authority of Sections 37-29-401 through 37-29-437 shall be full faith and credit bonds of the Mississippi Gulf Coast Junior College District. It shall be the duty of the board of trustees to request and the county board of supervisors to levy annually a tax on all of the taxable property of each county in the district sufficient to meet the principal and interest falling due on said bonds during the year for which said taxes are levied.

HISTORY: Laws, 1962, ch. 381, § 6.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

§ 37-29-437. Taxation.

After the budget shall have been prepared as is provided for in Section 37-29-415, the board of trustees of the Mississippi Gulf Coast Junior College District shall certify the same in writing to the boards of supervisors of the several counties and shall certify to the said boards of supervisors the number of mills of ad valorem taxation required to make provisions for the revenue required in said budget. It shall thereupon become the duty of the board of supervisors of each of the four counties to levy the taxes in the number of mills specified by the board of trustees. The tax levy for maintenance and operation of the district shall not exceed four mills nor shall the levy for capital outlay, including purchase of lands, construction and equipment of buildings and structures, making of major repairs, and for the retirement of bonds, exceed three mills.

Promptly upon having certified the requirements of the district to the several boards of supervisors the board of trustees of the district shall cause publication of notice to be made in each county in a newspaper published or having general circulation therein giving notice of the filing of the request for the levy aforesaid. Said notice shall be published at least one time and within ten days after the certification of the request for such levy to the boards of supervisors. The said notice shall provide that the said levy requested will be made in each county unless a petition signed by twenty percent (20%) of the qualified electors of the district shall be filed with the secretary of the board of trustees of the said district within thirty (30) days from the date of the first publication protesting against the said levy and demanding an election thereon. In the event of the filing of such a petition, it shall be the duty of the secretary forthwith to call a special meeting of the board of trustees of the district setting forth the fact of the filing of such petition in the notice of the call and the said board shall promptly meet and consider the said petition. If it shall find that the same does in fact protest against the said levies and is in fact signed by at least twenty percent (20%) of the qualified electors of the said district, it shall then so certify to the boards of supervisors of the several counties. As early as possible but not later than fifteen (15) days after the receipt of such notice, it shall be the duty of the board of supervisors of each county to enter an order directing the election commissioners of the county to proceed to hold an election in all of the voting precincts of said county to determine whether or not the levy shall be made as requested by the board of trustees of the district.

The said election shall be held within thirty (30) days from the date of the said order of the board of supervisors requesting that the same be called and notice thereof shall be published once a week for three (3) weeks during the period between the order directing the election commissioners to hold the same and the actual date thereof.

The election shall be held in accordance with the laws governing general elections as nearly as is practicable and the election commissioners of each county shall, promptly after the holding of said election, certify to the secretary of the board of trustees of the district the result thereof in each county, certifying also the number of qualified electors in each county on the date of the holding of said election. The board of trustees of the district shall promptly meet and consider the several certificates of the election commissioners and shall determine the result of said election in the district. If it shall be determined that a majority of the qualified electors of the district have voted against the levy requested, the same shall not be made but the board of supervisors in each county shall continue in effect the levy made for the preceding fiscal year. If it be determined that a majority of the qualified electors has not voted against said levy, it shall be the duty of the board of supervisors of each county to make the levy as requested. In any event, the levy for full faith and credit bonds outstanding as obligations of the county before May 10, 1962, for capital outlays and improvements for Perkinston Junior College and/or bonds subsequently issued shall be continued in effect in accordance with the obligations undertaken in the issuance of said bonds. All of such bond levies, however, as are reasonably required to meet the annual maturities and interest on outstanding bonds shall be considered a part of the three mill maximum above provided for capital outlays, buildings, purchase of land and other similar items hereinbefore mentioned.

HISTORY: Laws, 1962, ch. 381, § 5; Laws, 1968, ch. 390, § 1.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Levy of taxes in junior college districts generally, see §§37-29-141 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Taxes levied for the Mississippi Gulf Coast Community College Maintenance and Capital Funds and taxes levied for the Child Development Center are not county funds and, thus, are not eligible to be pledged to fund the debt service resulting from a redevelopment plan. McAdams, March 31, 2000, A.G. Op. #2000-0168.

Copiah-Lincoln Junior College District

§ 37-29-451. Copiah-Lincoln Junior College District created.

There is hereby created the Copiah-Lincoln Junior College District comprised of the territory lying within Adams, Copiah, Franklin, Jefferson, Lawrence, Lincoln and Simpson Counties and having boundaries coinciding with the external boundaries thereof. The said district shall be and is hereby constituted a legal political governmental subdivision and a body corporate. The board of trustees of said district, with the consent of the Mississippi Community College Board, is hereby empowered to change the name of the district.

HISTORY: Laws, 1975, ch. 301, § 1; Laws, 2014, ch. 397, § 69, eff from and after July 1, 2014.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “Junior College Commission.”

Cross References —

Creation of junior college districts generally, see §37-29-31.

§ 37-29-453. President.

The Copiah-Lincoln Junior College District shall be under the executive direction of a president elected by the board of trustees of said district for a term not to exceed four (4) years.

HISTORY: Laws, 1975, ch. 301, § 2, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Office of president of junior colleges generally, see §37-29-61.

President of the Mississippi Gulf Coast Junior College District, see §37-29-405.

§ 37-29-455. Powers of the president.

The president of the junior college shall have the power to recommend to the trustees all teachers to be employed; and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers; however, the board may make provisions and establish policies for leave for faculty members and other key personnel.

The president shall have the authority, subject to the provisions of Sections 37-29-451 through 37-29-471 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

HISTORY: Laws, 1975, ch. 301, § 3, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Powers of presidents of junior colleges generally, see §37-29-63.

Powers of the president, Mississippi Gulf Coast Junior College District, see §37-29-407.

Powers of president, Mississippi Gulf Coast Junior College District, see §37-29-407.

Powers of president Meridian Junior College District, see §37-29-509.

Powers of president, Coahoma Community College District, see §37-29-555.

§ 37-29-457. Selection of trustees; terms [Effective until July 1, 2019].

  1. The operation and control of the Copiah-Lincoln Junior College District shall be vested in a board of trustees representing the seven (7) counties lying within the district. The said board shall consist of twenty-seven (27) members to be chosen as follows:
    1. Copiah County shall be entitled to six (6) members who shall be elected and serve according to Section 37-29-65.
    2. Lincoln County shall be entitled to six (6) members who shall be elected and serve according to Section 37-29-65.
    3. Lawrence County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.
    4. Franklin County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.
    5. Simpson County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.
    6. Jefferson County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.
    7. Adams County shall be entitled to six (6) members who shall be elected from the residents of said county by the board of supervisors of Adams County within thirty (30) days of February 4, 1975; and one (1) such member shall be the superintendent of the special municipal separate school district which encompasses Adams County.

      The terms of office for the members shall be five (5) years. However, upon the first selection of trustees in the county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member in any one (1) year. The members elected from Adams County shall have like qualifications and receive the same compensation as the members from other counties as provided by Section 37-29-65.

    8. There shall be one (1) member of the board of trustees who shall be elected by the members of the said board of trustees from among the residents of the Copiah-Lincoln Junior College District. Said member so chosen shall serve a five (5) year term and have the same powers and duties as the other board members.
  2. Except as provided in subsection (g) of this section, persons who are currently serving as members of the board of trustees of the Copiah-Lincoln Junior College District shall complete their terms without interruption.

HISTORY: Laws, 1975, ch. 301, § 4, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Selection, number, terms, and compensation of trustees of junior college districts generally, see §37-29-65.

Selection of trustees, Mississippi Gulf Coast Junior College, see §37-29-409.

§ 37-29-457. Selection of trustees; terms [Effective July 1, 2019].

  1. The operation and control of the Copiah-Lincoln Junior College District shall be vested in a board of trustees representing the seven (7) counties lying within the district. The said board shall consist of twenty (20) members to be chosen as follows:
    1. Copiah County shall be entitled to five (5) members who shall be elected and serve according to Section 37-29-65.
    2. Lincoln County shall be entitled to five (5) members who shall be elected and serve according to Section 37-29-65.
    3. Lawrence County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.
    4. Franklin County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.
    5. Simpson County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.
    6. Jefferson County shall be entitled to one (1) member who shall be elected and serve according to Section 37-29-65.
    7. Adams County shall be entitled to five (5) members who shall be elected from the residents of said county by the board of supervisors of Adams County within thirty (30) days of February 4, 1975.

      The terms of office for the members shall be five (5) years. However, upon the first selection of trustees in the county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member in any one (1) year. The members elected from Adams County shall have like qualifications and receive the same compensation as the members from other counties as provided by Section 37-29-65.

    8. There shall be one (1) member of the board of trustees who shall be elected by the members of the said board of trustees from among the residents of the Copiah-Lincoln Junior College District. Said member so chosen shall serve a five -year term and have the same powers and duties as the other board members.
  2. Except as provided in paragraph (g) of this subsection (1), persons who are currently serving as members of the board of trustees of the Copiah-Lincoln Junior College District shall complete their terms without interruption.

HISTORY: Laws, 1975, ch. 301, § 4, eff from and after passage (approved February 4, 1975); Laws, 2019, ch. 479, § 2, eff from and after July 1, 2019.

§ 37-29-459. General powers and duties of trustees.

The President and the Board of Trustees of the Copiah-Lincoln Junior College District shall have the powers to do all things necessary for the successful operation of said district and the campuses located therein.

The several colleges of the district shall be under the direction of the board of trustees and the president. The board of trustees shall, by resolution or order, provide for the government, maintenance and operation of each campus of the district.

The President and the Board of Trustees of the Copiah-Lincoln Junior College District shall have the same powers as the presidents and trustees of other junior colleges in the State of Mississippi.

The delineation and enumeration of the powers and purposes set out in Sections 37-29-451 through 37-29-471 shall be deemed to be supplemental and additional and shall not be construed to restrict the powers of the governing authorities of the district or of any college or campus located therein so as to deny any of the rights, privileges and powers enjoyed by other junior colleges and junior college districts in the State of Mississippi.

The said Copiah-Lincoln Junior College District shall remain subject to the jurisdiction and control of the Mississippi Community College Board as now established or as the same may be hereafter changed by law, and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-451 through 37-29-471.

HISTORY: Laws, 1975, ch. 301, § 5; Laws, 1986, ch. 434, § 11; Laws, 2014, ch. 397, § 26, eff from and after July 1, 2014.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the last paragraph.

Cross References —

Powers and duties of trustees of junior college districts generally, see §37-29-67.

Powers and duties of trustees of Mississippi Gulf Coast Junior College, see §37-29-411.

Powers of president, Copiah-Lincoln Junior College District, see §37-29-455.

Powers and duties of trustees, Meridian Junior College district, see §37-29-507.

Powers and duties of trustees, Coahoma Community College District, see §§37-29-559,37-29-563.

Mississippi Community College Board generally, see §§37-4-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The board of trustees of the Copiah-Lincoln Community College District has authority to adopt a policy governing the handling of records which are confidential under state or federal law. Henley, July 18, 2005, A.G. Op. 05-0351.

§ 37-29-461. Campuses.

There shall be two (2) campuses in the Copiah-Lincoln Junior College District: one (1) located in or near Natchez to be known as the Natchez Campus, and the other in or near Wesson to be known as the Copiah-Lincoln Campus.

HISTORY: Laws, 1975, ch. 301, § 6, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Junior college attendance centers generally, see §37-29-69.

§ 37-29-463. Preparation of budget.

The board of trustees of the Copiah-Lincoln Junior College District shall each year, on or before June 15, prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance, and shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized.

HISTORY: Laws, 1975, ch. 301, § 7, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Preparation of budgets of junior college districts generally, see §37-29-71.

Preparation of budget, Mississippi Gulf Coast Junior College District, see §37-29-415.

Preparation of budget, Meridian Junior College District, see §37-29-511.

§ 37-29-465. Purchase of property; capital improvements; lease of facilities.

The board of trustees of the Copiah-Lincoln Junior College District shall have the authority to purchase property, make capital improvements, and lease or use private or public facilities at either the Copiah-Lincoln or Natchez Campuses, in the discretion of the board.

HISTORY: Laws, 1975, ch. 301, § 8, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

§ 37-29-467. Transportation of pupils.

The Copiah-Lincoln Junior College District is charged with the responsibility for providing preprofessional courses, liberal arts, technical, vocational and adult education courses, and shall undertake to provide the same as conveniently as is possible to the residents of the district, and to this end the board of trustees is authorized and empowered to transport such students as, in its discretion, should be transported in the best interest of the district.

HISTORY: Laws, 1975, ch. 301, § 9, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transportation of pupils of junior college districts generally, see §37-29-79.

Transportation of pupils, Mississippi Gulf Coast Junior College District, see §37-29-421.

Transportation of pupils, Coahoma Community College District, see §37-29-565.

§ 37-29-469. Borrowing of money; taxation.

The board of trustees of the Copiah-Lincoln Junior College District shall have the general borrowing and bonding authority provided in Sections 37-29-101 through 37-29-127. The said board of trustees shall have the taxation authority provided in Sections 37-29-141 through 37-29-145.

HISTORY: Laws, 1975, ch. 301, § 10, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Borrowing of money in junior college districts generally, see §§37-29-101 et seq.

Levy of taxes in junior college districts generally, see §§37-29-141 et seq.

§ 37-29-471. Transfer of property to junior college district.

All of the property belonging to the board of trustees of Copiah-Lincoln Junior College and all of the property belonging to any or all of the counties, prior to and as of the effective date hereof, cooperating in the Copiah-Lincoln Junior College or the agricultural high school-junior college located at Wesson, Mississippi or the campus in Adams County, Mississippi, and utilized or held for the present or future use and benefit of said junior college and/or agricultural high school-junior college, shall be and the same is hereby transferred to and vested in the Copiah-Lincoln Junior College District as created by Sections 37-29-451 through 37-29-471.

HISTORY: Laws, 1975, ch. 301, § 11, eff from and after passage (approved February 4, 1975).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transfer of property of existing institutions boards of trustees of junior colleges generally, see §37-29-33.

Transfer of property to Meridian Junior College District, see §37-29-503.

Transfer of property to Coahana Community College District, see §37-29-569.

Meridian Junior College District

§ 37-29-501. Meridian Junior College District created.

There is hereby created a junior college district comprised of the territory lying within the Meridian Municipal Separate School District and having boundaries coinciding with the external boundaries thereof. The name of the said junior college district shall be the Meridian Junior College District and the said district shall be and the same is hereby constituted a legal political governmental subdivision and a body corporate.

HISTORY: Laws, 1980, ch. 428, § 1, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Creation of junior college districts, generally, see §37-29-31.

§ 37-29-503. Transfer of property to district.

All of the property owned by the Meridian Municipal Separate School District utilized by Meridian Junior College as of September 1, 1979, shall be and the same is hereby transferred to and vested in the board of trustees of the Meridian Junior College District and their successors in office.

HISTORY: Laws, 1980, ch. 428, § 2, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transfer of property of existing institutions to boards of trustees of junior colleges generally, see §37-29-33.

Transfer of property to Mississippi Gulf Coast Junior College District, see §37-29-403.

Transfer of property to Copiah-Lincoln Junior College District, see §37-29-471.

Transfer of property, Coahoma Community College District, see §37-29-569.

§ 37-29-505. Board of trustees; terms of office; vacancies.

The control and operation of the Meridian Junior College District shall be vested in a board of trustees appointed by the city council of the City of Meridian. The board of trustees of the Meridian Junior College District shall consist of five (5) members. When the initial appointments are made, the first appointee shall serve for a term of one (1) year, the second appointee for a term of two (2) years, the third appointee for a term of three (3) years, the fourth appointee for a term of four (4) years and the fifth appointee for a term of five (5) years; thereafter all appointments shall be for a term of five (5) years. Trustees of the Meridian Junior College District shall be appointed by a majority vote of the full membership of the city council of the City of Meridian at the first meeting of the council held in the month of February of each year, and the term of office of each trustee so appointed shall commence on the first Saturday of March following, except that the existing trustees of the Meridian Municipal Separate School District as of April 30, 1980, shall constitute the initial board of trustees of the Meridian Junior College District. As the terms of these individual trustees expire, trustees for the Meridian Junior College District shall be appointed as provided herein. All vacancies shall be filled for unexpired terms by appointment by majority vote of the full membership of the city council.

HISTORY: Laws, 1980, ch. 428, § 3, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Selection and compensation of trustees of junior college districts, generally, see §37-29-63.

Number of trustees for junior colleges in general, see §37-29-65.

§ 37-29-507. General powers and duties of trustees.

  1. The Board of Trustees of the Meridian Junior College District shall have the power to do all things necessary for the successful operation of the district; and, the duties of such board shall be the general government of the district and the direction of the administration thereof.
  2. The Meridian Junior College District shall have all the powers of other junior colleges and junior college districts in the State of Mississippi; and, the delineation and enumeration of the powers and purposes set out in Sections 37-29-501 through 37-29-515 shall not be construed to restrict the powers of the governing authorities of the district so as to deny to the district any of the rights, privileges and powers enjoyed by other junior colleges and junior college districts in the State of Mississippi.
  3. The Meridian Junior College District shall remain subject to the jurisdiction and control of the Mississippi Community College Board as now established or as the same may be hereafter changed by law and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-501 through 37-29-515.

HISTORY: Laws, 1980, ch. 428, § 4; Laws, 1986, ch. 434, § 12; Laws, 2014, ch. 397, § 27, eff from and after July 1, 2014.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (3).

Cross References —

Powers and duties of trustees of junior college districts, generally, see §37-29-67.

Powers and duties of trustees of Mississippi Gulf Coast Junior College District, see §37-29-411.

Powers and duties of trustees of Copiah-Lincoln Junior College District, see §37-29-459.

Powers and duties of trustees of Coahoma Community college District, see §§37-29-559,37-29-563.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-29-509. President; powers and duties.

  1. The Meridian Junior College District shall be under the executive direction of a president elected by the board of trustees of such district.
  2. The president of the community college shall be general manager of all fiscal and administrative affairs of the district with full authority to select, employ, direct and discharge any and all employees other than faculty. He shall have the power to recommend to the board of trustees all faculty to be employed, and he may remove or suspend any member of the faculty subject to the approval of the board of trustees. The president shall have the authority, subject to the approval of the board of trustees, to arrange and survey courses of study, fix schedules and establish and enforce rules and discipline for the governing of faculty and students. He shall be the general custodian of the property of the district.

HISTORY: Laws, 1980, ch. 428, § 5, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Presidents of junior colleges, generally, see §37-29-61.

Powers of president, Mississippi Gulf Coast Junior College District, see §37-29-407.

Powers of president, Copiah-Lincoln Junior College District, see §37-29-455.

Powers an duties of president, Coahoma Community College District, see §37-29-555.

§ 37-29-511. Preparation of budget.

The board of trustees of the Meridian Junior College District shall on or before the twenty-fifth day of June each year prepare and file the annual budget of the district. The budget shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance and shall set forth reasonable requirements for anticipated needs for capital outlays for land, buildings, equipment and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized. Funds derived from the levy for capital outlay shall be kept in a separate account and expended for capital outlay purposes only.

HISTORY: Laws, 1980, ch 428, § 6, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Preparation of budgets for junior college districts, generally, see §37-29-71.

Preparation of budget, Mississippi Gulf Coast Junior College District, see §37-29-415.

Preparation of budget, Copiah-Lincoln Junior College District, see §37-29-463.

Preparation of budget, Coahoma Community College District, see §37-29-561.

§ 37-29-513. Tax levy for maintenance of Meridian Junior College District.

After the annual budget has been prepared, the board of trustees of the Meridian Junior College District shall certify the same in writing to the city council of the City of Meridian and shall certify to the number of mills of ad valorem taxation required to make provisions for the revenue required in said budget. It shall thereupon become the duty of the City of Meridian to levy taxes upon the Meridian Junior College District in the amount specified by the board of trustees. The tax levy for maintenance and operation of the Meridian Junior College District shall not exceed three (3) mills nor shall the levy for construction exceed an additional three (3) mills.

HISTORY: Laws, 1980, ch. 428, § 7, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Homestead exemption from certain taxes levied to support junior college districts, see §27-33-3.

Levy of taxes in junior college districts, generally, see §§37-29-141 et seq.

§ 37-29-515. Receipt and expenditure of tax revenues.

On or before the thirtieth day of each month, the city council of the City of Meridian shall transmit warrants constituting all of the revenues received from taxation for the prior month for purposes of support of the Meridian Junior College District to the president of the Meridian Junior College. Such warrant or warrants shall bear indication of revenues received for general support and maintenance and revenues received for capital outlay purposes. All such warrants evidencing income from the authorized tax levies shall be deposited forthwith in one (1) or more banking institutions and public depositories previously selected by the board of trustees of the Meridian Junior College District and spread upon its official minutes. Such funds shall be paid out of the depository by order of the board of trustees for lawful purposes only.

HISTORY: Laws, 1980, ch. 428, § 8, eff from and after passage (approved April 30, 1980).

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Receipt and expenditure of tax revenues by junior college districts, generally, see §37-29-143.

Coahoma Community College District

§ 37-29-551. Coahoma Community College District; creation; boundaries.

There is hereby created the Coahoma Community College District comprised of the territory lying within Coahoma County, Tunica County, Quitman County, Bolivar County and Tallahatchie County, and having boundaries coinciding with the external boundaries thereof. The district shall be, and is hereby constituted, a legal political governmental subdivision and a body corporate.

HISTORY: Laws, 1995, ch. 605, § 1, eff from and after July 1, 1995.

Editor’s Notes —

Laws of 2018, ch. 307, § 1, effective March 5, 2018, provides in part:

“(1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning and Delta State University, is authorized to donate, transfer and convey for no consideration to the Board of Trustees of Coahoma Community College, for the use and benefit of the Coahoma County Higher Education Center, certain real property known as the “Cutrer Mansion lot,” “St. Elizabeth School lot,” and “St. Elizabeth Gymnasium lot.” The real property is located in Coahoma County, Mississippi and is more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 307, Laws of 2018.]

“(2) The Board of Trustees of Coahoma Community College shall be responsible for the management and upkeep of the property described in subsection (1), as well as any facilities thereon and any improvements that may be constructed on the site.

“(3) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to convey the property described in subsection (1) subject to the following conditions:

“(a) That the property shall be used for the purposes of providing higher education, workforce training, and/or other continuing education opportunities to the public. The Board of Trustees of Coahoma Community College shall ensure that the Coahoma County Higher Education Center carries out these purposes;

“(b) That the property shall revert to the Department of Finance and Administration in the event that the Board of Trustees of Coahoma Community College should operate the Coahoma County Higher Education Center contrary to the purposes set forth in paragraph (a) of this subsection; and

“(c) That the property shall revert to the Department of Finance and Administration in the event that the Board of Trustees of Coahoma Community College abandons or attempts to sell or transfer all or a portion of such property to another entity.

“(4) The Department of Finance and Administration shall have the authority to correct any discrepancies in the property descriptions provided in subsection one (1) of this section.

“(5) The State of Mississippi shall retain all mineral rights to the real property conveyed and transferred under this section.”

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 6, 7.

§ 37-29-553. President; election by trustees of district; term not to exceed four years.

The Coahoma Community College District shall be under the executive direction of a president elected by the board of trustees of the district for a term not to exceed four (4) years.

HISTORY: Laws, 1995, ch. 605, § 2, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 9.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26.

§ 37-29-555. President’s powers and authority.

The president of the community college shall have the power to recommend to the trustees all teachers to be employed; and he may remove or suspend any member of the faculty subject to the approval of the trustees. He shall be the general manager of all fiscal and administrative affairs of the district with full authority to select, direct, employ and discharge any and all employees other than teachers; however, the board may make provisions and establish policies for leave for faculty members and other key personnel.

The president shall have the authority, subject to the provisions of Sections 37-29-551 through 37-29-569 and the approval of the trustees, to arrange and survey courses of study, fix schedules, and establish and enforce rules and discipline for the governing of teachers and students. He shall be the general custodian of the property of the district.

HISTORY: Laws, 1995, ch. 605, § 3, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Powers of presidents of junior colleges generally, see §37-29-63.

Powers of the president Mississippi Gulf Coast Junior College District, see §37-29-407.

Powers of the president, Copiah-Lincoln Junior College District, see §37-29-455.

Powers of the president, Meridian Junior College District, see §37-29-555.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 4.

CJS.

14A C.J.S., Colleges and Universities §§ 4, 5, 14, 15.

§ 37-29-557. Operation and control of district vested in board of trustees; area represented; number and selection.

The operation and control of the Coahoma Community College District shall be vested in a board of trustees representing the counties lying within the district. The board shall consist of fourteen (14) trustees selected in the manner provided in Section 37-29-65(4), Mississippi Code of 1972.

HISTORY: Laws, 1995, ch. 605, § 4 eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 9.

CJS.

14A C.J.S., Colleges and Universities §§ 10, 11.

§ 37-29-559. President and Board of Trustees, powers; authority of Mississippi Community College Board.

The President and the Board of Trustees of the Coahoma Community College District shall have the powers to do all things necessary for the successful operation of the district and the campuses located therein.

The college of the district shall be under the direction of the board of trustees and the president. The board of trustees shall, by resolution or order, provide for the government, maintenance and operation of the campus of the district.

The President and the Board of Trustees of the Coahoma Community College District shall have the same powers as the presidents and trustees of other community colleges in the State of Mississippi.

The delineation and enumeration of the powers and purposes set out in Sections 37-29-551 through 37-29-569 shall be deemed to be supplemental and additional and shall not be construed to restrict the powers of the governing authorities of the district or of any college or campus located therein so as to deny any of the rights, privileges and powers enjoyed by other community/junior colleges and community/junior college districts in the State of Mississippi.

The Coahoma Community College District shall remain subject to the jurisdiction of the Mississippi Community College Board as now established or as the same may be hereafter changed by law, and shall be subject to all rules and regulations and all statutory limitations which are now in effect or may hereafter be imposed, except as the same may be in direct conflict with the provisions of Sections 37-29-551 through 37-29-569.

HISTORY: Laws, 1995, ch. 605, § 5; Laws, 2014, ch. 397, § 28, eff from and after July 1, 2014.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the last paragraph.

Cross References —

Powers and duties of trustees of junior colleges generally, see §37-29-67.

Powers and duties of trustees of Mississippi Gulf Coast Junior College District, see §37-29-411.

Powers and duties of trustees of Copiah-Lincoln Junior College District, see §37-29-459.

Powers and duties of trustees of Meridian Junior College District, see §37-29-507.

Mississippi Community College Board generally, see §§37-4-1 et seq.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 4 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 14, 15.

§ 37-29-561. Annual budget.

The Board of Trustees of the Coahoma Community College District shall each year, on or before June 15, prepare a budget which shall contain a detailed estimate of the revenues and expenses anticipated for the ensuing year for general operation and maintenance, and shall set forth the reasonable requirements for anticipated needs for capital outlays for land, buildings, initial equipment for new buildings and major repairs, a reasonable accumulation for such purposes being hereby expressly authorized.

HISTORY: Laws, 1995, ch. 605, § 6, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Preparation of budgets of junior college districts generally, see §37-29-71.

Preparation of budget, Mississippi Gulf Coast Junior College District, see §37-29-415.

Preparation of budget, Copiah-Lincoln Junior College District, see §37-29-463.

Preparation of budget, Meridian Junior College District, see §37-29-561.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 6, 10, 11.

§ 37-29-563. Board of Trustees, authority to purchase property, lease or use private or public facilities, make capital improvements.

The Board of Trustees of the Coahoma Community College District shall have the authority to purchase property, make capital improvements, and lease or use private or public facilities at the campus, in the discretion of the board.

HISTORY: Laws, 1995, ch. 605, § 7, eff from and after July 1, 1995.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 6, 7.

§ 37-29-565. District responsible for providing pre-professional, liberal arts, technical, vocational and adult education courses and to transport students.

The Coahoma Community College District is charged with the responsibility for providing preprofessional courses, liberal arts, technical, vocational and adult education courses, and shall undertake to provide the same as conveniently as is possible to the residents of the district, and to this end the board of trustees is authorized and empowered to transport such students as, in its discretion, should be transported in the best interest of the district.

HISTORY: Laws, 1995, ch. 605, § 8, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

CJS.

14A C.J.S., Colleges and Universities §§ 12-16.

§ 37-29-567. General borrowing and bonding authority; taxing authority.

The Board of Trustees of the Coahoma Community College District shall have the general borrowing and bonding authority provided in Sections 37-29-101 through 37-29-127. The board of trustees shall have the taxation authority provided in Sections 37-29-141 through 37-29-145.

HISTORY: Laws, 1995, ch. 605, § 9, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 10-12, 14, 15.

§ 37-29-569. Property transferred to District.

All of the property located in Coahoma County and belonging to the Board of Trustees of Mississippi Delta Community College prior to and as of the effective date hereof, cooperating in the Coahoma County Community College, and utilized or held for the present or future use and benefit of such community college, shall be and the same is hereby transferred to and vested in the Coahoma County Community College District as created by Sections 37-29-551 through 37-29-569.

HISTORY: Laws, 1995, ch. 605, § 10, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

Cross References —

Transfer of property of existing institutions to boards of trustees of junior colleges generally, see §37-29-33.

Transfer of property, Mississippi Gulf Coast Junior College District, see §37-29-403.

Transfer of property, Copiah-Lincoln Junior College District, see §37-29-471.

Transfer of property, Meridian Junior College District, §37-29-503.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 6, 7.

§ 37-29-571. Counties, support and maintenance of community colleges, allocation of millage.

All counties located within the Coahoma Community College District shall allocate fifty percent (50%) of any millage levied for the support and maintenance of community colleges by such county under Section 37-29-141, Mississippi Code of 1972, to the Coahoma Community College District and the remaining fifty percent (50%) of such millage to the other community college district in which such county is located. Provided, however, that Coahoma County shall allocate one hundred percent (100%) of the millage levied for the support and maintenance of community colleges to the Coahoma Community College District. Provided further, however, for the fiscal year beginning July 1, 1995, Tunica County’s allocation of any millage shall be prorated with thirty-five percent (35%) being allocated to the Coahoma Community College District and the remaining sixty-five percent (65%) being allocated to the Northwest Community College District. From and after July 1, 1996, the Tunica County millage shall be divided equally between the Coahoma Community College District and the Northwest Community College District.

HISTORY: Laws, 1995, ch. 605, § 11, eff from and after July 1, 1995.

Editor’s Notes —

Section 1, ch. 498, Laws of 1987, which amended §37-29-67 to authorize junior colleges to change their name to community colleges, provides that any reference to junior college district in Chapter 29 shall refer to the junior college district or its successor in name as changed by the board of trustees.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 6, 10, 11.

Educational Building Corporations

§ 37-29-601. Authorization and procedure for organization of nonprofit educational building corporations.

Whenever the Mississippi Community College Board shall, by a proper resolution, declare the necessity of the formation of nonprofit corporations for the purpose of acquiring or constructing facilities for community and junior colleges under its jurisdiction, any number of natural persons, not less than three (3), who are residents of the State of Mississippi may file with the Secretary of State an application in writing for authority to incorporate a public nonprofit corporation, known as an “educational building corporation.” If it shall be made to appear that each of the persons is a duly qualified resident of this state, then the persons filing such application shall be authorized, subject to the prior approval by the board of the form of the articles of incorporation and bylaws thereof, to proceed to form the corporation as provided by the general law of this state with respect to corporations organized not-for-profit except as provided in Sections 37-29-601 through 37-29-613. The Secretary of State, upon receipt of the application, shall forthwith issue a certificate of incorporation.

HISTORY: Laws, 2010, ch. 511, § 18; Laws, 2014, ch. 397, § 29, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” near the beginning of the first sentence.

Cross References —

Board of trustees of state institutions of higher learning authorized to organize nonprofit educational building corporations, see §§37-101-61.

§ 37-29-603. General powers of corporations.

Each corporation formed under the provisions of Section 37-29-601 shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

To have succession by its corporate name for the duration of time, which may be in perpetuity, specified in its certificate of incorporation;

To sue and be sued and to defend suits against it;

To make use of a corporate seal and to alter it at pleasure;

To acquire, whether by purchase, construction or gift, facilities for one or more community or junior college and land therefor;

To equip, maintain, enlarge or improve such facilities;

To lease under such terms and conditions as its board of directors may deem advisable and as shall not conflict with the provisions of Sections 37-29-601 through 37-29-613 to the Mississippi Community College Board or to such other entity as may be approved by the board subject to prior approval by the board of each issue of bonds;

To issue its bonds for the purpose of defraying the cost of acquiring, constructing, maintaining, enlarging, improving or equipping any of such facilities or land in the manner provided in Section 37-29-601;

To secure the payment of such bonds through the pledge of and lien on such revenues or other sources of income, including lease payments, entering into trust agreements, and the making of such covenants as are provided in Section 37-101-101;

To refund bonds previously issued;

To enter into contracts and agreements or do any act necessary for or incidental to the performance of its duties and the execution of its powers under Sections 37-29-601 through 37-29-613;

To accept gifts from any source whatsoever;

To appoint and employ such officers and agents, including attorneys, as its business may require; and

To provide for such insurance as its board of directors may deem advisable.

HISTORY: Laws, 2010, ch. 511, § 19; Laws, 2014, ch. 397, § 30, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (f).

Cross References —

General powers of educational building corporations formed under the provisions of §37-101-61, see §37-101-63.

§ 37-29-605. Issuance of bonds.

All bonds issued by an educational building corporation may be executed and delivered at any time and from time to time, may be in such form and denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding thirty (30) years from their date, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent with Sections 37-29-601 through 37-29-613, all as may be provided by resolution of its board of directors.The bonds issued by any such corporation shall be signed by the chairman of its board of directors or other chief executive officer and attested by its secretary, and the seal of such corporation shall be affixed thereto.Any such bonds may be sold at public or private sale in such manner and from time to time as may be determined by the board of directors to be most advantageous, and the corporation may pay all expenses, premiums and commissions which its board of directors may deem necessary or advantageous in connection with the authorization, sale and issuance of the bonds.All such bonds shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.

HISTORY: Laws, 2010, ch. 511, § 20, eff from and after passage (approved Apr. 13, 2010.).

Cross References —

Issuance of bonds by educational building corporations formed under the provisions of §37-101-61, see §37-101-65.

§ 37-29-607. Liability on bonds.

  1. All bonds issued by an educational building corporation shall be solely and exclusively obligations of the corporation and shall not create an obligation or debt of the State of Mississippi.The state shall not pledge its full faith or credit for the payment of any debt incurred or bonds issued by such corporation.
  2. All such bonds shall not constitute a debt of the community or junior college for which the facilities are to be constructed.

HISTORY: Laws, 2010, ch. 511, § 21, eff from and after passage (approved Apr. 13, 2010.).

Cross References —

Liability on bonds issued by educational building corporations formed under the provisions of §37-101-61, see §37-101-67.

§ 37-29-609. Bonds as legal investments.

All bonds issued by an educational building corporation shall be lawful investments for trusts, insurance companies, savings companies, banks and other financial institutions organized under the laws of this state.

HISTORY: Laws, 2010, ch. 511, § 22, eff from and after passage (approved Apr. 13, 2010.).

Cross References —

Bonds issued by educational building corporations formed under the provisions of §37-101-61 as legal investments, see §37-101-69.

§ 37-29-611. Declaration of necessity of formation of educational building corporation; vesting of title to facilities upon retirement of bonds.

  1. The Mississippi Community College Board is hereby authorized and empowered, in its discretion, to pass proper resolutions declaring the necessity of the formation of nonprofit educational building corporations, as set forth in Section 37-29-601.
  2. When the principal of and the interest on any bonds of an educational building corporation payable from the revenues derived from the operation of facilities owned by the corporation shall have been paid in full, then such facilities shall become the property of the community or junior college on whose campus they are located and title to the facilities shall thereupon immediately vest in the community or junior college on whose campus they are located.

HISTORY: Laws, 2010, ch. 511, § 23; Laws, 2014, ch. 397, § 31, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (1).

Cross References —

Vesting of title to facilities upon retirement of bonds issued by educational building corporations formed under the provisions of §37-101-61, see §37-101-71.

§ 37-29-613. Powers of educational building corporations as to payment of bonds.

The educational building corporations authorized under Sections 37-29-601 through 37-29-613, in connection with the issuance of the bonds in order to secure the payment of such bonds and interest thereon, shall have power by resolutions:

To fix and maintain fees, rentals and other charges to be paid by students, faculty members and others using or being served by facilities for which bonds are issued under Sections 37-29-601 through 37-29-613; however, in fixing such fees, rentals and other charges, there may be allowed reasonable differentials based on the condition, type, location and relative convenience of the facilities in question, but the differentials shall be uniform as to all such students or faculty members and others similarly accommodated;

To provide that bonds issued shall be secured by a first, exclusive and closed lien on, and shall be payable from, all or any part of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members or others using or being served by any facilities operated at the community or junior college, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise, and not theretofore so pledged;

To pledge and assign to, or in trust for the benefit of the holder or holders of any bond or bonds, coupon or coupons so issued, an amount of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members, or others using or being served by any facilities operated at any community or junior college, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise, and not theretofore so pledged, and the rentals, fees and charges imposed and pledged pursuant to the terms of this section shall be sufficient to pay when due the bonds so issued and interest thereon, to create and maintain a reasonable reserve therefor, and to operate and maintain the project so constructed, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

To covenant with or for the benefit of the holder or holders of any bond or bonds, coupon or coupons so issued to erect, repair, remodel, maintain, add to, extend, improve or acquire any facilities, that so long as any of the bonds shall remain outstanding and unpaid, the institution shall fix, maintain and collect, in installments as may be agreed upon, an amount of fees, rentals or other charges from students, faculty members and others using or being served by any facilities operated at any community or junior college and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise, which shall be sufficient to pay when due any bond or bonds, coupons or coupons so issued, and to create and maintain a reasonable reserve therefor, and to pay the cost of operation and maintenance of the facilities against loss or damage by fire and windstorm or other calamities, in such sum as may be acceptable to the purchaser or purchasers of the bonds.The rentals, fees and other charges shall at all times be sufficient to maintain an adequate bond sinking fund to provide for the payment of interest on and principal of the bonds as and when they accrue and mature, to create a reasonable reserve therein and to pay the cost of operation and maintenance and insurance as herein provided and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

To make and enforce and agree to make and enforce parietal rules that shall insure the use of the facility by all students in attendance at the community or junior college, and faculty members of the community or junior college, to the maximum extent the facilities are capable of serving students and faculty, so long as it does not interfere with any existing contract;

To covenant that as long as any of the bonds so issued shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined by the resolution issuing such bonds:

Voluntarily create, or cause to be created, any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds so issued upon any of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members and others using or being served by the facilities operated at any such institution and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Sections 37-29-601 through 37-29-613, or any other law, or otherwise;

Convey or otherwise alienate the facilities, or the real estate upon which the same shall be located, except at a price sufficient to pay all the bonds then outstanding payable from the revenues derived therefrom and interest accrued on such bonds, and then only in accordance with any agreements with the holder or holders of such bonds; or

Mortgage or otherwise voluntarily create, or cause to be created, any encumbrance on the facility, or the real estate upon which it shall be located;

To covenant as to the proceedings by which the terms of any contract with a holder or holders of such bonds may be amended or rescinded, the amount or percentage of bonds the holder or holders of which must consent thereto and the manner in which consent may be given;

To vest in a trustee or trustees the right to receive all or any part of the income and revenue and proceeds of insurance pledged and assigned to, or for the benefit of, the holder or holders of such bonds, and to hold, apply and dispose of the income and revenue and proceeds of insurance and the right to enforce any covenant made to secure or pay or in relation to the bonds;

To execute and deliver, in the name of the community or junior college for which such bonds are being issued, a trust agreement or agreements which may set forth the powers and duties of such trustee or trustees, and limiting the liabilities of the trustee or trustees, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of bonds of any specified amount or percentage of such bonds may exercise such right and enforce any and all such covenants and resort to any remedies as may be appropriate; and

To vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such bonds, which receiver or receivers may have and be granted powers and duties as are usually granted under the laws of the State of Mississippi to a receiver or receivers appointed in connection with the foreclosure of a mortgage made by a private corporation.

HISTORY: Laws, 2010, ch. 511, § 24, eff from and after passage (approved Apr. 13, 2010.).

Chapter 31. Vocational Education

Securing Benefits of Federal Vocational Education Act

§ 37-31-1. Federal vocational education act accepted.

The State of Mississippi hereby accepts all the provisions and benefits of an act passed by the senate and house of representatives of the United States of America, in congress assembled, entitled: “An act to provide for the promotion of vocational education; to provide for co-operation with the state in the promotion of such education in agriculture, trades and industries, home economics and distributive education; to provide for co-operation with the states in the preparation of teachers of vocational subjects, and to appropriate money and regulate its expenditure,” approved February 23, nineteen hundred seventeen, and known as the “Smith-Hughes Act.”

HISTORY: Codes, 1930, § 6701; 1942, § 6487; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1940, ch. 176.

Cross References —

State board of education generally, see §§37-1-1 et seq.

Career education program in public schools, see §§37-13-58 et seq.

Correctional industries work program, see §§47-5-501 et seq.

Federal Aspects—

Smith-Hughes Act, see 20 USCS §§ 11 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§§ 37-31-3 through 37-31-5. Repealed.

Repealed by Laws, 1982, ch. 493, § 19, eff from and after July 1, 1983.

§37-31-3. [Codes, 1930, § 6703; 1942, § 6489; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1936, ch. 214; Laws, 1946, ch. 314, §§ 1, 2]

§31-37-5. [Codes, 1930, § 6704; 1942, § 6490; Laws, 1924, ch. 283; Laws, 1930, ch. 278]

Editor’s Notes —

Former §37-31-3 provided that the state board of education would constitute the state board for vocational education.

Former §37-31-5 provided that the state superintendent of public education would be the chief executive officer of the state board.

§ 37-31-7. Authority of State Board of Education.

The State Board of Education shall have all necessary authority to cooperate with the federal board for vocational education in the administration of the “Smith-Hughes Act” and all subsequent federal vocational education and training acts, to administer any legislation pursuant thereto enacted by the State of Mississippi, and to administer the funds provided by the federal government and the State of Mississippi under the provisions of Sections 37-31-1 through 37-31-15 for the promotion of vocational and technical education not terminating in a bachelors degree. It shall have full authority to formulate plans for the promotion of vocational and technical education in such subjects as are an essential and integral part of the public school system of education in the State of Mississippi, to provide for the preparation of teachers of such subjects, and to escrow funds for students participating in recognized articulated business/industry specific worksite learning programs. It shall have authority to fix the compensation of such officials and assistants as may be necessary to administer the “Smith-Hughes Act” and Sections 37-31-1 through 37-31-15 for the State of Mississippi and to pay such compensation and other necessary expenses of administration from funds appropriated under provisions of said sections. It shall have authority to make studies and investigations relating to vocational and technical education in such subjects; to publish the results of such investigations and to issue other publications as seem necessary by the board; to promote and aid in the establishment by local communities of schools, departments or classes giving training in such subjects; to cooperate with local communities in the maintenance of such schools, department or classes; to prescribe qualifications for the teachers, directors and supervisors of such subjects, and to have full authority to provide for the licensure and renewal of licenses of such teachers, directors and supervisors; to cooperate in the maintenance of classes supported and controlled by the public for the preparation of teachers, directors and supervisors of such subjects or to maintain such classes under its own direction and control; and to establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of vocational and technical teachers.

HISTORY: Codes, 1930, § 6705; 1942, § 6491; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1940, ch. 176; Laws, 1982, ch. 493, § 10; Laws, 1992, ch. 482, § 2; Laws, 1996, ch. 386, § 1; Laws, 2000, ch. 458, § 2, eff from and after July 1, 2000.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Amendment Notes —

The 2000 amendment substituted “licensure and renewal of licenses of such teachers” for “certification of such teachers” near the end of the section.

Cross References —

Duties of director of division of vocational education within state department of education, see §37-3-25.

Additional provisions as to authority of board, see §37-31-205.

Federal Aspects—

Smith-Hughes Act, see 20 USCS §§ 11 et seq.

§ 37-31-9. Duties of state treasurer.

The state treasurer is hereby designated and appointed custodian of all moneys received by the state from the appropriations made by the “Smith-Hughes Act,” and he is authorized to receive and to provide for the proper custody of the same, and to make disbursements thereof in the manner provided for in said act and for the purposes therein specified. He shall also pay out any moneys appropriated by the State of Mississippi for the purpose of carrying out the provisions of Sections 37-31-1 through 37-31-15 upon the order of the state board of education.

HISTORY: Codes, 1930, § 6702; 1942, § 6488; Laws, 1924, ch. 238; Laws, 1930, ch. 278.

Cross References —

Duties of state treasurer generally, see §7-9-9.

Designation of state treasurer as sole agent to receive and disburse funds to be expended under direction of state officials and agencies for benefit of state, see §7-9-23.

Duties of state treasurer under the Vocational Rehabilitation Law of Mississippi, see §37-33-31.

Duties of state treasurer under the Vocational Rehabilitation for the Blind Law of Mississippi, see §37-33-71.

Federal Aspects—

Smith-Hughes Act, see 20 USCS §§ 11 et seq.

§ 37-31-11. State appropriations for vocational education.

The State of Mississippi shall appropriate sums of money for the support of vocational education from year to year, sufficient at least to equal the amounts allotted year by year to the State of Mississippi for vocational education by the federal government under the provisions of the “Smith-Hughes Act.”

HISTORY: Codes, 1930, § 6708; 1942, § 6494; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Appropriations under the Vocational Rehabilitation Law of Mississippi, see §37-33-33.

Appropriations under the Vocational Rehabilitation for the Blind Law of Mississippi, see §37-33-73.

Federal Aspects—

Smith-Hughes Act, see 20 USCS §§ 11 et seq.

§ 37-31-13. How state appropriations shall be used.

  1. Any appropriation that may be made under the provisions of Sections 37-31-1 through 37-31-15 shall be used by the board for the promotion of vocational education as provided for in the Smith-Hughes Act and for the purpose set forth in Sections 37-31-1 through 37-31-15. The state appropriation shall not be used for payments to high schools which are now receiving other state funds, except in lieu of not more than one-half (1/2) the amount that may be due such high schools from federal funds. Only such portion of the state appropriation shall be used as may be absolutely necessary to carry out the provisions of Sections 37-31-1 through 37-31-15, and to meet the federal requirements. Except as provided in subsection (2) of this section, the state appropriation shall not be used for payments to high schools for conducting vocational programs for more than ten (10) months in any school year, and only funds other than adequate education program funds may be expended for such purpose.
  2. Subject to annual approval by the State Board of Education, extended contracts for vocational agriculture education services and other related vocational education services which contribute to economic development may be conducted by local school districts, and state appropriations may be used for payments to school districts providing such services. The board of trustees of each school district shall determine whether any proposed services contribute to the economic development of the area. Local districts may apply to the Division of Vocational and Technical Education of the State Department of Education for any state funds available for these extended contracts. The State Board of Education shall establish the application process and the selection criteria for this program. The number of state funded extended contracts approved by the State Board of Education will be determined by the availability of funds specified for this purpose. The State Board of Education’s decision shall be final. Payments under this subsection shall only be available to those high schools whose teachers of vocational programs are responsible for the following programs of instruction during those months between the academic years: (a) supervision and instruction of students in agricultural or other vocational experience programs; (b) group and individual instruction of farmers and agribusinessmen; (c) supervision of student members of youth groups who are involved in leadership training or other activity required by state or federal law; or (d) any program of vocational agriculture or other vocational-related services established by the Division of Vocational and Technical Education of the State Department of Education that contribute to the economic development of the geographic area.

HISTORY: Codes, 1930, § 6709; 1942, § 6495; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1978, ch. 345, § 1; Laws, 1982, ch. 493, § 11; Laws, 1993, ch. 542, § 1; Laws, 2002, ch. 330, § 1, eff from and after July 1, 2002.

Editor’s Notes —

Laws, 1990, ch. 424, § 1, effective June 30, 1990, amended Laws, 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of 1982, ch. 493 effective June 30, 1990.

Sections 37-1-3 and 37-31-5, referred to in this section, were repealed by Laws of 1982, ch. 493, § 19, effective from and after July 1, 1983.

Amendment Notes —

The 2002 amendment, designated the former paragraph as present (1) and (2); in (1), substituted “for payments to” for “to reimburse” preceding “high schools ” in the second sentence, and rewrote the third sentence; and in (2), substituted “for payments to” for “to reimburse” preceding “school districts” in the first sentence, substituted “Division of Vocational and Technical Education” for “Vocational-Technical Education Office” in the third and last sentences, and substituted “Payments under this subsection” for “Provided further that such reimbursement” at the beginning of the next to last sentence.

Cross References —

Director of Division of Vocational and Technical Education responsible for vocational and technical education, see §37-3-25.

Federal Aspects—

Smith-Hughes Act, see 20 USCS §§ 11 et seq.

§ 37-31-15. School boards authorized to establish and maintain vocational and technical schools and classes.

The school board may, in its discretion, cooperate with the State Board of Education in the establishment and maintenance of vocational and technical schools or classes giving instruction in vocational and technical training which does not terminate in a bachelors degree to persons in need of such instruction, and may use for paying the cost of such cooperation any monies raised by public taxation in the same manner as monies for other school purposes are used for the maintenance and support of public schools.

HISTORY: Codes, 1930, § 6707; 1942, § 6493; Laws, 1930, ch. 278; Laws, 1940, ch. 176; Laws, 1944, ch. 296; Laws, 1982, ch. 493, § 12; Laws, 1992, ch. 482, § 3, eff from and after July 1, 1992.

Editor’s Notes —

Laws, 1990, ch. 424, § 1, effective June 30, 1990, amended Laws, 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of 1982, ch. 493 effective June 30, 1990.

JUDICIAL DECISIONS

1. In general.

A school board’s posting of a performance bond for the benefit of a private construction company in connection with its job training program was an illegal expenditure; by posting a performance bond as guarantor for a private company, the school board far exceeded its statutory authority to conduct vocational education training, and therefore personal liability for the illegal expenditure would be imposed on board members. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

Securing Benefits of Federal Social Security Act

§ 37-31-31. Declaration of intent.

The intention of Sections 37-31-31 through 37-31-41 is to enable the State of Mississippi, by and through the state board of education to secure the benefits of the federal social security act pertaining to services for crippled children, and said sections shall be liberally construed in order to effectuate such intention.

HISTORY: Codes, 1942, § 6502; Laws, 1936, ch. 290.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-31-33. Utilization of appropriated funds.

For the purpose of enabling the state board of education to comply with the provisions of the federal social security act and to continue to extend and improve as far as practicable the services now maintained by said state board for locating crippled children and for providing medical, surgical, corrective, and other services, care and treatment, and facilities for diagnosis, hospitalization, and after-care for children who are crippled or who are suffering from conditions which lead to crippling, any and all funds appropriated for physical restoration of crippled children for the above purposes may be used for the purposes set forth in this section.

HISTORY: Codes, 1942, § 6497; Laws, 1936, ch. 290.

Cross References —

Social security and state retirement and disability benefits generally, see §§25-11-3 et seq.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

§ 37-31-35. Duties of state board.

Sections 37-31-31 through 37-31-41, together with funds made available through that section of those sections of the federal social security act which relates to crippled children, together with any and all available state and federal appropriations, shall be administered by the state board of education, and shall be used in the further development of the state’s program of physical restoration of crippled children. The state board of education is hereby authorized to accept donations, gifts and bequests and to expend same on approval of the executive officer of the board, for purposes approved under regulations of the state board of education.

HISTORY: Codes, 1942, § 6498; Laws, 1936, ch. 290.

§ 37-31-37. Reports.

The state board of education shall make such reports, in such form and containing such information, as the Secretary of Health, Education and Welfare may from time to time require under the terms of the federal social security act, and shall comply with such provisions as the secretary may from time to time find necessary to assure the correctness and verification of such reports.

HISTORY: Codes, 1942, § 6499; Laws, 1936, ch. 290.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

§ 37-31-39. Cooperation authorized.

The state board of education shall cooperate with medical, health, nursing and welfare groups and organizations and with any other agencies in the state charged with administering state laws providing for vocational rehabilitation of physically handicapped children. Said state board is hereby authorized, empowered and directed to cooperate with the federal government in such manner as to obtain the benefits of the provisions of the federal social security act pertaining to crippled children.

HISTORY: Codes, 1942, § 6500; Laws, 1936, ch. 290.

Cross References —

Vocational Rehabilitation Law, see §§37-33-11 et seq.

§ 37-31-41. Payment of funds.

All funds made available for carrying out the provisions of Sections 37-31-31 through 37-31-41 shall be paid by the state treasurer on warrants drawn therefor by the state auditor on requisitions of the state superintendent of public education.

HISTORY: Codes, 1942, § 6501; Laws, 1936, ch. 290.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

State superintendent of public education, see §§37-3-9,37-3-11.

Vocational and Technical Schools, Classes or Courses

§ 37-31-61. Board authorized to establish and conduct vocational and technical schools, classes or courses.

The State Board of Education is hereby authorized and empowered to establish and conduct schools, classes or courses, for preparing, equipping and training citizens of the State of Mississippi for employment in gainful vocational and technical occupations which do not terminate in a bachelors degree, in conjunction with any public school, agricultural high school or community/junior college.

The trustees of such school districts, as classified and defined by law, including those already having this authority, and the trustees of agricultural high schools and community/junior colleges may, with the consent in writing of the State Board of Education, establish and conduct such schools, classes or courses, under the provisions herein stated and under the general supervision of the board.

HISTORY: Codes, 1942, § 6241; Laws, 1940, ch. 186; Laws, 1982, ch. 493, § 13; Laws, 1992, ch. 482, § 4, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Laws of 1990, Chapter 589, § 49, amended this section effective July 1, 1990, provided that the Legislature, by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declare that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions have not been printed in this volume. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Cross References —

Contracts and cooperation between division of vocational technical education of state department of education and division of job development and training of office of the governor, see §7-1-363.

Eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical courses, see §37-11-49.

Career education program in public schools, see §§37-13-58 et seq.

Establishment and maintenance of vocational education departments by public schools and schools for blind and deaf, see §37-31-15.

Powers of those establishing vocational and technical schools, classes or courses, see §37-31-63.

Funds for institutions establishing schools, classes or courses under this section, see §37-31-65.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 419, 420, 422 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 1068-1076.

JUDICIAL DECISIONS

1. In general.

A school board’s posting of a performance bond for the benefit of a private construction company in connection with its job training program was an illegal expenditure; by posting a performance bond as guarantor for a private company, the school board far exceeded its statutory authority to conduct vocational education training, and therefore personal liability for the illegal expenditure would be imposed on board members. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

§ 37-31-63. General powers of those establishing vocational and technical classes or courses.

The State Board of Education, the trustees of the school districts as classified and defined by law, and the trustees of agricultural high schools or community/junior colleges, are hereby authorized and empowered to accept and use any land, building or buildings, being either the property of the State of Mississippi or of any of the school districts or agricultural high schools or community/junior colleges, or being the property of private sources, which may be designated, donated or leased for the purpose expressed in Section 37-31-61, and to use such funds as may be made available, and to accept donations and contributions for supplies, equipment, and materials incident to the purpose for which any such schools, classes or courses are established.

The board, the trustees of the school districts, as classified and defined by law, and the trustees of agricultural high schools or community/junior colleges, are hereby authorized and empowered to accept and receive donations, contributions and endowments, to charge tuition and registration fees, to receive payment for services rendered or commodities produced incident to training in said schools, courses or classes, and to accept any funds which may be made available for the purpose sought to be accomplished in Section 37-31-61 from any sources.

HISTORY: Codes, 1942, §§ 6242, 6243; Laws, 1940, ch. 186; Laws, 1982, ch. 493, § 14; Laws, 1992, ch. 482, § 5, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Cross References —

Eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical courses, see §37-11-49.

Agricultural high schools generally, see §§37-27-1 et seq.

Junior Colleges generally, see §§37-29-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 92, 94, 95, 124.

CJS.

78A C.J.S., Schools and School Districts §§ 733 et seq.

§ 37-31-65. Funds.

The funds derived from any sources for any trade school, such as the Mississippi School for the Deaf, Mississippi School for the Blind, the Oakley Youth Development Center, or Parchman Vocational School or other agencies or institutions receiving funds for the purposes of this chapter, which are not operated in connection with any public school, agricultural high school or community/junior college, or by virtue of any tuition, registration fees, or payment for services rendered or commodities produced, shall be the property of the State Board of Education. In the event any public school, agricultural high school or community/junior college establishes any trade school, classes or courses under Section 37-31-61, such funds shall be the property of such public school, agricultural high school or community/junior college, to be expended by the trustees thereof, and shall be expended solely for the expense of operating and conducting the trade school, classes or courses in connection with such public school, agricultural high school or community/junior college. None of such funds shall be commingled with the funds of any other of such schools, and none of such funds shall be commingled with any of the other funds of any of the public schools, agricultural high schools or community/junior colleges. All of such funds so created shall be and are hereby declared to be public funds, as defined by law.

HISTORY: Codes, 1942, § 6242; Laws, 1940, ch. 186; Laws, 1982, ch. 493, § 15; Laws, 1992, ch. 482, § 6; Laws, 2010, ch. 554, § 1, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Amendment Notes —

The 2010 amendment, in the version effective from and after July 1, 2011, substituted “the Oakley Youth Development Center” for “the Oakley Training School” in the first sentence.

Cross References —

Agricultural high schools generally, see §§37-27-1 et seq.

Junior colleges generally, see §§37-29-1 et seq.

Mississippi School for the Deaf and Mississippi school for the Blind generally, see §§43-5-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 120, 122.

CJS.

78 C.J.S., Schools and School Districts §§ 9 et seq.

§ 37-31-67. Foregoing sections are supplementary.

Sections 37-31-61 through 37-31-65 are in addition to and supplementary to existing school laws, and shall not be construed to repeal any laws now in existence governing any of the public schools of this state or the operation thereof.

HISTORY: Codes, 1942, § 6244; Laws, 1940, ch. 186.

§ 37-31-69. School boards authorized to establish vocational apprenticeship programs; participation and curriculum; successful completion and graduation.

  1. The school board of a local school district, in its discretion, may establish and implement a vocational apprenticeship program in the high schools in that district through which students may earn high school units for vocational experience as an alternative to those high school units required by the school district in addition to the core curriculum defined by the State Board of Education. The purpose of a vocational apprenticeship program established pursuant to this section shall be to provide those students with skills and training that will lead to gainful employment in a trade or other specialized vocation.
  2. Students who participate in the vocational apprenticeship program shall be required to complete all high school units comprising the core curriculum, as defined by the State Board of Education. In addition, a student in the vocational apprenticeship program may be awarded credit for an additional eight (8) high school units earned through the vocational apprenticeship program, which units shall apply toward, and must be recognized by the State Board of Education in fulfillment of, the local school district’s graduation requirements. Units may be awarded in the vocational apprenticeship program, whereby a student gains actual work experience through employment in a job approved by the local school district. The local school district shall adopt policies governing the participation of students in the vocational apprenticeship program.
  3. Students successfully completing a vocational apprenticeship program established pursuant to this section are entitled to a diploma evidencing graduation from a high school in Mississippi.

HISTORY: Laws, 2001, ch. 365, § 1, eff from and after July 1, 2001.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Regional Education Centers

§ 37-31-71. “Regional education center” defined.

For the purposes of Sections 37-31-71 through 37-31-79, the term “regional education center” means all facilities utilized for the carrying out of instruction on the level of secondary or postsecondary education or both which are jointly operated by or which accept students on a contractual basis from two (2) or more school districts of this state, or for any school district which encompasses an entire county.

HISTORY: Codes, 1942, § 6502-1; Laws, 1972, ch. 337, § 1; Laws, 2011, ch. 480, § 15, eff from and after passage (approved Apr. 6, 2011.).

Amendment Notes —

The 2011 amendment substituted “regional education center means all facilities utilized for the carrying out of instruction” for “regional vocational education center shall mean all facilities utilized for the carrying out of instruction in vocational or technical education.”

Cross References —

Authorization of joint operation of schools by adjoining school districts, see §37-7-403.

Eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical courses, see §37-11-49.

Public school career education programs, see §§37-13-58 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Both §§37-29-267 and37-31-75 imply legislative intent to permit a municipality to enter into a contractor agreement pursuant to this section that would extend past the term of the current administration of the municipality. Criss, August 7, 1998, A.G. Op. #98-0447.

§ 37-31-73. Agreements for establishment of center; terms of agreement; board of trustees; fiscal agent.

The various school districts, counties, municipalities and community/junior college districts of this state are authorized to enter into agreements between each other and between the school districts and any of the boards of supervisors of any county, the governing authorities of any municipality, or the boards of trustees of any community/junior college district providing for the construction or operation of regional education centers. Any agreement entered into pursuant to this section shall be subject to the approval of the State Board of Education. The agreement shall designate the fiscal agent, among other provisions, provide for the method of financing the construction and operation of the facilities, the manner in which the facilities are to be controlled, operated and staffed, the basis upon which students are to be admitted to the regional education center and transportation provided for students in attendance at the center. The agreement or any subsequent modification to it shall be spread at large upon the minutes of each party to the agreement after having been duly adopted by the governing authorities of each party.

The agreements may provide for the establishment of regional education advisory councils to serve in an advisory capacity to regional education centers, to be made up of representatives of the board of trustees of school districts or community/junior college districts which may be parties to the agreement. Regional education advisory councils of the parties to the agreement will operate at the will of the fiscal agent for the regional education center. The fiscal agent shall have all powers designated to it in the agreement by the parties to the agreement, except for the power to request or require the levy of taxes or the power to issue or require the issuance of any bonds, notes or other evidences of indebtedness, or to call for an election on the question of the issuance of any bonds, notes or other evidences of indebtedness.

HISTORY: Codes, 1942, § 6502-02; Laws, 1972, ch. 337, § 2; Laws, 1982, ch. 493, § 16; Laws, 1992, ch. 482, § 7; Laws, 1996, ch. 534, § 3; Laws, 2011, ch. 480, § 16, eff from and after passage (approved Apr. 6, 2011.).

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Amendment Notes —

The 2011 amendment rewrote the section.

Cross References —

Tax levy for construction of vocational and technical educational center, see §19-9-114.

Agreements between boards of trustees of two or more adjoining school districts as to joint operation of schools, see §37-7-405.

Approval of agreements between boards of trustees of two or more adjoining school districts as to joint operation of schools, see §37-7-407.

OPINIONS OF THE ATTORNEY GENERAL

A city, county, and community college district may, but are not required to, enter into an interlocal agreement to accomplish the construction of a regional vocational education center. Criss, August 7, 1998, A.G. Op. #98-0447.

§ 37-31-75. Expenditures.

The various counties, municipalities, school districts and junior college districts which may become parties to any agreement authorized by Sections 37-31-71 through 37-31-79 are authorized to appropriate and expend any and all funds which may be required to carry out the terms of the agreement from any funds available to any party to the agreement not otherwise appropriated without limitation as to the source of the funds, including minimum foundation program funds, sixteenth section funds, funds received from the federal government or other sources by way of grant, donation or otherwise, and funds which may be available to any such party through the Department of Education or any other agency of the state, regardless of the party to the agreement designated by the agreement to be primarily responsible for the construction or operation of the regional education center and regardless of the limitation on the expenditure of any funds imposed by any other statute. However, no funds whose use was originally limited to the construction of capital improvements shall be utilized for the purpose of defraying the administrative or operating costs of any regional education center. Any one or more of the parties to an agreement may be designated as the fiscal agent or contracting party in carrying out any of the purposes of the agreement, and any and all funds authorized to be spent by any of the parties may be paid over to the fiscal agent or contracting party for disbursement by the fiscal agent or contracting party. Disbursements shall be made and contracted for under the laws and regulations applicable to the fiscal or disbursing agent, except to the extent they may be extended or modified by the provisions of Sections 37-31-71 through 37-31-79. All of the parties to the agreement may issue bonds, negotiable notes or other evidences of indebtedness for the purpose of providing funds for the acquisition of land and for the construction of buildings and permanent improvements under the terms of the agreement under any existing laws authorizing the issuance or sale of bonds, negotiable notes or other evidences of indebtedness to provide funds for any capital improvement.

HISTORY: Codes, 1942, § 6502-04; Laws, 1972, ch. 337, § 4; Laws, 2011, ch. 480, § 17, eff from and after passage (approved Apr. 6, 2011.).

Editor’s Notes —

Section 37-45-1 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education. Section 37-45-3 further provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Amendment Notes —

The 2011 amendment rewrote the section.

Cross References —

Tax levy for construction of vocational and technical educational center, see §19-9-114.

Expenditure of funds for joint operation of schools, see §37-7-409.

OPINIONS OF THE ATTORNEY GENERAL

Both §§37-29-267 and37-31-75 imply legislative intent to permit a municipality to enter into a contractor agreement pursuant to this section that would extend past the term of the current administration of the municipality. Criss, August 7, 1998, A.G. Op. #98-0447.

§ 37-31-77. Funds not to be charged against homestead exemption reimbursements.

It is expressly provided that any payment from the funds of one (1) governmental authority into the funds of any other governmental authority made in compliance with provisions of Sections 37-31-71 through 37-31-79, shall not be charged against homestead exemption reimbursements under the provisions of Section 27-33-41, Mississippi Code of 1972, or any other similar statute.

HISTORY: Codes, 1942, § 6502-03; Laws, 1972, ch. 337, § 3, eff from and after passage (approved April 13, 1972).

§ 37-31-79. Construction.

Sections 37-31-71 through 37-31-79 shall be liberally construed to effectuate the provisions thereof and are hereby declared to be severable. Such sections are supplemental to the authority provided in Sections 37-7-401 through 37-7-413 and other applicable statutes, and any agreement entered into pursuant to Sections 37-31-71 through 37-31-79 shall likewise be effective to confer on the contracting parties all powers contained in the Sections 37-7-401 through 37-7-413 provided such agreement is also approved by the state educational finance commission in accordance therewith.

HISTORY: Codes, 1942, § 6502-05; Laws, 1972, ch. 337, § 5, eff from and after passage (approved April 13, 1972).

Editor’s Notes —

Section 37-45-1 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education. Section 37-45-3 further provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Acquisition by school district of land outside its boundaries, and joint construction and operation of schools by adjoining school districts, see §§37-7-401 et seq.

Future Farmers of America Camps

§ 37-31-81. Future Farmers of America camps authorized.

The State Board of Education is hereby authorized and directed to establish Future Farmers of America camps. Such locations shall be finally determined by the board.

The board is hereby authorized and empowered to acquire land and to place thereon such buildings and equipment as may be deemed appropriate for the establishment and operation of Future Farmers of America camps. The board shall provide for the operation, maintenance and upkeep of said camps.

HISTORY: Codes, 1942, § 6503.5; Laws, 1952, ch. 272, §§ 1-3; Laws, 1982, ch. 493, § 17; Laws, 1992, ch. 482, § 8, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Manpower Development and Training for Specific Employment Opportunities

§ 37-31-101. Title.

Sections 37-31-101 through 37-31-111 shall be called the “Mississippi Manpower Development and Training Act of 1974.”

HISTORY: Laws, 1974, ch. 460, § 1, eff from and after July 1, 1974.

Cross References —

Contracts and cooperation between division of vocational technical education of state department of education and division of job development and training of the office of the governor, see §7-1-363.

§ 37-31-103. Development, establishment and administration of programs; advisory committees.

  1. The State Board of Education is authorized to develop and establish special education and skill training programs to fill specific employment opportunities in areas of the state that have both employment opportunities and able-bodied unemployed and underemployed groups of adults, with priority to be given to unemployed adults.

    This program shall be administered by the division of vocational and technical education in community/junior colleges and secondary school systems wherever practical, and shall have general supervision over the programs established by Sections 37-31-101 through 37-31-111. Programs shall parallel, complement and be compatible with the existing structure of all vocational-technical education, both state and federal, as operated under the board.

  2. A comprehensive program of educational activity including skill training shall be developed and tailored to meet the needs of each individual student and the needs of industry for specially trained workers, and programs shall be planned and operated flexibly in order that students may progress individually.

    Specific employment objectives that are practical for each student shall be identified early in the program and the individual trained accordingly.

    Programs may include, when needed for employment purposes, but not be limited to, basic education, remedial education, attitude training, employability and communications skills, prevocational, vocational and technical education, and supplementary and related instruction for on-the-job training whether conducted at the job site or elsewhere.

  3. Local craft advisory committees made up of potential employers shall be established to advise on the validity of the training curriculum being offered.
  4. Programs shall be developed on a project basis, with all projects considered temporary, and renewed only as long as the dual needs of qualified students exist and potential job opportunities can be identified. Each project shall consist of a minimum of: (a) statement of need, (b) occupational training plan, (c) budget, and (d) budget backup information.
  5. Full-time (forty (40) hours per week), part-time, and upgrading programs are authorized, and all programs as conducted by local school districts shall meet or exceed the standards of the board, and failure to do so by a school district shall result in loss of funds as provided in Sections 37-31-101 through 37-31-111.
  6. Utilization shall be made of existing equipment, materials and facilities purchased by previous programs such as the Manpower Development and Training Program, Public Law 87-415, 42 USCS 2571, et seq., whenever practical and legal.
  7. The board shall review local public school and community/junior college project proposals to determine appropriateness of content, length of training, hours of instruction per week, and whether estimated costs are realistic, and shall evaluate, monitor and provide needed services in support of the local projects.
  8. The board shall be responsible for state level development and coordination of a vocational and technical program which shall include but not be limited to the following: A program which will provide immediate training for established industries and which provides training for prospective employees for new and expanding industry, such program to be characterized with a strong emphasis on the employment needs of the state.

HISTORY: Laws, 1974, ch. 460, § 2; Laws, 1980, ch. 377; Laws, 1982, ch. 493, § 18; Laws, 1992, ch. 482, § 9, eff from and after July 1, 1992.

Editor’s Notes —

The Manpower Development and Training Program, Public Law 87-415 (former 42 USCS §§ 2571 et seq.), referred to in this section, was repealed by Act Dec. 28, 1973, P.L. 93-203, Title VII [VI], § 714 [614], 87 Stat. 883, as amended by Act Dec. 31, 1974, P.L. 93-567, Title I, § 101, 88 Stat. 1845, effective with respect to fiscal years after June 30, 1974. Similar provisions now appear in 29 USCS §§ 1501 et seq.

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

Public school career education program, see §§37-13-58 et seq.

Junior Colleges generally, see §§37-29-1 et seq.

Vocational education generally, see §§37-31-1 et seq.

§ 37-31-105. Allowable costs and expenditures; use of funds.

Allowable costs for public schools may include salaries of instructors, cost of equipment, supplies, supervision, rental of space and equipment, utilities, custodial services, and other costs justifiable for the specific programs. There shall be no cost to students for any training received. The necessary books, tools and supplies shall be provided. All items purchased shall remain the property of the state for future programs and shall not be given to the student. Equipment may be transferred between local public training agencies. Rental for private facilities and minor remodeling and maintenance for public facilities are allowable. There shall be no construction of facilities.

Up to One Hundred Dollars ($100) per student may be expended for medical services necessary for vocational rehabilitation if needed to render the person employable and if no other source of funds is available for this purpose.

Funds appropriated for the purpose of Sections 37-31-101 through 37-31-111, except funds received by virtue of the Fiscal Assistance to State and Local Governments Act, Public Law 92-512, 31 USCS 1221, et seq., may be used as matching funds to obtain federal funds for similar objectives whenever needed.

HISTORY: Laws, 1974, ch. 460, § 3, eff from and after July 1, 1974.

Editor’s Notes —

Former 31 USCS § 1221 (P.L. 92-512), referred to in this section, was revised, renumbered and enacted into Positive Law by Act Sept. 13, 1982, P.L. 97-258, 96 Stat. 877, and is now codified as 31 USCS § 6702.

§ 37-31-106. Repealed.

Repealed by Laws, 1999, ch. 572, § 4, eff from and after August 15, 1999.

[Laws, 1994, ch. 581, § 49, eff from and after July 1, 1994]

Editor’s Notes —

Former §37-31-106 related to manpower development and training carryover fund. For present similar provisions, see §37-4-11.

§ 37-31-107. Acceptance of students; job placement and referral.

Qualified students for the classes or courses may be accepted by the schools from any source, but priority of enrollment will be given referrals from the department of public welfare, state employment service, vocational rehabilitation, and nonretired veterans. The state employment service will assist with student job placement and referral whenever possible.

For the purposes of Sections 37-31-101 through 37-31-111, a qualified student is an adult, at least eighteen (18) years old, who is under-employed or unemployed and is not enrolled in school.

Students will not be eligible if they have dropped out of regular school for the specific purpose of enrolling in the manpower programs.

HISTORY: Laws, 1974, ch. 460 § 4, eff from and after July 1, 1974.

Editor’s Notes —

Section 43-1-1 provides that the term “State Department of Public Welfare” or “State Board of Public Welfare” shall mean the Department of Human Services.

§ 37-31-109. Repealed.

Repealed by Laws, 1982, ch. 493, § 20, eff from and after July 1, 1983.

[Laws, 1974, ch. 460, § 5]

Editor’s Notes —

Former §37-31-109 provided for an advisory board, and for the review and evaluation of manpower programs.

§ 37-31-111. Annual reports.

An annual report on program activities and results shall be prepared by the state department of education, vocational division, and submitted to the legislature with the overall annual vocational education report.

HISTORY: Laws, 1974, ch. 460, § 6, eff from and after July 1, 1974.

Funds for Mississippi Board of Vocational and Technical Education

§ 37-31-201. Definitions.

Wherever used in this chapter, or in any other statute, rule or regulation affecting the Vocational Education Division of the State Department of Education and any of its functions or duties:

The word “board” shall mean and refer to the State Board of Education.

The word “division” shall mean and refer to the Mississippi Division of Vocational and Technical Education of the State Department of Education.

HISTORY: Laws, 1982, ch. 493, § 1; Laws, 1992, ch. 482, § 10, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

§ 37-31-203. Repealed.

Repealed by Laws, 1982, ch. 493, § 2(5), effective from and after June 30, 1986.

[Laws, 1982, ch. 493, § 2]

Editor’s Notes —

Former Section 37-31-203 provided for the establishment of the Mississippi Board of Vocational and Technical Education.

§ 37-31-205. Authority of board.

  1. The State Board of Education shall have the authority to:
    1. Expend funds received either by appropriation or directly from federal or private sources;
    2. Channel funds to secondary schools, community and junior colleges and regional vocational-technical facilities according to priorities set by the board;
    3. Allocate funds on an annual budgetary basis;
    4. Set standards for and approve all vocational and technical education programs in the public school system and community and junior colleges or other agencies or institutions which receive state funds and federal funds for such purposes, including, but not limited to, the following vocational and technical education programs: agriculture, trade and industry, occupational home economics, consumer and homemaking education, distributive education, business and office, health, industrial arts, guidance services, technical education, cooperative education, and all other specialized training not requiring a bachelor’s degree, with the exception of programs of nursing education regulated under the provisions of Section 37-129-1. The State Board of Education shall authorize local school boards, within such school board’s discretion, to offer distributive education as a one-hour or two-hour block course. There shall be no reduction of payments from state funding for distributive education due to the selection of either the one-hour or two-hour course offering;
    5. Set and publish licensure standards for vocational and technical education personnel. The State Board of Education shall recognize a vocational and technical education teacher’s work when school is not in session which is in the teacher’s particular field of instruction as a means for the teacher to fulfill the requirements for renewal of the teacher’s license. The board shall establish, by rules and regulations, the documentation of such work which must be submitted to the board and the number of actual working hours required to fulfill renewal requirements. If a vocational and technical education teacher who does not have a bachelor’s degree takes classes in fulfillment of licensure renewal requirements, such classes must be in furtherance of a bachelor’s degree;
    6. Require data and information on program performance from those programs receiving state funds;
    7. Expend funds to expand career information;
    8. Supervise and maintain the Division of Vocational and Technical Education and to utilize, to the greatest extent possible, the division as the administrative unit of the board responsible for coordinating programs and services with local institutions;
    9. Utilize appropriate staff of the State Department of Education to perform services for the vocational student organizations, including, but not limited to, procurement, accounting services, tax services and banking services. The department may also procure and pay for annual audits of the vocational student organizations using vocational funds or other available funds of the State Department of Education. It is the intent of this provision that any related costs be paid with vocational funds appropriated by the Legislature;
    10. Promulgate such rules and regulations necessary to carry out the provisions of this chapter in accordance with Section 25-43-1 et seq.;
    11. Set standards and approve all vocational and technical education equipment and facilities purchased and/or leased with state and federal vocational funds;
    12. Encourage provisions for lifelong learning and changing personal career preferences and advancement of vocational and technical education students through articulated programs between high schools and community and junior colleges;
    13. Encourage the establishment of new linkages with business and industry which will provide for a better understanding of essential labor market concepts;
    14. Periodically review the funding and reporting processes required of local school districts by the board or division with the aim of simplifying or eliminating inefficient practices and procedures;
    15. Assist in the development of high technology programs and resource centers to support current and projected industrial needs;
    16. Assist in the development of a technical assistance program for business and industry which will provide for industrial training and services, including the transfer of information relative to new applications and advancements in technology; and
    17. Enter into contracts and agreements with the Mississippi Community College Board for conditions under which vocational and technical education programs in community and junior colleges shall receive state and federal funds which flow through the State Board of Education for such purposes.
  2. It is the intent of the Legislature that no vocational and technical education course or program existing on June 30, 1982, shall be eliminated by the State Board of Education under the authority vested in paragraph (d) of subsection (1) of this section prior to June 30, 1985. It is further the intent of the Legislature that no vocational and technical education teacher or other personnel employed on June 30, 1983, shall be discharged due to licensure standards promulgated by the board under paragraph (e) of subsection (1) of this section, if any such teacher or personnel shall have complied with any newly published licensure standards by June 30, 1985. Nothing contained in this section shall be construed to abrogate or affect in any manner the authority of local public school districts or community and junior colleges to eliminate vocational and technical education courses or programs or to discharge any vocational and technical education teacher or other personnel.
  3. The State Board of Education and the Mississippi Community College Board may provide that every vocational and technical education course or program in Mississippi may integrate academic and vocational-technical education through coherent sequences of courses, so that students in such programs achieve both academic and occupational competencies. The boards may expend federal funds available from the 1990 Perkins Act, or other available federal funds, for the alignment of vocational-technical programs with academic programs through the accreditation process and the teacher licensure process.

HISTORY: Laws, 1982, ch. 493, § 3; Laws, 1986, ch. 434, § 13; Laws, 1992, ch. 482, § 11; Laws, 1993, ch. 599, § 1; Laws, 1999, ch. 572, § 3; Laws, 2000, ch. 458, § 1; Laws, 2002, ch. 330, § 2; Laws, 2003, ch. 363, § 1; Laws, 2014, ch. 397, § 32, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

The 1990 Perkins Act, referred to in this section, is the Carl D. Perkins Vocational and Applied Technology Education Act, and is codified as 20 USCS §§ 2301 et seq.

Amendment Notes —

The 1999 amendment substituted “and” for “customized industrial training” preceding “all other specialized training” in (1)(d).

The 2000 amendment inserted the second, third and fourth sentences in (1)(e); deleted the last sentence in (3); and substituted “community and junior colleges” for “community/junior colleges” and “licensure” for “certification” throughout the section.

The 2002 amendment substituted “payments” for “reimbursements” in the last sentence of (1)(d); deleted “beginning with the 1995-1996 school year” preceding “every vocation and technical education course” in the first sentence of (3); and made minor stylistic changes.

The 2003 amendment inserted present (1)(i); and redesignated former (1)(i) through (1)(p) as present (1)(j) through (1)(q).

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (1)(q) and (3); and made a minor punctuation change.

Cross References —

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-31-207. Duties of board.

The State Board of Education shall have the following duties:

To seek the best available projections of employment and occupations for Mississippians;

To utilize these projections and other considerations to set vocational and technical education priorities;

To utilize the services of all state agencies having information regarding the purposes of this chapter;

To cooperate with the governor’s office of job development and training and the board of economic development to prevent duplication and provide continuity of employment and training services;

To conduct evaluations of the success or failure of vocational-technical programs, including the extent to which training actually leads to jobs in the field in which the student was trained;

Obtain and publish data and information on program performance from those vocational-technical programs receiving state funds; and

To notify local school districts and public community/junior colleges prior to March 1 annually of any discontinuation of ongoing vocational programs which would affect the renewing of contracts with vocational personnel.

HISTORY: Laws, 1982, ch. 493, § 4; Laws, 1992, ch. 482, § 12, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

§ 37-31-209. Repealed.

Repealed by Laws, 2018, ch. 395, § 1, eff from and after July 1, 2018.

§37-31-209. [Laws, 1982, ch. 493, § 5; Laws, 1992, ch. 482, § 13, eff from and after July 1, 1992.]

Editor’s Notes —

Former §37-31-209 created an advisory council for the Mississippi Board of Vocational and Technical Education and prescribed its composition, powers and duties.

§ 37-31-211. Appropriations for vocational and technical education to be made to board.

The Legislature shall appropriate to the State Board of Education those state funds to be expended by the board through the Division of Vocational and Technical Education of the State Department of Education.

HISTORY: En, Laws, 1982, ch. 493, § 17; Laws, 1992, ch. 482, § 14, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, ch. 493 effective June 30, 1990.

Chapter 33. Civilian Vocational Rehabilitation

In General

§ 37-33-1. Federal vocational rehabilitation act accepted.

The State of Mississippi accepts all of the provisions and benefits of an act passed by the Congress of the United States entitled, “The Rehabilitation Act of 1973,” as amended.

HISTORY: Codes, 1930, § 6711; 1942, § 6504; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 2002, ch. 463, § 1, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Federal Aspects—

Rehabilitation Act of 1973, see 29 USCS §§ 701 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

Vocational Rehabilitation Law

§ 37-33-11. Short title.

Sections 37-33-11 through 37-33-35 shall be known as the “Vocational Rehabilitation Law of Mississippi.”

HISTORY: Codes, 1942, § 6504.1; Laws, 1948, ch. 289, § 1.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

IDEA Reauthorized (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-33-13. Definitions.

As used in the Vocational Rehabilitation Law:

“Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled;

“Department” or “agency” means the State Department of Rehabilitation Services;

“Director” means the Director of the Office of Vocational Rehabilitation;

“Executive director” means the Executive Director of the State Department of Rehabilitation Services;

“Employment outcome” means, with respect to an individual entering or retaining full-time or, if appropriate part-time competitive employment in the integrated labor market to the greatest extent practicable; supported employment; or any other type of employment, including self-employment, telecommuting, or business ownership, that is consistent with an individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

“Individual with a disability” means any individual who has a physical or mental impairment, whose impairment constitutes or results in a substantial impediment to employment, and who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services;

“Maintenance” means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual’s participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual’s receipt of vocational rehabilitation services under an individualized plan for employment;

“Occupational license” means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in an occupation;

“Office” means the Office of Vocational Rehabilitation of the State Department of Rehabilitation Services;

“Personal assistance services” means assistance in a range of services provided by one or more persons designed to assist an eligible individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance. The services must be designed to increase the individual’s control in life and ability to perform every day activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services;

“Physical restoration services” means (i) corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; (ii) diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with state licensure laws; (iii) dentistry; (iv) nursing services; (v) necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; (vi) drugs and supplies; (vii) prosthetic and orthotic devices; (viii) eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with state licensure laws; (ix) podiatry; (x) physical therapy; (xi) occupational therapy; (xii) speech or hearing therapy; (xiii) mental health services; (xiv) treatment of either acute or chronic medical restoration services, or that are inherent in the condition under treatment; (xv) special services for the treatment of individuals with end-stage renal disease; and (xvi) other medical or medically-related rehabilitation services;

“Prosthetic appliance” means any artificial device necessary to support, to take the place of a part of the body, or to increase the acuity of a sense organ;

“Regulations” means regulations made by the executive director with the approval of the state board.

“Rehabilitation engineering services” means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community;

“Rehabilitation training” means all necessary training provided to an eligible individual with a disability to enable him or her to overcome his or her employment handicap, including, but not limited to, manual, preconditioning, prevocational, vocational and supplementary training and training provided for the purpose of developing occupational skills and capacities;

“State board” means the State Board of Rehabilitation Services;

“Substantial impediment to employment” means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual’s abilities and capabilities;

“Supported employment services” means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by the designated state unit (i) for a period of time not to exceed eighteen (18) months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and (ii) following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment;

“Vocational rehabilitation” and “vocational rehabilitation services” mean, for an eligible individual with a disability, services as appropriate and required to assist in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including, but not limited to, services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (ii) assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (iii) vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice; (iv) referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system and to advise those individuals about client assistance programs; (v) physical and mental restoration services, to the extent that financial support is not readily available from a source other than the State Department of Rehabilitation Services (such as through health insurance or a comparable service or benefit); (vi) vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher learning (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this law unless maximum efforts have been made by the state unit and the individual to secure grant assistance in whole or in part from other sources to pay for that training; (vii) maintenance; (viii) transportation in connection with the rendering of any vocational rehabilitation service; (ix) vocational rehabilitation services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome; (x) interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel; (xi) reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind; (xii) job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services; (xiii) supported employment services: (xiv) personal assistance services; (xv) post-employment services; (xvi) occupational licenses, tools, equipment, initial stocks, and supplies; (xvii) rehabilitation technology including vehicular modification, telecommunications, sensory, and other technological aids and devices; (xviii) transition services; (xix) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome; (xx) other goods and services determined necessary for the individual with a disability to achieve an employment outcome.

HISTORY: Codes, 1942, § 6504.2; Laws, 1948, ch. 289, § 2; Laws, 1983, ch. 521, § 8; Laws, 1989, ch. 544, § 69; Laws, 1990, ch. 522, § 5; Laws, 1991, ch. 608, § 3, eff from and after July 1, 1991, (became law without the Governor’s signature); Laws, 2002, ch. 463, § 2, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

State Department of Rehabilitation Services generally, see §§37-33-151 et seq.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-15. Administration of Office of Vocational Rehabilitation; general powers and duties of Director.

The Office of Vocational Rehabilitation established by Section 37-33-153 shall be administered by a director appointed by the executive director in conformity with policies adopted by the department. The Director of the Office of Vocational Rehabilitation shall devote his or her full time to the administration of vocational rehabilitation. In carrying out his or her duties under the Vocational Rehabilitation Law, the director:

Shall, with the approval of the executive director, make regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for vocational rehabilitation services, procedures for fair hearings, and such other regulations as are found necessary to carry out the purposes of that law;

Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;

Shall, with the approval of the executive director, recommend for appointment such personnel as may be necessary for the efficient performance of the functions of the office;

Shall prepare and submit to the state board through the executive director annual reports of activities and expenditures and, before each regular session of the Legislature, shall submit estimates of sums required for carrying out the Vocational Rehabilitation Law and estimates of the amounts to be made available for this purpose from all sources;

Shall, if the executive director so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for vocational rehabilitation;

Shall, with the approval of the executive director and the state board, appoint boards as required by federal law and regulations;

Shall, with the approval of the executive director and the state board, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Vocational Rehabilitation Law;

May, with the approval of the executive director and the state board, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Vocational Rehabilitation Law.

HISTORY: Laws, 1991, ch. 608, § 4; Laws, 2002, ch. 463, § 3, eff from and after July 1, 2002.

Editor’s Notes —

A former Section 37-33-15 [Codes, 1942, § 6504.3; Laws, 1948, ch. 289, § 3; 1983, ch. 521, § 9], which specified the duties of the director of the division of vocational rehabilitation, was repealed by Laws of 1989, ch. 544, § 89, eff from and after July 1, 1989.

Laws of 1991, ch. 608, § 4, effective July 1, 1991, became law without the Governor’s signature.

Amendment Notes —

The 2002 amendment substituted “department” for state board” in the introductory paragraph; deleted “to serve as the governing authority of centers for independent living or other entities” following “appoint boards” in (f); and made gender neutralization changes.

§ 37-33-17. Acceptance and disposition of gifts and donations; annual report.

The director, with the approval of the executive director and the state board, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Vocational Rehabilitation Law, from either public or private sources. Gifts made under such conditions as in the judgment of the state board are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatments, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the “Special Fund for the Vocational Rehabilitation of Individuals with Disabilities” and shall be used by the state board for such purposes. The state board shall make a report annually to the Legislature setting forth the condition of vocational rehabilitation of eligible individuals with disabilities in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursementsmade therefrom.

HISTORY: Codes, 1930, § 6714; 1942, § 6507; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1948, ch. 289, § 8; Laws, 1970, ch. 380, § 1; Laws, 1983, ch. 521, § 10; Laws, 1989, ch. 544, § 70; Laws, 1990, ch. 522, § 6; Laws, 1991, ch. 434, § 3; Laws, 1991, ch. 608, § 5, eff from and after July 1, 1991, (became law without the Governor’s signature); Laws, 2002, ch. 463, § 4, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 2010, ch. 558, § 6, provides:

“SECTION 6. Sections 1, 2 and 3, Chapter 564, Laws of 2007, which authorize the Mississippi Development Authority to lease the Old School for the Blind property, are hereby repealed.”

Amendment Notes —

The 2002 amendment substituted “Individuals with Disabilities” for “Disabled Persons” in the third sentence; and substituted “eligible individuals with disabilities” for “disabled persons” in the fourth sentence.

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 44, 92, 94, 95, 120, 122.

CJS.

78A C.J.S., Schools and School Districts §§ 733, 734.

§ 37-33-19. Duties of Office of Vocational Rehabilitation.

Except as may be otherwise provided by law for the vocational rehabilitation of the blind, the state board, through the Office of Vocational Rehabilitation, shall provide vocational rehabilitation services to eligible individuals with disabilities determined by the director to be eligible therefor, and in carrying out the purposes of the Vocational Rehabilitation Law, the office is authorized among other things:

To cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of eligible individuals with disabilities, in studying the problems involved therein, and in establishing, developing and providing, in conformity with the purposes of that law, such programs, facilities and services as may be necessary or desirable;

To conduct research and compile statistics relating to the vocational rehabilitation of eligible individuals with disabilities;

To prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of eligible individuals with disabilities.

HISTORY: Codes, 1942, § 6504.4; Laws, 1948, ch. 289, § 4; Laws, 2002, ch. 463, § 5, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Vocational rehabilitation for the blind, see §§37-33-51 et seq.

§ 37-33-21. Cooperation with federal government.

The state board, through the Office of Vocational Rehabilitation, shall cooperate under agreements with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and comply with such conditions as may be necessary to secure the full benefits of those federal statutes and appropriations, administer any legislation pursuant thereto enacted by the State of Mississippi, direct the disbursement and administer the use of all funds provided by the federal government or this state for the vocational rehabilitation of individuals with disabilities of this state and do all things necessary to insure the vocational rehabilitation of individuals with disabilities.

HISTORY: Codes, 1930, § 6713; 1942, § 6506; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1948, ch. 289, § 5; Laws, 2002, ch. 463, § 6, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Duty of worker’s compensation commission to cooperate with federal, state and local agencies in rehabilitation of handicapped workers, see §71-3-105.

§ 37-33-23. Eligibility for vocational rehabilitation; services provided.

Vocational rehabilitation services may be provided to any eligible individuals with disabilities who are present in the state at the time of filing an application therefor and whose vocational rehabilitation, the director determines after full investigation, can be satisfactorily achieved.

Except as otherwise provided by law or as specified in any agreement with the federal government with respect to classes of individuals certified to the state board under that agreement, the following rehabilitation services may be provided to eligible individuals with disabilities found to require vocational rehabilitation services to achieve an employment outcome:

Physical restoration;

Transportation for vocational rehabilitation services to the nature and extent of the services necessary;

Occupational licenses;

Placement equipment, tools, and supplies;

Maintenance;

Training books and materials.

HISTORY: Codes, 1942, § 6504.5; Laws, 1948, ch. 289, § 9; Laws, 2002, ch. 463, § 7, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical courses, see §37-11-49.

§ 37-33-25. Hearings.

Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the office shall be entitled, in accordance with regulations promulgated by the state board, to a fair hearing.

HISTORY: Codes, 1942, § 6504.7; Laws, 1948, ch. 289, § 11; Laws, 2002, ch. 463, § 8, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “office” for “division.”

§ 37-33-27. Maintenance; right not transferable or assignable; exempt from creditors’ claims.

The right of eligible individuals with disabilities to maintenance under the Vocational Rehabilitation Law shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

HISTORY: Codes, 1942, § 6504.6; Laws, 1948, ch. 289, § 10; Laws, 2002, ch. 463, § 9, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “eligible individuals with disabilities” for “a disabled individual.”

Cross References —

Right of individual who is blind to maintenance not transferable or assignable and is exempt from creditors’ claims, see §37-33-67.

§ 37-33-29. Misuse of vocational rehabilitation lists and records unlawful; misdemeanor.

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, for eligible individuals with disabilities, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, except in response to summons, subpoena or other order of a court. Any violation of this section shall be a misdemeanor and punishable accordingly.

HISTORY: Codes, 1942, § 6504.8; Laws, 1948, ch. 289, § 12; Laws, 2002, ch. 463, § 10, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “eligible individuals with disabilities” for “a disabled individual.”

Cross References —

Imposition of standard state assessment n addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-33-31. Receipt and disbursement of vocational rehabilitation funds.

The State Treasurer is designated as the custodian of all funds received by the state from appropriations made by the Congress of the United States or from other sources for the purpose of carrying out any state or federal statutes pertaining to vocational rehabilitation. The State Treasurer is authorized to receive and provide for the proper custody of such funds and to establish such special funds and accounts as may be necessary. He shall make disbursements therefrom for vocational rehabilitation purposes upon requisition by the executive director or when so authorized by the director on behalf of the executive director and upon the issuance of warrants thereunder by the State Fiscal Officer.

HISTORY: Codes, 1930, § 6712; 1942, § 6505; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1948, ch. 289, § 6; Laws, 1983, ch. 521, § 11; Laws, 1989, ch. 544, § 71; Laws, 1991, ch. 608, § 6, eff from and after July 1, 1991, (became law without the Governor’s signature).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Duties of state treasurer generally, see §7-9-9.

Designation of state treasurer as sole agent to receive and disburse funds to be expended under the direction of state officials and agencies for benefit of state, see §7-9-23.

Designation of state treasurer as custodian of all federal moneys received under Smith-Hughes Act, see §37-31-9.

Creation and organization of department of human services; executive director; see §43-1-2.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 120, 122.

CJS.

78 C.J.S., Schools and School Districts §§ 9 et seq.

§ 37-33-33. Appropriations.

Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services and for the administration of said program shall be submitted in such manner as may be provided by law, and sufficient funds for the purpose of carrying out the provisions of the Vocational Rehabilitation Law shall be appropriated by the legislature. In the event federal funds are available to the State of Mississippi for vocational rehabilitation purposes, the division of vocational rehabilitation is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and constitution. In the event the national congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the state legislature shall appropriate such funds as may be necessary to carry out the provisions of said law.

HISTORY: Codes, 1930, § 6715; 1942, § 6508; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1948, ch. 289, § 7.

Cross References —

Appropriation of moneys for vocational education to match federal appropriations under Smith-Hughes Act, see §37-31-11.

§ 37-33-35. Saving clause.

The legislature reserves the right to amend or repeal all or any part of the Vocational Rehabilitation Law at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by said law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal said law at any time.

HISTORY: Codes, 1942, § 6508.2; Laws, 1948, ch. 289, § 14.

Vocational Rehabilitation for the Blind

§ 37-33-51. Short title.

Sections 37-33-51 through 37-33-75 shall be known as the “Vocational Rehabilitation for the Blind Law of Mississippi.”

HISTORY: Codes, 1942, § 6508.5-01; Laws, 1948, ch. 303, § 1.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-33-53. Definitions.

As used in the Vocational Rehabilitation for the Blind Law:

“Department” or “agency” means the State Department of Rehabilitation Services;

“Director” means the Director of the Office of Vocational Rehabilitation for the Blind;

“Executive director” means the Executive Director of the State Department of Rehabilitation Services;

“Independent living services” includes, but are not limited to, the following services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) independent living core services (information and referral services, independent living skills training, peer counseling including cross-disability peer counseling, and individual and systems advocacy) and: (ii) counseling services, including psychological, psychotherapeutic, and related services; (iii) services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of the Rehabilitation Act and of the titles of the Rehabilitation Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iv) rehabilitation technology; (v) mobility training; (vi) services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services; (vii) personal assistance services, including attendant care and the training of personnel providing such services; (viii) surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services; (ix) consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under the Rehabilitation Act; (x) education and training necessary for living in a community and participating in community activities; (xi) supported living; (xii) transportation, including referral and assistance for that transportation and training in the use of public transportation vehicles and systems; (xiii) physical rehabilitation; (xiv) therapeutic treatment; (xv) provision of needed prostheses and other appliances and devices; (xvi) individual and group social and recreational services; (xvii) training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (xviii) services for children; (xix) services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance, of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with disabilities; (xx) appropriate preventive services to decrease the need of individuals assisted under the Rehabilitation Act for similar services in the future; (xxi) community awareness programs to enhance the understanding and integration into society of individuals with disabilities; and (xxii) such other services as may be necessary and not inconsistent with the provisions of the most current amendment of the Rehabilitation Act;

“Individual who is blind” means any person with insufficient vision to perform vocational or independent living tasks for which sight is essential;

“Maintenance” means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual’s participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual’s receipt of vocational rehabilitation services under an individualized plan for employment;

“Physical restoration services” means (i) corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; (ii) diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with state licensure laws; (iii) dentistry; (iv) nursing services; (v) necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; (vi) drugs and supplies; (vii) prosthetic and orthotic devices; (viii) eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with state licensure laws; (ix) podiatry; (x) physical therapy; (xi) occupational therapy; (xii) speech or hearing therapy; (xiii) mental health services; (xiv) treatment of either acute or chronic medical complications and emergencies that are associated with or arise out of the provision of physical and mental restoration services, or that are inherent in the condition under treatment; (xv) special services for the treatment of individuals with end-stage renal disease, including transplantation, dialysis, artificial kidneys, and supplies; and (xvi) other medical or medically related rehabilitation services;

“Prosthetic appliance” means any artificial device necessary to support, to take the place of, a part of the body, or to increase the acuity of a sense organ;

“Occupational licenses” means any license, permit or other written authority required by any government unit to be obtained in order to engage in an occupation;

“Office” means the Office of Vocational Rehabilitation for the Blind;

“Regulations” means regulations made by the director with the approval of the executive director and the state board, including regulations pertaining to independent living services;

“Rehabilitation engineering services” means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas, such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community;

“Rehabilitation training” means all necessary training provided to an individual who is blind to enable him or her to overcome his or her substantial impediment to employment, including, but not limited to, manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities;

“Supported employment services” means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by the department (i) for a period of time not to exceed eighteen (18) months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and (ii) following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment;

“State board” means the State Board of Rehabilitation Services;

“Substantial impediment to employment” means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual’s abilities and capabilities;

“Vocational rehabilitation” and “vocational rehabilitation services” mean, for an individual who is blind, services available to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including, but not limited to, services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (ii) assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (iii) vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice; (iv) referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system and to advise those individuals about client assistance programs; (v) physical and mental restoration services, to the extent that financial support is not readily available from a source other than the State Department of Rehabilitation Services (such as through health insurance or a comparable service or benefit); (vi) vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this law unless maximum efforts have been made by the state unit and the individual to secure grant assistance in whole or in part from other sources to pay for that training; (vii) maintenance; (viii) transportation in connection with the rendering of any vocational rehabilitation service; (ix) vocational rehabilitation services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome; (x) interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel; (xi) reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind; (xii) job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services; (xiii) supported employment services; (xiv) personal assistance services; (xv) post-employment services; (xvi) occupational licenses, tools, equipment, initial stocks, and supplies; (xvii) rehabilitation technology including vehicular modification, telecommunications, sensory, and other technological aids and devices; (xviii) transition services; (xix) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome; (xx) other goods and services determined necessary for the individual with a disability to achieve an employment outcome.

HISTORY: Codes, 1942, § 6508.5-02; Laws, 1948, ch. 303, § 2; Laws, 1964, ch. 447, § 1; Laws, 1975, ch. 434, § 1; Laws, 1989, ch. 467, § 1; Laws, 1989, ch. 544, § 91; Laws, 1990, ch. 522, § 7; Laws, 1991, ch. 608, § 28, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 14, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Vocational rehabilitation for the blind agency not subject to Board of Trustees for the School for the Blind, see §37-33-54.

Department of Rehabilitation Services, see §37-33-153.

Board of Rehabilitation Services, see §37-33-155.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-54. Administration of Vocational Rehabilitation for the Blind Law.

The State Department of Rehabilitation Services, through the Office of Vocational Rehabilitation for the Blind, shall administer the Vocational Rehabilitation for the Blind Law as prescribed in Sections 37-33-53 through 37-33-75, Sections 43-3-3 through 43-3-15 and Section 43-3-93. The executive director of the department shall assign to the office such powers and duties deemed appropriate to carry out the lawful functions of this law and any federal law or regulation.

HISTORY: Laws, 1989, ch. 544, § 90; Laws, 1991, ch. 608, § 29, eff from and after July 1, 1991, (became law without the Governor’s signature).

Cross References —

General provisions regarding reorganization of executive branch of government, see §§7-17-1 et seq.

Department of Rehabilitation Services generally, see §§37-33-151 et seq.

Powers and duties of the executive director of the State Department of Rehabilitation Services, see §37-33-161.

Transfer of functions, personnel, appropriations, etc., to Department of Rehabilitation services, see §37-33-201.

§ 37-33-55. General powers and duties of director of Office of Vocational Rehabilitation for the Blind.

The Office of Vocational Rehabilitation for the Blind established by Section 37-33-153 shall be administered by the director under supervision of the executive director and the state board, in conformity with federal policies adopted by the department. The director shall be selected by the executive director in accordance with established personnel standards and on the basis of his or her education, training, experience and administrative ability. The director shall devote his or her full time to the administration of vocational rehabilitation. In carrying out his or her duties under the Vocational Rehabilitation for the Blind Law, the director:

Shall, with the approval of the executive director, make regulations in conformity with the most recent amendment of the federal Rehabilitation Act and its associated regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for vocational rehabilitation services, procedures for fair hearings, and such other regulations as are found necessary to carry out the purposes of that law;

Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office for providing vocational rehabilitation, independent living, supported employment, rehabilitation engineering and other services to children, adolescents and adults under federal and state regulatory guidelines;

Shall, with the approval of the executive director, recommend for appointment of such personnel as may be necessary for the efficient performance of the functions of the office;

Shall prepare and submit to the state board through the executive director annual reports of activities and expenditures and, before each regular session of the Legislature, shall submit estimates of sums required for carrying out the Vocational Rehabilitation for the Blind Law and estimates of the amounts to be made available for this purpose from all sources;

Shall, if the executive director so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for vocational rehabilitation for individuals who are blind;

Shall, with the approval of the executive director and the state board, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Vocational Rehabilitation for the Blind Law;

May, with the approval of the executive director and the state board, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Vocational Rehabilitation for the Blind Law;

Shall, with the approval of the executive director and the state board, appoint committees to serve as the governing authority for independent living centers or other entities as required by federal law.

HISTORY: Codes, 1942, § 6508.5-03; Laws, 1948, ch. 303, § 3; Laws, 1975, ch. 434, § 2; Laws, 1989, ch. 467, § 2; Laws, 1989, ch. 544, § 92; Laws, 1990, ch. 522, § 8; Laws, 1991, ch. 608, § 30, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 15, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Executive director generally, see §37-33-161.

Creation and organization of department of human services; executive director; see §43-1-2.

Supervision by Vocational Rehabilitation for the Blind of the operation of vending facilities by blind persons, see §43-3-93.

Federal Aspects—

Federal Vocational Rehabilitational Act, see 29 USCS §§ 701 et seq.

§ 37-33-57. Acceptance and disposition of gifts and donations; annual report.

The director, with the approval of the executive director and the state board, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Vocational Rehabilitation for the Blind Law, from either public or private sources. Gifts made under such conditions as in the judgment of the state board are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatment, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the “Special Fund for the Vocational Rehabilitation” of Individuals who are Blind, and to be used by the state board for those purposes. The state board shall report annually to the State Legislature, setting forth the condition of vocational rehabilitation of individuals who are blind in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursements made therefrom.

HISTORY: Codes, 1942, § 6508.5-08; Laws, 1948, ch. 303, § 8; Laws, 1970, ch. 381, § 1; Laws, 1975, ch. 434, § 3; Laws, 1989, ch. 544, § 93; Laws, 1990, ch. 522, § 9; Laws, 1991, ch. 434, § 4; Laws, 1991, ch. 608, § 31, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 16, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the third sentence; and substituted “individuals who are blind” for “blind persons” in the fourth sentence.

Cross References —

Powers and duties of the executive director of the State Department of Rehabilitation Services, see §37-33-161.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-59. Duties of department.

The department shall provide vocational rehabilitation services to individuals who are blind who are determined by the department to be eligible therefor, and in carrying out the purposes of the Vocational Rehabilitation for the Blind Law, the department is authorized among other things:

To cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of individuals who are blind, in studying the problems involved therein, and in establishing, developing and providing, in conformity with the purposes of that law, such programs, facilities and services as may be necessary or desirable;

To conduct research and compile statistics relating to the vocational rehabilitation of individuals who are blind;

To prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of individuals who are blind.

HISTORY: Codes, 1942, § 6508.5-04; Laws, 1948, ch. 303, § 4; Laws, 1975, ch. 434, § 4; Laws, 1989, ch. 544, § 94; Laws, 2002, ch. 463, § 17, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Establishment and maintenance of vocation education department at state school for blind, see §37-31-15.

Creation and organization of department of human services; executive director; see §43-1-2.

Supervision by Vocational Rehabilitation for the Blind of the operation of vending facilities by blind persons, see §43-3-93.

§ 37-33-61. Cooperation with federal government.

The department, through the office, shall cooperate, under agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation of individuals who are blind, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of those agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of those federal statutes and appropriations, to administer any legislation under those federal statutes and appropriations that is enacted by the State of Mississippi, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the vocational rehabilitation of individuals who are blind in this state, and to do all things necessary to insure the vocational rehabilitation of individuals who are blind.

HISTORY: Codes, 1942, § 6508.5-05; Laws, 1948, ch. 303, § 5; Laws, 1975, ch. 434, § 5; Laws, 1989, ch. 544, § 95; Laws, 1991, ch. 608, § 32, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 18, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Transfer of functions, personnel, appropriations, etc., to Department of Rehabilitation Services, see §37-33-201.

Creation and organization of department of human services; executive director; see §43-1-2.

Duty of worker’s compensation commission to cooperate with federal, state and local agencies in rehabilitation of handicapped workers, see §71-3-105.

§ 37-33-63. Eligibility for vocational rehabilitation; services provided.

  1. Vocational rehabilitation services shall be provided to any individual who is blind, (i) who is a resident of the state at the time of filing his or her application therefor and whose vocational rehabilitation the director determines after full investigation can be satisfactorily achieved, or (ii) who is eligible therefor under the terms of an agreement with another state or with the federal government. Except as otherwise provided by law or as specified in any agreement with the federal government with respect to classes of individuals certified to the agency under that agreement, the following rehabilitation services shall be provided to blind individuals, utilizing available financial resources. These may include state, federal and/or personal funds. The services shall include:
    1. Physical restoration;
    2. Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary;
    3. Occupational licenses;
    4. Placement equipment, tools and supplies;
    5. Maintenance;
    6. Training books and materials;
    7. Supported employment services, rehabilitation engineering services and independent living services.
  2. No person shall be determined ineligible because of financial status.

HISTORY: Codes, 1942, § 6508.5-09; Laws, 1948, ch. 303, § 9; Laws, 1975, ch. 434, § 6; Laws, 1989, ch. 467, § 3; Laws, 2002, ch. 463, § 19, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment in (1), substituted “individual who is blind” for “blind individual” in the first sentence; substituted “under that agreement” for “thereunder” in the second sentence, and made a gender neutralization change.

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

Supervision by Vocational Rehabilitation for the Blind of the operation of vending facilities by blind persons, see §43-3-93.

§ 37-33-65. Hearings.

Any individual applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the department shall be entitled, in accordance with regulations promulgated by the department, to a fair hearing.

HISTORY: Codes, 1942, § 6508.5-11; Laws, 1948, ch. 303, § 11; Laws, 1975, ch. 434, § 7; Laws, 1989, ch. 467, § 4; Laws, 1989, ch. 544, § 96, eff from and after July 1, 1989.

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-67. Maintenance; right not transferable or assignable; exempt from creditors’ claims.

The right of an individual who is blind to maintenance under the Vocational Rehabilitation for the Blind Law shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

HISTORY: Codes, 1942, § 6508.5-10; Laws, 1948, ch. 303, § 10; Laws, 1975, ch. 434, § 8, eff from and after passage (approved March 27, 1975); Laws, 2002, ch. 463, § 20, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “an individual who is blind” for “a blind individual.”

Cross References —

Right of eligible individuals with disabilities to maintenance not transferable or assignable and is exempt from creditors’ claims, see §37-33-27.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-69. Misuse of vocational rehabilitation lists and records; misdemeanor.

It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program for individuals who are blind, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation services, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, except in response to summons, subpoena or other order of a court. Any violation of this section shall be a misdemeanor and punishable accordingly.

HISTORY: Codes, 1942, § 6508.5-12; Laws, 1948, ch. 303, § 12; Laws, 2002, ch. 463, § 21, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “individuals who are blind” for “the blind” near the beginning; and inserted “services ” preceding “directly or indirectly.”

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-33-71. Receipt and disbursement of vocational rehabilitation funds.

The State Treasurer is designated as the custodian of all funds received by the state from appropriations made by the Congress of the United States, or from other sources for the purpose of carrying out any state or federal statutes pertaining to vocational rehabilitation services for individuals who are blind. The State Treasurer is authorized to receive and provide for the proper custody of those funds, establish such special funds and accounts as may be necessary, and shall make disbursements from those funds and accounts for vocational rehabilitation purposes upon requisition by the executive director and upon the issuance of warrants by the State Fiscal Officer.

HISTORY: Codes, 1942, § 6508.5-06; Laws, 1948, ch. 303, § 6; Laws, 1975, ch. 434, § 9; Laws, 1989, ch. 544, § 97; Laws, 2002, ch. 463, § 22, eff from and after July 1, 2002.

Editor’s Notes —

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Duties of state treasurer generally, see §7-9-9.

Designation of state treasurer as sole agent to receive and disburse funds to be expended under direction of state officials and agencies for benefit of state, see §7-9-23.

Designation of state treasurer as custodian of federal moneys received under Smith-Hughes Act, see §37-31-9.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-73. Appropriations.

Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services for the blind and for the administration of said program shall be submitted in such manner as may be provided by law, and sufficient funds for the purpose of carrying out the provisions of the Vocational Rehabilitation for the Blind Law shall be appropriated by the Legislature. In the event federal funds are available to the State of Mississippi for vocational rehabilitation purposes, the department is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and constitution. In the event the national Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the State Legislature shall appropriate such funds as may be necessary to carry out the provisions of said law.

HISTORY: Codes, 1942, § 6508.5-07; Laws, 1948, ch. 303, § 7; Laws, 1975, ch. 434, § 10; Laws, 1989, ch. 544, § 98, eff from and after July 1, 1989.

Cross References —

Appropriation of moneys for vocational education to match federal appropriations under Smith-Hughes Act, see §37-31-11.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-75. Saving clause.

The legislature reserves the right to amend or repeal all or any part of the Vocational Rehabilitation for the Blind Law at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by said law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal said law at any time.

HISTORY: Codes, 1942, § 6508.5-14; Laws, 1948, ch. 303, § 14; Laws, 1975, ch. 434, § 11, eff from and after passage (approved March 27, 1975).

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

Programs of Services for Hearing-Impaired Students

§ 37-33-81. Contracts for implementation and maintenance of programs of services for hearing-impaired students; appropriations.

  1. The Office of Vocational Rehabilitation of the State Department of Rehabilitation Services may enter into contracts with appropriate post-secondary educational institutions in the state for the purpose of implementing and maintaining programs of services for hearing-impaired students.
  2. Those programs shall be funded from funds appropriated to the office by the Legislature or from any other resource identified and accessed by the office. The office shall continue to administer those programs for each year deemed suitable by the office.

HISTORY: Laws, 1987, ch. 342; Laws, 1989, ch. 544, § 72; Laws, 1991, ch. 608, § 7, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 11, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “may” for “is authorized” in (1); substituted “those” for “such” twice in (2); and deleted former (3).

Cross References —

Education of exceptional children generally, see §§37-23-1 et seq.

State Department of Rehabilitation Services generally, see §§37-33-151 et seq.

Office of Vocational Rehabilitation, see §37-33-153.

Creation and organization of department of human services; executive director; see §43-1-2.

Schools for the blind and deaf generally, see §§43-5-1 et seq.

RESEARCH REFERENCES

ALR.

Reviewability before trial of order denying qualified immunity to defendant sued in state court under 42 USCS § 1983. 49 A.L.R.5th 717.

Discrimination actions, under 42 USCS § 1983, for violations of federal statutes pertaining to rights of handicapped persons. 63 A.L.R. Fed. 215.

What services must federally assisted school provide for handicapped children under Education of the Handicapped Act (20 USCS §§ 1401 et seq). 63 A.L.R. Fed. 856.

Rehabilitation Services to Enable Disabled Persons to Attain Independent Living [Repealed]

§§ 37-33-91 through 37-33-95. Repealed.

Repealed by Laws, 2002, ch. § 50, eff from and after July 1, 2002.

§37-33-91. [Codes, 1942, § 6504.9; Laws, 1962, ch. 377; Laws, 1983, ch. 521, § 12; Laws, 1989, ch. 544; § 73; Laws, 1991, ch. 608, § 8, eff from and after July 1, 1991 (became law without the Governor’s signature).]

§37-33-93. [Laws, 1985, ch. 472, § 1; Laws, 1986, ch. 494, § 1; reenacted, Laws, 1987, ch. 370; § 1; Laws, 1989, ch. 544, § 74, Laws, 1989, ch. 579, § 1, eff from and after July 1, 1989.]

§37-33-95. [Laws, 1985, ch. 472, § 3; reenacted, Laws, 1987, ch. 370; § 2; Laws, 1989, ch. 544, § 75, Laws, 1990, ch. 522, § 10, Laws, 1991, ch. 608, § 9, eff from and after July 1, 1991 (became law without the Governor’s signature).]

Editor’s Notes —

Former §37-33-91 provided for rehabilitation services to enable disabled persons to attain independent living.

Former §37-33-93 provided for the establishment by the Independent Living Center of attendant care program for severely, physically disabled persons.

Former §37-33-95 provided for the promulgation of rules and regulations necessary for the proper administration of the attendant care program.

Sheltered Workshops

§ 37-33-101. Establishment and operation of community rehabilitation programs authorized.

In addition to the authority now vested in the State Department of Rehabilitation Services, it may establish and operate by any means, including incorporation under the nonprofit laws of this state, a system of community rehabilitation programs in the several counties of the state for the general purposes of training, rehabilitating, retraining and developing individuals with disabilities to become more productive citizens, including, but not limited to training and job coaching, in order to obtain the maximum degree of independent living.

HISTORY: Codes, 1942, § 6504.11; Laws, 1966, ch. 429, § 1; Laws, 1970, ch. 379, § 1; Laws, 1983, ch. 521, § 13; Laws, 1989, ch. 544, § 76; Laws, 1991, ch. 608, § 10, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 28, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

State Department of Rehabilitation Services generally, see §§37-33-151 et seq.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-103. Powers of Executive Director of Department of Rehabilitation Services.

The Executive Director of the State Department of Rehabilitation Services, through the Director of the Office of Vocational Rehabilitation, may, within budgetary limitations, purchase and operate motor vehicles for the purpose of transporting material, products and clients, and may employ program coordinating, supervising, support and production personnel to properly effectuate the purposes for which community rehabilitation programs are established under Section 37-33-101. The director may designate a member of his or her staff to execute and enter into, on behalf of the office, contracts and subcontracts with any industry, manufacturer or other party for the production and the manufacture of goods or provision of services in the community rehabilitation program; however, the director must approve the general terms and conditions thereof. The director may authorize community rehabilitation programs to manufacture items and/or provide services for sale to jobbers or directly to the general public.

HISTORY: Codes, 1942, § 6504.11; Laws, 1966, ch. 429, § 1; Laws, 1970, ch. 379, § 1; Laws, 1983, ch. 521, § 14; Laws, 1989, ch. 544, § 77; Laws, 1991, ch. 608, § 11, eff from and after July 1, 1991, (became law without the Governor’s signature); Laws, 2002, ch. 463, § 29, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

State Department of Rehabilitation Services generally, see §§37-33-151 et seq.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-105. Disposition of funds received; expenditures from special fund; application for, acceptance and use of gifts, grants or other property.

All proceeds from community rehabilitation program contracts or other funds paid for services, fees or items sold shall be deposited in a special fund in an established local county or central state depository and shall be subject to audit by the State Auditor. All expenditures from the special fund shall be made on the signatures of the community rehabilitation program staff as designated by the Director of the Office of Vocational Rehabilitation. The earnings of all client-trainee persons and all production personnel shall be paid from that fund. Instructor-supervisors and support personnel may be paid in whole or in part from that fund. The director, on behalf of the State Department of Rehabilitation Services, is authorized to apply for and accept gifts, grants or other personal or real property to be used for the purposes of Section 37-33-101.

HISTORY: Codes, 1942, § 6504.11; Laws, 1966, ch. 429, § 1; Laws, 1970, ch. 379, § 1; Laws, 1983, ch. 521, § 15; Laws, 1989, ch. 544, § 78; Laws, 1991, ch. 608, § 12, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 30, eff from and after July 1, 2002.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Director of Office of Vocational Rehabilitation generally, see §37-33-15.

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-107. Counties and municipalities may support community rehabilitation programs.

The board of supervisors and the governing authorities of municipalities may, in their discretion, make reasonable appropriations from the general fund of the municipality or county for the support of community rehabilitation programs established by Section 37-33-101, to train, rehabilitate, retrain, and develop more productive lives for individuals with disabilities within the respective counties.

HISTORY: Codes, 1942, § 6504.13; Laws, 1968, ch. 424, § 1; Laws, 2002, ch. 463, § 31, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Funding of Rehabilitation Services for the Severely Disabled

§ 37-33-121. Declaration of purpose.

The purpose of Sections 37-33-121 through 37-33-131 is to improve rehabilitation services for severely disabled individuals in Mississippi by providing for the development and continuation of community rehabilitation programs.

HISTORY: Laws, 1975, ch. 509, § 1; Laws, 2002, ch. 463, § 32, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-123. Community rehabilitation program defined.

For the purposes of Sections 37-33-121 through 37-33-131, a community rehabilitation program means a program that provides directly or facilitates the provision of services to individuals with disabilities to enable them to maximize their opportunities for employment. These specialized programs provide paid, time-limited work experiences to clients with disabilities through the manufacture of goods or provision of services sold to industry or other parties as the primary means in rendering realistic work based evaluation and training services designed to enable clients with disabilities to attain the necessary work skills, habits, behaviors, and experience required to successfully obtain and maintain competitive employment. Additional services provided by the community rehabilitation program to enhance and facilitate the employability of clients with disabilities include, but are not limited to, vocational evaluation/career exploration and planning, counseling and guidance, job readiness and job seeking skills training, on the job evaluation and other therapeutic or work training services that support or contribute to the ultimate employment of clients with disabilities.

HISTORY: Laws, 1975, ch. 509, § 2; Laws, 2002, ch. 463, § 33, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Creation and organization of department of human services; executive director; see §43-1-2.

§ 37-33-125. Receipt of funds by Office of Vocational Rehabilitation.

Funds for the purpose of providing grants to assist in the establishing and operating of community rehabilitation programs for severely disabled individuals may be received by the Office of Vocational Rehabilitation, State Department of Rehabilitation Services from appropriations by the Legislature, from grants from other state agencies, departments, divisions, commissions and boards having funds available for this purpose, and from the federal government. The Office of Vocational Rehabilitation, State Department of Rehabilitation Services, shall promulgate and publish rules and regulations that shall govern the distribution of those grants and the matching basis incumbent thereto.

HISTORY: Laws, 1975, ch. 509, § 3; Laws, 1983, ch. 521, § 16; Laws, 2002, ch. 463, § 34, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Creation and organization of department of human services and its executive director, see §43-1-2.

§ 37-33-127. Applications for assistance in maintaining community rehabilitation programs; expenditure of general funds; acceptance of gifts or grants; matching of federal funds.

  1. Any city, county, nonprofit corporation, state-supported institution, or any combination thereof, may apply to the Director of the Office of Vocational Rehabilitation of the State Department of Rehabilitation Services for assistance in establishing or operating, or both establishing and operating, a community rehabilitation program. Applications for that assistance shall be on forms supplied by the Office of Vocational Rehabilitation. Each applicant shall annually submit to the Director of the Office of Vocational Rehabilitation its plan and budget for the next fiscal year. No applicant shall be eligible for a grant under this section unless its plan and budget have been approved by the director.
  2. In order to provide the necessary funds for a community rehabilitation program, the governing body of any city or county may expend any money in the general fund of the city or county for that purpose. Any city, county, nonprofit corporation and state-supported institution may accept gifts or grants from any source for the community rehabilitation program. Any money received as a gift or nonfederal grant may be used to match federal funds.

HISTORY: Laws, 1975, ch. 509, § 4; Laws, 1983, ch. 521, § 17; Laws, 1989, ch. 544, § 79; Laws, 1991, ch. 608, § 13, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 35, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Director of Office of Vocational Rehabilitation generally, see §37-33-15.

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Creation and organization of department of human services and its executive director, see §43-1-2.

§ 37-33-129. Community rehabilitation program board of directors.

  1. Every city, county, nonprofit corporation, state-supported institution, or combination thereof establishing a community rehabilitation program shall appoint a community rehabilitation program board of directors of not less than nine (9) members before becoming eligible for the assistance provided by Sections 37-33-121 through 37-33-131. When any city or county singly establishes such a community rehabilitation program, the board shall be appointed by the governing authorities of the city or county. When any combination of cities, counties, state-supported institutions, or nonprofit corporations establishes such a community rehabilitation program, the governing authorities of the county, city, or nonprofit corporations and directors of state-supported institutions shall appoint the board. If a nonprofit corporation singly establishes such a community rehabilitation program, the corporation shall appoint the board of directors. Membership on a board shall be representative of the community served and shall include an individual with a disability. One-third (1/3) to one-half (1/2) of the board shall be representative of lay associations for individuals with disabilities, labor, the general public and education, welfare, medical and health professions. Nothing in Sections 37-33-121 through 37-33-131 shall be construed to preclude the appointment of elected or appointed public officials or members of the board of directors of the sponsoring nonprofit corporation to the board, so long as representation described above is preserved.
  2. The term of office of each member of the community rehabilitation program board shall be for four (4) years, measured from the first day of the year of appointment, except as follows: Of the members first appointed, at least three (3) shall be appointed for a term of two (2) years, at least three (3) for a term of three (3) years, and at least three (3) for a term of four (4) years. Vacancies shall be filled for the unexpired term in the same manner as original appointments. Any member of a board may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office, after being given written statement of charges and an opportunity to be heard on the charges.
  3. Subject to the provisions of Sections 37-33-121 through 37-33-131 and the rules and regulations of the Office of Vocational Rehabilitation of the State Department of Rehabilitation Services, each community rehabilitation program board shall:
    1. Review and evaluate the need for a community rehabilitation program provided by Sections 37-33-121 through 37-33-131 and report thereon to the Director of the Office of Vocational Rehabilitation, the administrator of the local program, and, when indicated, the public, together with recommendations for additional services and facilities;
    2. Recruit and promote local financial support for the program from private sources such as united funds, business, industrial and private foundations, voluntary agencies and other lawful sources and promote public support for municipal and county appropriations;
    3. Promote, arrange and implement working agreements with other educational and social service agencies both public and private and any other allied agencies;
    4. Advise the local administrator of the community rehabilitation program on the adoption and implementation of policies to stimulate effective community relations;
    5. Review the annual plan and budget and make recommendations thereon;
    6. When so determined by the authority establishing the program, act as the local administrator of the program.

HISTORY: Laws, 1975, ch. 509, § 5; Laws, 1983, ch. 521, § 18; Laws, 1989, ch. 544, § 80; Laws, 1990, ch. 522, § 11; Laws, 1991, ch. 608, § 14, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 36, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Director of Office of Vocational Rehabilitation generally, see §37-33-15.

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Creation and organization of department of human services and its executive director, see §43-1-2.

§ 37-33-131. Powers of Director of Office of Vocational Rehabilitation as to grants for community rehabilitation programs; promulgation of rules and regulations.

  1. The Director of the Office of Vocational Rehabilitation, on behalf of the State Department of Rehabilitation Services, may make grants to assist cities, counties, nonprofit corporations and state-supported institutions, or any combination thereof in the establishment, operation and expansion of community rehabilitation programs. The director may accept federal grants or aids on behalf of the State Department of Rehabilitation Services and shall cooperate with federal agencies in any reasonable manner necessary to qualify for those federal grants or aids for community rehabilitation programs.
  2. At the beginning of each fiscal year, the director shall allocate funds, as available for this program, to community rehabilitation programs for disbursement during the fiscal year in accordance with their approved plans or budgets. The director shall from time to time during the fiscal year review the budgets and expenditures of the various programs.
  3. The Director of the Office of Vocational Rehabilitation, with the approval of the Executive Director of the State Department of Rehabilitation Services, shall have the authority to promulgate rules and regulations in regard to the following matters:
    1. State certification of all community rehabilitation programs;
    2. Eligibility of community rehabilitation programs to receive state grants or be designated as a qualified provider of community rehabilitation program services;
    3. Standards for qualification of personnel, salary schedule, quality of professional service, in-service training and educational leave programs for personnel;
    4. Regulatory fees for consultation services;
    5. Standards as to types and kinds of severely disabled individuals eligible for those services; and
    6. Such other rules and regulations as he or she deems necessary to carry out the purposes of Sections 37-33-121 through 37-33-131.

HISTORY: Laws, 1975, ch. 509, § 6; Laws, 1983, ch. 521, § 19; Laws, 1989, ch. 544, § 81; Laws, 1990, ch. 522, § 12; Laws, 1991, ch. 608, § 15, eff from and after July 1, 1991, (became law without the Governor’s signature); Laws, 2002, ch. 463, § 37, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Director of Office of Vocational Rehabilitation generally, see §37-33-15.

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Creation and organization of department of human services and its executive director, see §43-1-2.

§ 37-33-133. Disposition of funds obtained from manufacture of goods; disposition of nonappropriated funds generated by community rehabilitation program facilities.

Any funds obtained by the State Department of Rehabilitation Services as a result of the manufacture of goods shall be used and accounted for separately from any funds received by the department through appropriations from the Legislature. All nonappropriated funds generated by community rehabilitation program facilities shall not be subject to appropriation by the Legislature, but must be used in accordance with the federal regulations set forth by The Rehabilitation Act of 1973, as amended.

HISTORY: Laws, 1991, ch. 608, § 16, eff from and after July 1, 1991(became law without the Governor’s signature); Laws, 2002, ch. 463, § 38, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “community rehabilitation program” for “long-term sheltered workshop” and added “but must be used in accordance with the federal regulations set forth by The Rehabilitation Act of 1973, as amended” in the second sentence.

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

State Department of Rehabilitation Services

§ 37-33-151. Definitions.

The following terms shall have the meanings ascribed herein, unless the context shall otherwise require:

“Board” means the State Board of Rehabilitation Services.

“Executive Director” means the Executive Director of the State Department of Rehabilitation Services.

“Department” means the State Department of Rehabilitation Services.

“Director” means the administrative head of an office.

“Office” means an administrative subdivision of the department.

HISTORY: Laws, 1983, ch. 521, § 2; Laws, 1989, ch. 544, § 82; Laws, 1990, ch. 522, § 13; Laws, 1991, ch. 608, § 17, eff from and after July 1, 1991, (became law without the Governor’s signature).

Editor’s Notes —

Section 1, ch. 521, Laws of 1983, effective from and after July 1, 1983, provides as follows:

“SECTION 1. It is hereby declared to be the policy of this state to provide rehabilitation services, to the extent needed and feasible within resources available, to eligible disabled and/or handicapped individuals throughout the state, to the end that they may engage in useful and remunerative occupations to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this state and nation, also thereby reducing the burden of dependency on families and taxpayers.”

Cross References —

Transfer to State Department of Rehabilitation Services of powers, duties, etc. of Division of Rehabilitation Services and Division of Vocational Rehabilitation for the Blind of the Department of Human Services, see §37-33-201.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-33-152. Declaration of state policy.

It is declared to be the policy of this state to provide rehabilitation services, to the extent needed and feasible within resources available, to eligible individuals with disabilities throughout the state, to the end that they may engage in useful and remunerative occupations and live independently to the extent of their capabilities, thereby increasing their social and economic well-being and that of their families, and the productive capacity of this state and nation, also thereby reducing the burden of dependency on families and taxpayers.

HISTORY: Laws, 1983, ch. 521, § 1; Laws, 1991, ch. 608, § 2, eff from and after July 1, 1991 (became law without the Governor’s signature); Laws, 2002, ch. 463, § 12, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “individuals with disabilities” for “disabled and/or handicapped individuals.”

Cross References —

Administration of Office of Vocational Rehabilitation, see §37-33-15.

§ 37-33-153. State Department of Rehabilitation Services created; organization of department.

In order to provide for rehabilitation, habilitation and other services to eligible individuals with disabilities, their families and the community, there is created the State Department of Rehabilitation Services. The department shall be composed of the following offices:

The Office of Vocational Rehabilitation;

The Office of Disability Determination Services;

The Office of Special Disability Programs; and

The Office of Vocational Rehabilitation for the Blind.

HISTORY: Laws, 1983, ch. 521, § 3; Laws, 1989, ch. 544, § 68; Laws, 1991, ch. 608, § 18; Laws, 1999, ch. 320, § 1; Laws, 2002, ch. 463, § 13, eff from and after July 1, 2002.

Amendment Notes —

The 1999 amendment substituted “Special Disability Programs” for “Handicapped Services” in (c).

The 2002 amendment substituted “eligible individuals with disabilities” for “disabled persons” in the introductory paragraph.

Cross References —

General provisions regarding reorganization of executive branch, see §§7-17-1 et seq.

Office of Vocational Rehabilitation generally, see §37-33-15.

Office of Vocational Rehabilitation for the Blind generally, see §37-33-54.

Office of Disability Determination Services generally, see §§37-33-163 through37-33-167.

Transfer of powers, functions, records, personnel, etc., to department, see §37-33-201.

Appointment, powers, and duties of Director of Office of Special Disability Programs, see §37-33-207.

Department of Human Services, see §43-1-2.

§ 37-33-155. State Board of Rehabilitation Services.

  1. There is created the State Board of Rehabilitation Services, which shall consist of two (2) appointed members and the following five (5) officials: the Executive Officer of the State Department of Health; the Executive Director of the State Department of Mental Health; the State Superintendent of Public Education, or his designee; the Director of the Division of Vocational and Technical Education of the State Department of Education; and the Executive Director of the Department of Human Services.

    Of the two (2) appointed members, one (1) shall be either an individual who is a client of vocational rehabilitation services or a parent of an individual who is a client of vocational rehabilitation services, and the other shall be either an individual who is visually impaired or a parent of an individual who is visually impaired. The appointed members shall be appointed by the Governor from the state at large, with one (1) appointed for a term to expire on July 1, 1994, and the other appointed for a term to expire on July 1, 1996. Upon the expiration of the initial terms, the members shall be appointed for terms of five (5) years from the expiration date of the previous term. All original and subsequent appointments shall be with the advice and consent of the Senate. An appointment to fill a vacancy, other than by expiration of a term of office, shall be made for the balance of the unexpired term. No board appointee shall be an employee or elected official of the State of Mississippi or a political subdivision thereof, or an employee of the former State Department of Rehabilitation Services before July 1, 1989, or an employee of the Division of Rehabilitation Services of the Department of Human Services or any subordinate administrative unit of the division before July 1, 1991, or an employee of the State Department of Rehabilitation Services after June 30, 1991.

  2. The board shall elect a chairperson from its membership at the first meeting of the original board members and every two (2) years thereafter on July 15 of the year. A majority of the membership of the board shall constitute a quorum for the transaction of any business, and the board shall meet at least quarterly and hold other meetings as are necessary for the purpose of conducting required business. All meetings of the board shall be called by the chairperson, except the first meeting of the original board members, which shall be called by the Governor.
  3. The appointed members of the board shall be compensated at a per diem rate as authorized by Section 25-3-69, plus actual and necessary expenses as authorized by Section 25-3-41. Members of the board appointed before July 1, 1991, shall be paid compensation and expenses under this subsection from funds available to the Division of Rehabilitation Services of the Department of Human Services.

HISTORY: Laws, 1983, ch. 521, § 4; repealed, Laws, 1989, ch. 544, § 89; reenacted and amended, Laws, 1991, ch. 608, § 19; Laws, 1993, ch. 602, § 10, eff from and after July 1, 1993.

Cross References —

Transfer to State Department of Rehabilitation Services of powers, duties, etc. of Division of Rehabilitation Services and Division of Vocational Rehabilitation for the Blind of the Department of Human Services, see §37-33-201.

Mississippi Industries for the Blind (MIB) to be governed by State Board of Rehabilitation Services, see §43-3-103.

§ 37-33-157. General powers and duties of Department of Rehabilitation Services.

The Department of Rehabilitation Services shall provide the rehabilitation services authorized by law and by the rules, regulations and policies of the board to every individual determined to be eligible therefor, and in carrying out the purposes of this chapter the department is authorized, when consistent with the rules, regulations and policies of the State Board of Rehabilitation Services:

To expend funds received either by appropriation or directly from federal or private sources.

To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, and in establishing, developing and providing in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable.

To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned.

To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals.

To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to rehabilitation.

To contract with schools, hospitals and other agencies, and with doctors, optometrists, nurses, technicians and other persons, for training, physical restoration, transportation and other rehabilitation services.

To take such action as may be necessary to enable the department to apply for, accept and receive for the state and its residents the full benefits available under the federal Vocational Rehabilitation Act, and any amendments thereto, and under any other federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services.

To establish an Office on the Deaf and Hard of Hearing to provide services and activities authorized under Section 37-33-171.

To own in the name of the State of Mississippi certain real property described in Section 7 of Chapter 512, Laws of 2005, and to construct, renovate or repair under the supervision of the Department of Finance and Administration any buildings on such property.

To borrow money from the Mississippi Development Bank or other financial institution for the purpose of construction, repair and renovation, furnishing or equipping facilities owned or under the supervision of the department; however, the department shall certify the following to the Mississippi Development Bank or other financial institution prior to entering into any loan:

The available revenue that the department intends to utilize to repay the loan; and

That the department does not intend to request an additional appropriation from state source funding to pay debt service on any loan entered into under this paragraph.

To fingerprint and perform a current criminal history record check, child abuse registry check, sex offender registry check, and vulnerable adult abuse or neglect check on any person performing services for or on behalf of the department including, but not limited to, every employee, volunteer, contractual worker, and independent contractor.

To use the results of the fingerprinting and background checks performed under paragraph (k) for the purposes of employment decisions and/or actions and service provision to consumers of the department’s services. The department and its agents, officers, employees, attorneys and representatives shall be exempt from liability for any findings, recommendations or actions taken under this paragraph.

HISTORY: Laws, 1983, ch. 521, § 5; Laws, 1989, ch. 544, § 88; Laws, 1990, ch. 522, § 14; Laws, 1991, ch. 608, § 20; Laws, 2005, ch. 512, § 6; Laws, 2010, ch. 473, § 1; Laws, 2011, ch. 308, § 1, eff from and after July 1, 2011.

Joint Legislative Committee Note —

Subsection (i) of this section contained an incorrect reference to “Section 6 of Chapter 512, Laws of 2005.” In 2007, the reference was changed to “Section 7 of Chapter 512, Laws of 2005” at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation. The correction was ratified by the Joint Committee, pursuant to Section 1-1-109, at the Committee’s August 5, 2008, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in paragraph ( l ) by substituting “background checks performed under paragraph (k)” for “background checks performed under paragraph (j).” The Joint Committee ratified the correction at its July 13, 2011, meeting.

Amendment Notes —

The 2005 amendment added (i).

The 2010 amendment added (j) and (k).

The 2011 amendment added (j) and redesignated former (j) and (k) as (k) and ( l ); and made minor stylistic changes.

Cross References —

Transfer of functions, personnel, appropriations, etc., to department, see §37-33-201.

Direction that no program of the department shall be classified as prison industry, see §47-5-537.

Federal Aspects—

Federal Vocational Rehabilitation Act, 29 USCS §§ 701 et seq.

§ 37-33-159. Appointment, term of office and compensation of Executive Director of Department of Rehabilitation Services.

The State Board of Rehabilitation Services shall appoint an Executive Director of the State Department of Rehabilitation Services, in accordance with standards established by the State Personnel Board and on the basis of his education, training, experience and demonstrated ability. The executive director shall serve as secretary and executive officer of the board, and he shall serve at the will and pleasure of the board. The salary of the executive director shall be set by the board, subject to the approval of the State Personnel Board, and shall be provided for out of any funds made available for such purpose by the Legislature, the federal government or other gifts or grants. The executive director shall be responsible to the board for the proper administration of the programs of rehabilitation provided under this chapter in conformity with the policies adopted by the board and shall be responsible for appointing directors of offices and any necessary supervisors, assistants and employees. The salary and compensation of such employees shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq.

HISTORY: Laws, 1991, ch. 608, § 21, eff from and after July 1, 1991, (became law without the Governor’s signature).

Editor’s Notes —

A former §37-33-159 [Laws of 1983, ch. 521, § 6; 1988, ch. 313], which provided for the appointment of a commissioner of rehabilitation services, was repealed by Laws of 1989, ch. 544, § 89, eff from and after July 1, 1989.

§ 37-33-161. Powers and duties of executive director.

In carrying out his duties under this chapter, the Executive Director of the State Department of Rehabilitation Services:

Shall, with the approval of the board, promulgate regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility and investigation and determination therefor, for vocational rehabilitation and other rehabilitation services, procedures for fair hearings and such other regulations as he finds necessary to carry out the purposes of this chapter and in conformity with federal law;

Shall, with the approval of the board, establish appropriate subordinate administrative units within the department;

Shall prepare and submit to the board and the Legislature annual reports of activities and expenditures and, before each regular session of the Legislature, coordinate budget requests required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;

Shall be empowered to exercise executive and administrative supervision over all institutions, offices, programs and services now existing or hereafter acquired or created under the jurisdiction of the department;

Shall make certification for disbursement, in accordance with regulations, of funds available, for implementing the purposes of this chapter;

Shall, with the approval of the board, take such other action as he deems necessary or appropriate to effectuate the purposes of this chapter;

May, with the approval of the board, delegate to any officer or employee of the department such of his powers and duties as he finds necessary to effectuate the purposes of this chapter.

HISTORY: Laws, 1983, ch. 521, § 7; Laws, 1989, ch. 544, § 83; Laws, 1990, ch. 522, § 15; Laws, 1991, ch. 608, § 22, eff from and after July 1, 1991, (became law without the Governor’s signature).

OPINIONS OF THE ATTORNEY GENERAL

State Board of Human Services may establish for Department of Human Services policies pertaining to private practice of law by department attorneys. Hathorn, March 20, 1992, A.G. Op. #92-0147.

§ 37-33-162. Subrogation of department as to proceeds owing to client from claim for which assistance is provided; rights and duties of client; conduct and disposition of claim; double assessment for failure to honor subrogation rights.

  1. If medical or rehabilitation assistance is provided to a client under this article for injury, loss or damage caused under circumstances creating a cause of action in favor of the client against any person, firm or corporation, then the department shall be entitled to recover the proceeds that may result from the exercise of any rights of recovery which the client may have against any such person, firm or corporation to the extent of the actual amount of the medical or rehabilitation assistance made by the department on behalf of the client. The client shall execute and deliver instruments and papers to do whatever is necessary to secure such rights and shall do nothing after said medical and/or rehabilitation assistance is provided to prejudice the subrogation rights of the department.

    Pursuant to Section 31-19-29, Mississippi Code of 1972, the department may compromise or settle any such claim and execute a release of any claim it has by virtue of this section.

  2. The acceptance of medical and/or rehabilitation assistance under this article or the making of a claim thereunder shall not affect the right of client or his legal representative to recover the medical and/or rehabilitation payments made by the department as an element of damages in any action at law; provided, however, that a copy of the pleadings shall be certified to the department at the time of the institution of suit, and proof of such notice shall be filed of record in such action. The department may, at any time before the trial on the facts, join in such action or may intervene therein. Any amount recovered by a client or his legal representative shall be applied as follows:
    1. The reasonable costs of the collection, including attorney’s fees, as approved and allowed by the court in which such action is pending, or in case of settlement without suit, by the legal representative of the department;
    2. The actual amount of the medical and/or rehabilitation payments made by the department on behalf of the client; or such pro rata amount as may be arrived at by compromise settlement pursuant to Section 37-33-162(1), or as set by the court having jurisdiction; and
    3. Any excess shall be awarded to the client.
  3. No compromise of any claim by the client or his legal representative shall be binding upon or affect the rights of the department against the third party unless, pursuant to Section 37-33-162(1), the department has entered into the compromise. Any compromise effected by the client or his legal representative with the third party in the absence of advance notification to and approved by the department shall constitute conclusive evidence of the liability of the third party, and the department, in litigating its claim against said third party, shall be required only to prove the amount and correctness of its claim relating to such injury, loss or damage. It is further provided that should the client or his legal representative fail to notify the department of the institution of legal proceedings against a third party for which the department has a cause of action, the facts relating to negligence and the liability of the third party, if judgment is rendered for the client, shall constitute conclusive evidence of liability in a subsequent action maintained by the department and only the amount and correctness of the department’s claim relating to injury, loss or damage shall be tried before the court. The department shall be authorized in bringing such action against the third party and his insurer jointly or against the insurer alone.
  4. By accepting medical and/or rehabilitation payments from the department, the client shall, to the extent of the payment of medical expenses by the department, be deemed to have made an assignment to the department of any and all rights and interests in any third-party benefits, hospitalization or indemnity contract or any cause of action, past, present or future, against any person, firm or corporation for benefits provided to the client by the department for loss, injury or damage caused or suffered under circumstances creating a cause of action in favor of the client against such person, firm or corporation as set out in Section 37-33-162(1).
  5. Nothing herein shall be construed to diminish or otherwise restrict the subrogation rights of the department against a third party for medical and/or rehabilitation payment paid by the department in behalf of the client as a result of injury, loss or damage caused under circumstances creating a cause of action in favor of the client against such a third party.
  6. Any person, firm or corporation who fails or refuses to honor the subrogation rights of the department and specifically, without limitation, hospital insurance and indemnity benefits accruing to a client, shall be subject, should suit become necessary and liability be established, to an assessment of double the amount of medical/rehabilitation payments paid by the department, or double the amount of the insurance policy limits, whichever is the lesser, inclusive of the assessment of a reasonable attorney’s fee and all costs of court.

HISTORY: Laws, 1993, ch. 371, § 1, eff from and after July 1, 1993.

RESEARCH REFERENCES

ALR.

Right of one who pays medical or similar expenses of injured person under life care, or similar, contract to recover the cost thereof from tortfeasor. 78 A.L.R.2d 822.

Right of “Blue Cross” or “Blue Shield”, or similar hospital or medical service organization, to be subrogated to certificate holder’s claims against tortfeasor. 73 A.L.R.3d 1140.

Validity and construction of Medical Care Recovery Act (42 USCS §§ 2651-2653), dealing with third-party liability for hospital and medical care furnished by United States. 7 A.L.R. Fed. 289.

Am. Jur.

70B Am. Jur. 2d, Social Security and Medicare § 1154.

25 Am. Jur. Pl & Pr Forms (Rev), Welfare Laws, Form 46 (claim of lien – by county director of welfare – against cause of action of recipient in pending tort action).

CJS.

81 C.J.S., Social Security and Public Welfare §§ 268, 269.

§ 37-33-163. Administration of Office of Disability Determination Services; general powers and duties of executive director.

The Office of Disability Determination Services established by Section 37-33-153 shall be administered by a director appointed by the Executive Director of the State Department of Rehabilitation Services. The director shall devote his full time to the proper administration of the office. In carrying out his duties under this chapter, the director:

Shall enter into agreements on behalf of the State Department of Rehabilitation Services and the State of Mississippi with the federal Social Security Administration or its successor in order to implement the provisions of the federal Social Security Act relating to the determination of disabilities under Title II and Title XVI, and shall enter into contracts necessary to provide such disability determination functions as allowed under applicable federal regulation;

Shall, with the approval of the executive director, make regulations governing Mississippi applications for disability benefits under Title II and Title XVI of the federal Social Security Act, and make such other regulations as are found necessary to implement the functions of the office prescribed under this chapter;

Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;

Shall, with the approval of the executive director, be responsible for appointing supervisors, assistants, physicians, and other employees or entering into purchase of service contracts, as are necessary for the efficient performance of the functions of the office, subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq.;

Shall prepare and submit to the board through the executive director annual reports of activities and expenditures, and estimates of the amounts to be made available to the office from all sources; and

Shall, with the approval of the executive director and the board, take such other action as he deems necessary or appropriate to implement the functions of the office.

HISTORY: Laws, 1983, ch. 521, § 20; Laws, 1989, ch. 544, § 84; Laws, 1990, ch. 522, § 16; Laws, 1991, ch. 608, § 23, eff from and after July 1, 1991, (became law without the Governor’s signature).

Editor’s Notes —

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Federal Aspects—

Social Security Act, Titles II and XVI, see 42 USCS §§ 401 et seq. and §§ 1351 et seq., respectively.

RESEARCH REFERENCES

Am. Jur.

70A Am. Jur. 2d, Social Security and Medicare §§ 181 et seq., 579, 580.

79 Am. Jur. 2d, Welfare Laws §§ 44, 72.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 96, 97 et seq., 231-233 et seq.

§ 37-33-165. Powers and duties of Office of Disability Determination Services regarding Social Security Disability Benefits and Supplemental Security Income.

The State Department of Rehabilitation Services, through the Office of Disability Determination Services, shall cooperate pursuant to agreements with the federal Social Security Administration or its successor in carrying out responsibilities relating to the processing and rendering decisions on all Mississippi applications for Social Security Disability Benefits and Supplemental Security Income pursuant to Title II and Title XVI of the federal Social Security Act, as amended, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such disability programs and to comply with such conditions and federal regulations as may be necessary to secure the full benefits of such federal statutes and appropriations. In complying with such federal administrative standards, the office shall assume the following responsibilities:

Provide management needed to ensure that the office carries out the disability determination function under the various provisions of the federal Social Security Act so that disability determinations are made accurately and promptly;

Provide an organizational structure, adequate facilities, qualified personnel, medical consultant services and quality assurances;

Furnish reports and records relating to the administration of the disability program;

Submit budgets;

Cooperate with audits;

Ensure that all applicants for and recipients of disability benefits are treated equally;

Account for property used for disability program purposes;

Provide for the advancement of travel expense funds and other services as deemed necessary;

Take part in research and demonstration projects;

Coordinate with other state agencies;

Protect records and confidential information created by the office in performing the disability determination function;

Maintain liaison with the medical profession and organizations that may facilitate performing the disability determination function; and

Comply with other provisions of the federal law and regulations in performing the disability determination function in order to promote effective and uniform administration.

HISTORY: Laws, 1983, ch. 521, § 21; Laws, 1989, ch. 544, § 85; Laws, 1991, ch. 608, § 24, eff from and after July 1, 1991 (became law without the Governor’s signature).

Editor’s Notes —

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Cross References —

Transfer of functions, personnel, appropriations, etc., to Department of Rehabilitation Services, see §37-33-201.

Federal Aspects—

Social Security Act, Titles II and XVI, see 42 USCS §§ 401 et seq. and §§ 1351 et seq., respectively.

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 44, 72.

20 Am. Jur. Proof of Facts 3d 361, Disability Discrimination Under the Americans with Disability Act.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 96, 97 et seq., 231-233 et seq.

§ 37-33-167. Authority of Office of Disability Determination Services regarding medical assistance eligibility determinations for certain persons.

The State Department of Rehabilitation Services, through the Office of Disability Determination Services, may enter into agreements with the federal Social Security Administration or its successor and other state agencies for the purpose of performing eligibility determinations for Medicaid assistance payments for those persons who qualify therefor under Section 43-13-115(4), and may adopt such methods of administration as may be necessary to secure the full benefits of federal appropriations for medical assistance for such persons.

HISTORY: Laws, 1983, ch. 521, § 22; Laws, 1989, ch. 544, § 86; Laws, 1991, ch. 608, § 25, eff from and after July 1, 1991 (became law without the Governor’s signature).

Editor’s Notes —

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Subsection (4) of §43-13-115, referred to in this section, is set out as “Deleted.”

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Creation of State Department of Rehabilitation Services, see §37-33-153.

Transfer of functions, personnel, appropriations, etc., to Department of Rehabilitation Services, see §37-33-201.

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 44, 72.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 96, 97 et seq., 231-233 et seq.

§ 37-33-169. Duties of state treasurer with respect to funds for carrying out disability determination functions under Social Security Act; effect of cessation of federal funding on state’s obligation to continue programs.

  1. The State Treasurer is designated as the custodian of all monies received by the state from appropriations made by the federal government or from other sources for the purpose of carrying out disability determination functions under the federal Social Security Act, and he shall establish such special funds and accounts as may be necessary. He shall make disbursements therefrom for disability determination purposes upon requisition by the executive director or, when so authorized, by the director on behalf of the executive director, and upon the issuance of warrants thereunder by the State Fiscal Officer.
  2. If federal funds are no longer available for the purpose of funding programs under the provisions of this chapter, the State of Mississippi shall not be obligated to appropriate funds for the continuance of such programs.

HISTORY: Laws, 1983, ch. 521, §§ 23, 24; Laws, 1989, ch. 544, § 87; Laws, 1991, ch. 608, § 26, eff from and after July 1, 1991, (became law without the Governor’s signature).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this tate in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear. Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Duties of state treasurer, generally, see §7-9-9.

RESEARCH REFERENCES

Am. Jur.

70A Am. Jur. 2d, Social Security and Medicare §§ 27, 28, 113, 134, 135, 137, 138, 140, 141.

79 Am. Jur. 2d, Welfare Laws §§ 44, 72.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 96, 97 et seq., 231-233 et seq.

§ 37-33-171. Powers and duties of Office on the Deaf and Hard of Hearing.

  1. There is hereby established an Office on Deaf and Hard of Hearing within the State Department of Rehabilitation Services, hereinafter referred to as “ODHH.”
  2. The ODHH shall have the following responsibilities:
    1. To work to make interpreter services available to people who are deaf or hard of hearing;
    2. To work to increase the number of qualified interpreters in the state and to increase the certification level of interpreters in the state;
    3. To maintain a registry of available and qualified interpreters in the state;
    4. To provide community outreach, training and education to the public and private sectors, including business, governmental entities, schools and political subdivisions, on issues related to the deaf and hard of hearing;
    5. To serve as a collection point and clearinghouse for information and data related to deafness, including program and service options available for adults and children who are deaf and hard of hearing;
    6. To encourage, participate in and conduct studies and research on issues related to the deaf and hard of hearing;
    7. To provide advice and information to the Mississippi Legislature;
    8. To work with public and private entities, including community and four-year colleges and universities, to accomplish the responsibilities of the ODHH;
    9. To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this section.
  3. A service center for ODHH shall be established and operated according to policies established by the ODHH and approved by the State Board of Rehabilitation Services.
  4. The ODHH shall be staffed by an office director, an administrative assistant and full-time and part-time interpreters. These staff members shall be employees of the State Department of Rehabilitation Services. The ODHH shall also have the power to contract with free lance interpreters as needed.
  5. The ODHH shall establish and utilize an advisory council made up of a majority of members who are deaf or hard of hearing. The first members of the ODHH Advisory Council shall be appointed for a one-year term; subsequent appointments or reappointments shall be made for two-year terms.
  6. The ODHH is authorized to apply for and accept funds from any source and to receive contributions, gifts or any other funds from any private or public source.
  7. The ODHH shall be funded subject to appropriation by the Legislature and in operation by July 1, 1998.

HISTORY: Laws, 1997, ch. 594, § 1, eff from and after July 1, 1997.

Cross References —

State Department of Rehabilitation Services generally, see §§37-33-151 et seq.

§ 37-33-173. Providers of interpreting services for a fee to deaf and hearing impaired required to register with Office on Deaf and Hard of Hearing; standards for registration; appointment of advisory council for development of program rules; confidentiality; penalties.

  1. As used in this section:
    1. “Certification” means the credentials that has been granted or recognized, or both, by the National Association of the Deaf (NAD), the Registry of Interpreters for the Deaf (RID), or any other national certifying body that is recognized by the Mississippi Office on Deaf and Hard of Hearing (ODHH), including, but not limited to: RID/NAD National Interpreter Certification (NIC) (NIC, NIC Advanced, NIC Master), NAD (III, IV or V), Comprehensive Skills Certificate (CSC), Certificate of Interpretation (CI), Certificate of Transliteration (CT), Ed:K-12 (Educational Interpreter Performance Appraisal [EIPA] Level 4 or 5), Certified Deaf Interpreter (CDI). It further includes the documentation that supports the certification level the interpreter has achieved.
    2. “Deaf or hard of hearing person” means a person who has either no hearing or who has significant hearing loss so as to need the services of an interpreter to communicate. “Deafblind person” means a person who has either the dual loss of hearing and sight or who has significant hearing and vision losses so as to need the services of an interpreter to communicate.
    3. “Interpreter training program” means a postsecondary degree program of at least two (2) years in duration that is accredited by the Mississippi Community College Board, the Mississippi institutions of higher learning or a comparable agency in another state.
    4. “Interpreter” means an individual who is certified or credentialed by the National Association of the Deaf, the Registry of Interpreters for the Deaf, any other national certifying organization which is recognized by the Mississippi Office on Deaf and Hard of Hearing (ODHH), or an individual who holds a valid ODHH-approved quality assurance screening level. Registered interpreters are required to adhere to professional standards and a Code of Ethics as established by the National Association of the Deaf and the Registry of Interpreters for the Deaf.
    5. “Interpreting” is the process of providing accessible communication between and among consumers who are deaf or hard of hearing and those who are hearing. This process includes, but is not limited to, communication between persons who use American Sign Language, English, cued speech and oral communication. It may also include various other modalities that involve visual, gestural and tactile methods.
    6. “Quality assurance level (QA level)” means the level granted through an ODHH-approved quality assurance screening evaluation. It further includes the documentation that supports the QA level the interpreter has achieved.
    7. “Register” means the process whereby the certification and quality assurance level of qualified interpreters are documented and maintained so as to permit those individuals to act as an interpreter for pay in the State of Mississippi.
    8. “Registering authority” means the agency that registers the credentials an interpreter holds, issues the registration documentation to do business in the State of Mississippi, and maintains the records to support the registration. The registering authority is the Mississippi Department of Rehabilitation Services, Office on Deaf and Hard of Hearing.
    9. “EIPA” means the Educational Interpreter Performance Assessment.
    1. Commencing on July 1, 2005, no person, except as noted in subsection (2)(f), shall do any of the following with respect to providing interpreting services for consumers who are deaf or hard of hearing for a fee or other remuneration unless the person is registered with the registering authority:
      1. Engage in the practice of, or offer to engage in the practice of, interpreting for a fee.
      2. Use the title of interpreter in connection with the person’s name.
      3. Assume the identity of an interpreter.
      4. Use the title of interpreter in advertisements or descriptions.
      5. Perform the function of or convey the impression that the person is an interpreter.
    2. On or after July 1, 2010, no person shall provide interpreting services and/or represent himself or herself as an interpreter for deaf or hard of hearing consumers for compensation unless such person is registered with the registering authority according to the provisions of this section. To register as an interpreter, one must satisfy one (1) of the following requirements: (i) hold certification recognized by the National Association of the Deaf or the Registry of Interpreters for the Deaf, (ii) hold a quality assurance screening level that is accepted by the Registering Authority, or (iii) score 3.0 or higher on the EIPA.
    3. In situations where there is extreme hardship or where deaf and hard of hearing consumers would be left with no interpreting services, a provisional permit may be granted on an annual basis, provided that documentation of improved interpreting skills is shown.
    4. The registering authority shall be charged with the responsibility for keeping all records and verifying the accuracy of the credentials of each applicant.
    5. Registration shall be for a period of two (2) years, and is renewable.
    6. The following shall be exceptions to subsection (2) (a) (b) (c):
      1. A person may engage in the practice of interpreting for religious services without being registered under the provisions of this section.
      2. Students enrolled in an approved Interpreter Training Program (ITP) are granted a student level registration provided the ITP has an instructor who also is registered under the provisions of this section and the student pays the appropriate fees.
      3. A graduate of an approved Interpreter Training Program (ITP) can continue to utilize their student level for two (2) years without registering provided they are supervised by an interpreter who is registered under the provisions of this section and the graduate pays the appropriate fees.
    7. The registering authority shall establish an Advisory Council to assist in writing the rules and setting the fees for registering. The Advisory Council shall have three (3) members. One (1) member shall be a deaf consumer; one (1) member shall be a registered interpreter who is actively engaged in the interpreting business; and one (1) member shall be at large. The Advisory Council may ask additional persons who are knowledgeable about the process and business of interpreting to assist them with the business of the council as needed.
  3. The deaf, hard of hearing, or deafblind consumer(s) and the hearing person(s) who employ, contract or otherwise engage the services of an interpreter are the principal parties in the interpreted communication or conversation, and as such hold exclusive rights to any information conveyed therein. Interpreters may not disclose or be compelled to disclose, through reporting or testimony or by subpoena, the contents of the conversations, except an interpreter working in conjunction with and paid by a state agency, private organization or primary or secondary school for the therapeutic, educational or rehabilitation purposes. This communication remains confidential, but may be shared with the appropriate agency or educational staff working to assist the deaf, hard of hearing or deafblind person.
  4. The registering authority shall develop forms and assist in referring grievances to the appropriate professional organization and/or authorities.
  5. The registering authority shall have oversight authority regarding in-state quality assurance evaluations to ensure that proper assessment tools, methods and procedures are followed and that evaluators are trained and qualified, as well as the authority to employ personnel as necessary to carry out the provisions of this section.
  6. Whoever is in violation of subsection (2) or (3) is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), and may be imprisoned for not more than six (6) months.
  7. Mississippi shall recognize interpreters who are licensed and/or certified in other states with equal or higher certification than the interpreting levels prescribed by the rules and regulations incumbent in this section. A nonresident interpreter may work up to fifteen (15) days per year without seeking a valid permit from the registering authority. The person who utilizes a nonresident interpreter is charged with the responsibility of verifying the credentials and type of interpreting the interpreter is qualified to do. If a nonresident interpreter works more than fifteen (15) calendar days per year in the State of Mississippi for compensation or other remuneration, the interpreter must become registered under the provisions of this section and pay the appropriate fees.
  8. The registering authority shall establish fair and equitable rules and a fee schedule, not to exceed One Hundred Dollars ($100.00) per annual registration, to cover the cost of administering this section. The rules and fee schedule will be published for the general public.

HISTORY: Laws, 2005, ch. 402, § 1; Laws, 2010, ch. 479, § 1; Laws, 2014, ch. 397, § 71, eff from and after July 1, 2014.

Joint Legislative Committee Note —

In the second sentence of (1)(b), the reference to “dual loss of hearing and sign” was changed to read “dual loss of hearing and sight” in 2007 at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation. The correction was ratified by the Joint Committee, pursuant to Section 1-1-109, at the Committee’s August 5, 2008, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in Laws, 2005, ch. 402, § 1. The subsection (1) designation was added near the beginning of the section. The Joint Committee ratified the correction at its June 29, 2005 meeting.

Amendment Notes —

The 2010 amendment rewrote the section.

The 2014 amendment substituted “Community College Board” for “State Board for Community and Junior Colleges” in (1)(c).

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Transfer to Department of Rehabilitation Services of Powers, Duties, Etc., of Division of Rehabilitation Services and Division of Vocational Rehabilitation for the Blind of the Department of Human Services

§ 37-33-201. Transfer to Department of Rehabilitation Services and Board of Rehabilitation Services of powers, duties, records, personnel, appropriations etc., of Division of Rehabilitation Services and Division of Vocational Rehabilitation for the Blind of the Department of Human Services.

All powers, duties and functions of the Department of Human Services and the Board of Human Services that are being exercised or performed by the Division of Rehabilitation Services and the Division of Vocational Rehabilitation for the Blind of the Department of Human Services on June 30, 1991, are transferred to the State Department of Rehabilitation Services and the State Board of Rehabilitation Services on July 1, 1991. All records, property and contractual rights and obligations of, and unexpended balances of appropriations and any other allocations to, the Department of Human Services and the Board of Human Services that relate to the powers, duties and functions exercised or performed by the Division of Rehabilitation Services and the Division of Vocational Rehabilitation for the Blind of the Department of Human Services on June 30, 1991, shall be transferred to the State Department of Rehabilitation Services and the State Board of Rehabilitation Services on or before July 1, 1991. The State Fiscal Officer shall transfer to the State Department of Rehabilitation Services all funds that are allocated to the Division of Rehabilitation Services and the Division of Vocational Rehabilitation for the Blind of the Department of Human Services in House Bill 1536, 1991 Regular Session [Laws, 1991, ch. 47], and such funds shall be used by the State Department of Rehabilitation Services during fiscal year 1992 under the same terms and conditions as specified for those funds in House Bill 1536, 1991 Regular Session [Laws, 1991, ch. 47]. Any positions of the former State Department of Rehabilitation Services and the former Rehabilitation Agency for the Blind that were transferred to the Department of Human Services on July 1, 1989, whose duties primarily involved the providing of rehabilitation services or the providing of related administrative or support services shall be transferred to the State Department of Rehabilitation Services on July 1, 1991, at a level commensurate with the level of each respective position on June 30, 1989. The Department of Human Services and the Board of Human Services shall assist the State Department of Rehabilitation Services and the State Board of Rehabilitation Services with the greatest degree of cooperation to carry out the intent and purpose of this act [Laws, 1991, ch. 608] and to accomplish an orderly transition. The Department of Human Services shall comply with all of the provisions of Section 5 of House Bill 1536, 1991 Regular Session [Laws, 1991, ch. 47], even though this act [Laws, 1991, ch. 608] was introduced under the authority of a different resolution than the one cited in Section 5 of House Bill 1536, 1991 Regular Session [Laws, 1991, ch. 47].

HISTORY: Laws, 1991, ch. 608, § 1, eff from and after July 1, 1991 (became law without the Governor’s signature).

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

SPECIAL DISABILITY PROGRAMS LAW

§ 37-33-203. Short title.

Sections 37-33-203 through 37-33-223 shall be known as the “Special Disability Programs Law of Mississippi.”

HISTORY: Laws, 2002, ch. 463, § 39, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

Vocational Rehabilitation Law of Mississippi, see §§37-33-11 et seq.

§ 37-33-205. Definitions.

“Department” or “agency” means the State Department of Rehabilitation Services;

“Director” means the Director of the Office of Special Disability Programs;

“Executive director” means the Executive Director of the State Department of Rehabilitation Services;

“Independent living services” includes, but is not limited to, the following services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) information and referral services, independent living skills training, peer counseling including cross-disability peer counseling, and individual and systems advocacy; (ii) counseling services, including psychological, psychotherapeutic and related services; (iii) services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of the Rehabilitation Act and of the titles of the Rehabilitation Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iv) rehabilitation technology; (v) mobility training; (vi) services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services; (vii) personal assistance services, including attendant care and the training of personnel providing such services; (viii) surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation and other support services; (ix) consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under the Rehabilitation Act; (x) education and training necessary for living in a community and participating in community activities; (xi) supported living; (xii) transportation, including referral and assistance for that transportation and training in the use of public transportation vehicles and systems; (xiii) physical rehabilitation; (xiv) therapeutic treatment; (xv) provision of needed prostheses and other appliances and devices; (xvi) individual and group social and recreational services; (xvii) training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (xviii) services for children; (xix) services under other federal, state or local programs designed to provide resources, training, counseling or other assistance, of substantial benefit in enhancing the independence, productivity and quality of life of individuals with disabilities; (xx) appropriate preventive services to decrease the need of individuals assisted under the Rehabilitation Act for similar services in the future; (xxi) community awareness programs to enhance the understanding and integration into society of individuals with disabilities; and (xxii) such other services as may be necessary and not inconsistent with the provisions of the most current amendment of the Rehabilitation Act;

“Special disability services” includes, but not be limited to those services otherwise provided as independent living services;

“Office” means the Office of Special Disability Programs;

“Regulations” means regulations made by the executive director with the approval of the state board, including regulations pertaining to special disability services;

“Rehabilitation engineering” means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living and recreation;

“Rehabilitation engineering services” means applying engineering principles to the design, modification, customization and/or fabrication of assistive technology for individuals with disabilities. An assistive technology device is any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase or improve functional capabilities of individuals with disabilities. The areas of practice for rehabilitation engineering typically encompasses job accommodations, computer access, vehicle modifications, architectural modifications and home modifications, augmentative/alternative communications, environmental controls, positioning devices, seating and mobility, sensory aids and learning accommodations;

“State Board” means the State Board of Rehabilitation Services.

HISTORY: Laws, 2002, ch. 463, § 40, eff from and after July 1, 2002.

Cross References —

Vocational Rehabilitation Law of Mississippi, see §§37-33-11 et seq.

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

State Board of Rehabilitation Services, see §37-33-155.

Powers and duties of the executive director of the State Department of Rehabilitation Services, see §37-33-161.

§ 37-33-207. Director of Office of Special Disability Programs; powers and duties.

The Office of Special Disability Programs established by Section 37-33-153 shall be administered by a director appointed by the executive director in conformity with policies adopted by the department. In carrying out his or her other duties under the Special Disability Programs Law, the director:

Shall, with the approval of the executive director, make regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for rehabilitation services through special disability programs, procedures for fair hearings and such other regulations as are found necessary to carry out the purposes of that law;

Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;

Shall, with the approval of the executive director, recommend for appointment such personnel as may be necessary for the efficient performance of the functions of the office;

Shall prepare and submit to the state board, through the executive director, annual reports of activities and expenditures and, before each regular session of the Legislature, shall submit estimates of sums required for carrying out the Special Disability Programs Law and estimates of the amounts to be made available for this purpose from all sources;

Shall, if the executive director so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for rehabilitation services;

Shall, with the approval of the executive director, appoint boards to serve as the governing authority of centers for independent living or other entities as required by federal law and regulations;

Shall, with the approval of the executive director, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Special Disability Programs Law;

May, with the approval of the executive director, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Special Disability Programs Law.

HISTORY: Laws, 2002, ch. 463, § 41, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

Powers and duties of the executive director of the State Department of Rehabilitation Services, see §37-33-161.

§ 37-33-209. Acceptance and disposition of gifts and donations; annual report.

The director, with the approval of the executive director, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Rehabilitation Law, from either public or private sources. Gifts made under such conditions as in the judgment of the director, with the approval of the executive director, are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatments, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the “Special Fund for the Rehabilitation of Individuals with Disabilities through Special Disability Services” and shall be used by the office for such purposes. The director shall prepare and submit a report annually to the Legislature, through the executive director, setting forth the condition of rehabilitation of disabled persons in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursements made therefrom.

HISTORY: Laws, 2002, ch. 463, § 42, eff from and after July 1, 2002.

Cross References —

Powers and duties of the executive director of the State Department of Rehabilitation Services, see §37-33-161.

§ 37-33-211. Powers and duties of Office of Special Disability Programs.

  1. The Office of Special Disability Programs shall assist individuals with the most severe disabilities determined to be eligible and in carrying out the purposes of the Rehabilitation Act is authorized among other things:
    1. To cooperate with other departments, agencies and institutions, both public and private, in providing rehabilitation services, in studying the problems involved therein, and in establishing, programs and services as may be necessary or desirable; and
    2. To conduct research and compile statistics relating to the provision of rehabilitation services to individuals with disabilities.
  2. The Office of Special Disability Programs shall utilize federal grant money through Title VII of the most current amendment of the federal Rehabilitation Act to assist those individuals with the most severe disabilities. The office will work to provide medical equipment, home modifications, vehicle modifications and other independent living services to assist those individuals determined to be eligible according to the regulations of Title VII of the most current amendment of the Rehabilitation Act to remain in or return to mainstream society.
  3. The State Attendant Care Program created by the Mississippi Legislature in 1985 to provide personal care services for people who are severely disabled may function under the Office of Special Disability Programs. Personal care services will be provided to those individuals determined to be eligible by the office in accordance with policies established by the department.
  4. The Office of Special Disability Programs shall provide special disability services through programs developed with other state and federal agencies. The individuals and services provided shall be in conformity with any program policies and eligibility categories established by the programs.

HISTORY: Laws, 2002, ch. 463, § 43, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

Federal Aspects—

Federal Rehabilitation Act, see 29 USCS §§ 701 et seq.

§ 37-33-213. Cooperation with federal government.

The department, through the office, shall cooperate, under agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to special disability programs, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of those agreements or plans for special disability programs and comply with such conditions as may be necessary to secure the full benefits of those federal statutes and appropriations, administer any legislation under federal statutes and appropriations that is enacted by the State of Mississippi, direct the disbursement and administer the use of all funds provided by the federal government or this state for the persons of this state, and do all things necessary to ensure the provision of services to the person served by the special disability programs.

HISTORY: Laws, 2002, ch. 463, § 44, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

§ 37-33-215. Eligibility for special disability program; services provided.

The Office of Special Disability Programs shall provide services to any individual who is determined to meet the eligibility criteria for receiving services through one or more special disability programs. The services provided through the Office of Special Disability Programs shall be those defined as special disability services and independent living services.

HISTORY: Laws, 2002, ch. 463, § 45, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

§ 37-33-217. Hearings.

Any individual applying for or receiving services provided by the Office of Special Disability Programs who is aggrieved by any action or inaction of the office shall be entitled, in accordance with regulations promulgated by the department, to a fair hearing.

HISTORY: Laws, 2002, ch. 463, § 46, eff from and after July 1, 2002.

§ 37-33-219. Maintenance; right not transferable or assignable; exempt from claims of creditors.

The right of an individual to maintenance under the Office of Special Disability Programs shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

HISTORY: Laws, 2002, ch. 463, § 47, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

§ 37-33-221. Misuse of special disability program lists and records unlawful; misdemeanor.

It shall be unlawful, except for purposes directly connected with the administration of the Office of Special Disability Programs and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving services under the Office of Special Disability Programs, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, except in response to summons, subpoena or other order of a court. Any violation of this section shall be a misdemeanor and punishable accordingly.

HISTORY: Laws, 2002, ch. 463, § 48, eff from and after July 1, 2002.

Cross References —

Establishment of Office of Special Disability Programs, see §37-33-153.

§ 37-33-223. Rules and regulations; acceptance of funds from public and private sources.

The Department of Rehabilitation Services shall promulgate rules and regulations necessary for the proper administration of the Office of Special Disability Programs and shall establish guidelines for eligibility, services, training and evaluation under the program. The State Department of Rehabilitation Services may accept funds from public and private sources for the implementation of Sections 37-33-203 through 37-33-223.

HISTORY: Laws, 2002, ch. 463, § 49, eff from and after July 1, 2002.

Cross References —

State Department of Rehabilitation Services generally, see §§37-33-151 et seq.

Treatment and Rehabilitation Services for Spinal Cord and Head Injuries

§ 37-33-251. Legislative intent.

It is the intent of the Legislature to provide for the development of a coordinated rehabilitation program for those persons severely disabled by spinal cord injuries or traumatic brain injuries. Further, it is intended that permanent paralysis and brain damage be prevented whenever possible through early identification of spinal cord/brain injuries, skilled emergency evaluation procedures, and proper medical and rehabilitative treatment. The goal of this program shall be to enable individuals severely disabled by spinal cord injury or traumatic brain injury to resume the activities of daily living and reintegrate with the community with as much dignity and independence as possible. For those persons who cannot achieve complete independence, supportive services are needed in order for them to live as normally as possible.

HISTORY: Laws, 1996, ch. 505, § 1; Laws, 1997, ch. 491, § 1, eff from and after July 1, 1997.

RESEARCH REFERENCES

ALR.

Excessiveness or adequacy of damages awarded for injuries to head or brain. 50 A.L.R.5th 1.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 480 et seq.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 124-127.

§ 37-33-253. Definitions.

As used in Sections 37-33-251 through 37-33-263:

“Department” means the State Department of Rehabilitation Services.

“Rehabilitation center” means a facility which provides intermediate care and stresses rehabilitation for persons with spinal cord injuries or traumatic brain injuries.

“Transitional living facility” means a facility which provides a temporary, structured residential environment for those individuals with spinal cord injuries or traumatic brain injuries in a training or educational program, in order to prepare such individuals to live independently.

“Traumatic brain injury” means an insult to the skull, brain, or its covering, resulting from external trauma which produces an altered state of consciousness or anatomic, motor, sensory or cognitive/behavioral deficits.

“Spinal cord injury” means an acute traumatic insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external trauma resulting in any degree of motor or sensory deficit.

HISTORY: Laws, 1996, ch. 505, § 2; Laws, 1997, ch. 491, § 2, eff from and after July 1, 1997.

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

§ 37-33-255. Transitional living facilities.

The department may, if indicated, establish an appropriate number of transitional living facilities for individuals who need attendant care, who are in adjustment periods, who require a structured environment, or who are in retraining or educational programs. All residents shall use the transitional living facility as a temporary measure, and not as a permanent home or domicile, and shall pay a monthly fee based on ability to pay.

HISTORY: Laws, 1996, ch. 505, § 3; Laws, 1997, ch. 491, § 3, eff from and after July 1, 1997.

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

RESEARCH REFERENCES

ALR.

Excessiveness or adequacy of damages awarded for injuries to head or brain. 50 A.L.R.5th 1.

Am. Jur.

40A Am. Jur. 2d, Hospitals and Asylums §§ 1 et seq.

44 Am. Jur. 2d, Insurance § 1491.

71 Am. Jur. 2d, State and Local Taxation §§ 269, 272-274.

§ 37-33-257. Eligibility survey, conducted annually.

The department shall conduct an annual survey of nursing homes in the state to determine the number of individuals fifty-five (55) years of age and under who reside in such homes due to a spinal cord injury or traumatic brain injury. All individuals identified in such a survey shall be evaluated by the department as to their rehabilitation potential, and any individual who may benefit from rehabilitation services shall be given an opportunity to participate in an appropriate rehabilitation program for which he may be eligible.

HISTORY: Laws, 1996, ch. 505, § 4; Laws, 1997, ch. 491, § 4, eff from and after July 1, 1997.

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

§ 37-33-259. Advisory council.

  1. There is created within the department an Advisory Council on Spinal Cord Injuries and Traumatic Brain Injuries composed of a physician with expertise in areas related to the care and rehabilitation of individuals with spinal cord injuries or traumatic brain injuries or the prevention of spinal cord and traumatic brain injuries, a professional in a clinical rehabilitation setting, a representative designated by the Mississippi Head Injury Association, a representative designated by the Mississippi Paralysis Association, three (3) individuals with spinal cord injuries or traumatic brain injuries, and three (3) family members of individuals with spinal cord or traumatic brain injuries.
  2. Members of the council shall be appointed by the Executive Director of the State Department of Rehabilitation Services and shall serve for terms of four (4) years, except that five (5) members of the first appointed council shall serve for two (2) years.
  3. The council shall meet a minimum of twice per year, and members shall be entitled to uniform per diem and travel expenses in accordance with the provisions of Sections 25-3-69 and 25-3-41, Mississippi Code of 1972.
  4. The council shall provide advice and expertise to the department in the preparation, implementation and periodic review of the coordinated rehabilitation program as set forth in Sections 37-33-251 through 37-33-263.

HISTORY: Laws, 1996, ch. 505, § 5; Laws, 1997, ch. 491, § 5, eff from and after July 1, 1997.

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

Powers and duties of executive director of the State Department of Rehabilitation Services, see §37-33-161

RESEARCH REFERENCES

ALR.

Excessiveness or adequacy of damages awarded for injuries to head or brain. 50 A.L.R.5th 1.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 479 et seq.

§ 37-33-261. Funding.

  1. Such assessments as are collected under subsections (1) and (2) of Section 99-19-73, shall be deposited in a special fund that is created in the State Treasury and designated the Spinal Cord and Head Injury Trust Fund. Unexpended amounts remaining in the Spinal Cord and Head Injury Trust Fund at the end of a fiscal year shall not lapse into the State General Fund, and all interest received from the investment of monies in the trust fund shall be credited to the trust fund and shall not be deposited into the State General Fund. Monies deposited in the fund shall be expended beginning in fiscal year 1997 by the Department of Rehabilitation Services as authorized and appropriated by the Legislature for the following purposes:

    Providing the cost of care for spinal cord and traumatic brain injury as a payer of last resort to residents of the State of Mississippi for a multilevel program of rehabilitation as prescribed in Sections 37-33-251 through 37-33-259. Authorization of expenditures for spinal cord injury care and traumatic brain injury care from this trust fund shall be made only by the Department of Rehabilitation Services. Authorized expenditures shall include three (3) or more of the following forms of assistance: acute care; rehabilitation; transitional living; assistive technology services, devices and equipment; respite care; transportation; housing; home modifications; and other services and/or assistance as deemed appropriate by the advisory council for individuals with spinal cord injuries or traumatic brain injuries to accomplish a successful re-entry into the community. Such activities may also include expanding the public’s awareness of how spinal cord and traumatic brain injuries occur and how they can be prevented and identifying advanced treatment and prevention techniques. Other authorized expenditures may include costs associated with salary and other support costs for personnel sufficient to carry out the program or to subcontract all or part of the authorized services, and to pay the travel and meeting expenses of the advisory council.

  2. The department shall issue a report to the Legislature and the Governor by January 1 of each year, summarizing the activities supported by the trust fund.

HISTORY: Laws, 1996, ch. 505, § 6; Laws, 1997, ch. 491, § 6; Laws, 1998, ch. 443, § 1, eff from and after passage (approved March 23, 1998).

Cross References —

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

RESEARCH REFERENCES

ALR.

Excessiveness or adequacy of damages awarded for injuries to head or brain. 50 A.L.R.5th 1.

§ 37-33-263. Creation of spinal cord and traumatic brain injuries registry.

  1. The State Board of Health shall establish in the State Department of Health a program to:
    1. Identify and investigate spinal cord and traumatic brain injuries; and
    2. Maintain a central registry for cases of spinal cord and traumatic brain injuries.
  2. The State Department of Health shall design the registry program so that it will:
    1. Provide information in a central data bank of accurate, precise and current information on spinal cord and traumatic brain injuries;
    2. Provide for the collection of such data to identify risk factors and causes of spinal cord and traumatic brain injuries;
    3. Provide information for early identification of spinal cord and traumatic brain injuries:
    4. Provide for the dissemination of such data for the purposes of care and support for persons with spinal cord and traumatic brain injuries;
    5. Provide for the analysis of such data for the purpose of prevention.
  3. The State Board of Health shall adopt rules, regulations and procedures to govern the operation of the registry program and to carry out the intent of this section.
  4. The State Board of Health in its rules and regulations shall specify the types of information to be provided to the spinal cord and traumatic brain injuries registry and the persons and entities who are required to provide such information to the registry.
  5. The State Board of Health by rule shall prescribe the manner in which records and other information are made available to the State Department of Health.
  6. Information collected and analyzed by the State Department of Health under this section shall be placed in a central registry to facilitate research and to maintain security.
    1. Data obtained under this section directly from the medical records of a patient is for the confidential use of the State Department of Health and the persons or public or private entities that the State Department of Health determines are necessary to carry out the intent of this section. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this section.
    2. Information that may identify an individual whose medical records have been used for obtaining data under this section is not available for public inspection under the Mississippi Public Records Act of 1983.
    3. Statistical information collected under this section is public information.
  7. The State Department of Health may use the registry to:
    1. Investigate the causes of spinal cord and traumatic brain injuries and other health conditions as authorized by statute;
    2. Design and evaluate measures to prevent the occurrence of spinal cord and traumatic brain injuries, and other conditions;
    3. Conduct other investigations and activities necessary for the State Board of Health and the State Department of Health to fulfill their obligation to protect the public health; and
    4. Identify those persons who cannot achieve complete independence after suffering spinal cord and traumatic brain injuries.
  8. Any person or entity who misuses the information provided to the registry shall be subject to a civil penalty of Five Hundred Dollars ($500.00) for each such failure or misuse. Such penalty shall be assessed and levied by the State Board of Health after a hearing, and all such penalties collected shall be deposited into the State General Fund.
  9. The State Health Officer may appoint or delegate his authority to establish and appoint an advisory council, for the purposes of this section, to the State Department of Rehabilitation Services Advisory Council on Spinal Cord Injuries and Traumatic Brain Injuries. The advisory council may designate a subcommittee to act as the registry’s advisor. The State Board of Health shall consult and be advised by the committee on the promulgation of rules, regulations and procedures for the purposes of this section.

HISTORY: Laws, 1997, ch. 491, § 7, eff from and after July 1, 1997.

Cross References —

Mississippi Public Records Act, see §§25-61-1 et seq.

State Department of Rehabilitation services generally, see §§37-33-151 et seq.

State Board of Health generally, see §§41-3-1 et seq.

Chapter 35. Adult Education

§ 37-35-1. Mississippi Community College Board to develop program of adult education.

The Mississippi Community College Board is authorized and directed to prescribe rules and regulations, which said rules and regulations when properly promulgated and not inconsistent with the provisions of this chapter shall have the force and effect of law, under which a program may be established, maintained and supervised for the purpose of supplying educational advantages to adults, which shall include all persons sixteen (16) years of age and over, not enrolled in school or required to be enrolled in school by the compulsory school attendance law, Section 37-13-91, Mississippi Code of 1972. The aim and purpose of such a program shall be to reduce illiteracy and to provide a general plan of continuing education in the fundamental principles of democratic society, citizenship, public affairs, forums, home family life, arts and crafts, general cultural subjects with priority to be given to academic training through high school and training in technical skills and trades needed by industries, and such other subjects as the Mississippi Community College Board may prescribe for the social and economic advancement of adults. The Mississippi Community College Board is authorized to employ such additional supervisory, secretarial and clerical personnel as may be necessary to carry out the provisions of this chapter.

HISTORY: Codes, 1942, § 6240; Laws, 1940, ch. 177; Laws, 1960, ch. 293; Laws, 1992, ch. 538, § 1; Laws, 1993, ch. 375, § 1; Laws, 2014, ch. 397, § 33, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1992, ch. 538, § 6, effective from and after passage (approved May 14, 1992) provides as follows:

“SECTION 6. The State Department of Education shall research and study the transfer of the administration of adult education programs mandated under Laws, 1992, ch. 538, and shall make a report to the Legislature and the Governor on or before February 15, 1993, regarding recommendations for corrective legislation necessary to legally and effectively implement said programs.”

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

Cross References —

Junior colleges, see §§37-29-1 et seq.

Provisions of this section not to prevent or interfere with independent operation or administration of adult education under Department of Human Services, including programs administered by Governor’s Office of Literacy and Workplace Enhancement, see §37-35-5.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-35-3. Establishment and maintenance of adult education classes; levy of ad valorem tax; High School Equivalency Diploma programs.

  1. The board of trustees of any school district, including any community/junior college, may establish and maintain classes for adults, including general educational development classes, under the regulations authorized in this chapter and pursuant to the standards prescribed in subsection (3). The property and facilities of the public school districts may be used for this purpose where such use does not conflict with uses already established.
  2. The trustees of any school district desiring to establish such program may request the taxing authority of the district to levy additional ad valorem taxes for the support of this program. The board of supervisors, in the case of a county school district, a special municipal separate school district, or a community/junior college district, and the governing authority of any municipality, in the case of a municipal separate school district, is authorized, in its discretion, to levy a tax not exceeding one (1) mill upon all the taxable property of the district for the support of this program. The tax shall be in addition to all other taxes authorized by law to be levied. In addition to the funds realized from any such levy, the board of trustees of any school district is authorized to use any surplus funds that it may have or that may be made available to it from local sources to supplement this program.
    1. Any student participating in an approved High School Equivalency Diploma Option program administered by a local school district or a local school district with an approved contractual agreement with a community/junior college or other local entity shall not be considered a dropout. Students in such a program administered by a local school district shall be considered as enrolled within the school district of origin for the purpose of enrollment for minimum program funding only. Such students shall not be considered as enrolled in the regular school program for academic or programmatic purposes.
    2. Students participating in an approved High School Equivalency Diploma Option program shall have an individual career plan developed at the time of placement to insure that the student’s academic and job skill needs will be met. The Individual Career Plan will address, but is not limited to, the following:
      1. Academic/instructional needs of the student;
      2. Job readiness needs of the student; and
      3. Work experience program options available for the student.
    3. Students participating in an approved High School Equivalency Diploma Option program may participate in existing job and skills development programs or in similar programs developed in conjunction with the High School Equivalency Diploma Option program and the vocational director.
    4. High School Equivalency Diploma Option programs may be operated by local school districts or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate a High School Equivalency Diploma Option program, the school board of a district designated to be the lead district shall serve as the governing board of the High School Equivalency Diploma Option program. Transportation for students placed in the High School Equivalency Diploma Option program shall be the responsibility of the school district of origin. The expense of establishing, maintaining and operating such High School Equivalency Diploma programs may be paid from funds made available to the school district through contributions, minimum program funds or from local district maintenance funds.
    5. The State Department of Education will develop procedures and criteria for placement of a student in the High School Equivalency Diploma Option programs. Students placed in High School Equivalency Diploma Option programs shall have parental approval for such placement and must meet the following criteria:
      1. The student must be at least sixteen (16) years of age;
      2. The student must be at least one (1) full grade level behind his or her ninth grade cohort or must have acquired less than four (4) Carnegie units;
      3. The student must have taken every opportunity to continue to participate in coursework leading to a diploma; and
      4. The student must be certified to be eligible to participate in the GED course by the school district superintendent, based on the developed criteria.
    6. Students participating in an approved High School Equivalency Diploma Option program, who are enrolled in subject area courses through January 31 in a school with a traditional class schedule or who are enrolled in subject area courses through October 31 or through March 31 in a school on a block schedule, shall be required to take the end-of-course subject area tests for those courses in which they are enrolled.

HISTORY: Codes, 1942, § 6240; Laws, 1940, ch. 177; Laws, 1960, ch. 293; Laws, 1997, ch. 604, § 2; Laws, 2010, ch. 362, § 1; Laws, 2011, ch. 423, § 1; Laws, 2014, ch. 398, § 5, eff from and after July 1, 2014.

Amendment Notes —

The 2010 amendment, in (3)(f)(ii), substituted “at least one (1) full grade level behind” for “at least two (2) grade levels behind,” and inserted “his or her ninth grade cohort” and “must have”; and rewrote (g).

The 2011 amendment rewrote (3)(a); deleted former (3)(e), which read: “Students participating in an approved General Educational Development (GED) program within a community college shall be included in the average daily attendance of the school district of origin. The school district of origin is authorized to contract with the community college to provide GED services for the student”; redesignated (3)(f) and (g) as (3)(e) and (f); and inserted “Option” following “(GED)” throughout.

The 2014 amendment, substituted “High School Equivalency Diploma” for “General Educational Development (GED)” or “GED” throughout the section and inserted “junior” following “community” in the first sentence of (3)(a).

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Provisions of this section not to prevent or interfere with independent operation or administration of adult education under Department of Human Services, including programs administered by Governor’s Office of Literacy and Workplace Enhancement, see §37-35-5.

§ 37-35-5. Acceptance of federal funds.

For the purpose of supporting the adult education program authorized in this chapter, the Mississippi Community College Board is authorized to accept for and on behalf of the State of Mississippi, federal funds made available to the state for the purpose of adult education. Such funds shall be used by the Mississippi Community College Board for the administration of the program and to supplement the local funds made available by any school district, provided such program is conducted under the rules and regulations established by the Mississippi Community College Board. All programs of adult basic education administered by the State Department of Education on July 1, 1992, shall be continued with at least the same level of funding, until July 1, 1995, provided that such programs are financially and programmatically sound and meet the requirements of federal rules and regulations. Nothing in Sections 37-35-1 through 37-35-11 shall be interpreted in a manner to prevent or interfere with the independent operation or administration of adult education under the Department of Human Services, including, but not limited to, those programs administered by the Governor’s Office of Literacy and Workplace Enhancement, or of any general educational development preparatory instruction and testing administered by a school district in an alternative school program.

HISTORY: Codes, 1942, § 6240; Laws, 1940, ch. 177; Laws, 1960, ch. 293; Laws, 1992, ch. 538, § 2; Laws, 1993, ch. 375, § 2; Laws, 1997, ch. 604, § 3; Laws, 2014, ch. 397, § 34, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1992, ch. 538, § 6, effective from and after passage (approved May 14, 1992) provides as follows:

“SECTION 6. The State Department of Education shall research and study the transfer of the administration of adult education programs mandated under Laws, 1992, ch. 538, and shall make a report to the Legislature and the Governor on or before February 15, 1993, regarding recommendations for corrective legislation necessary to legally and effectively implement said programs.”

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section and made minor stylistic changes.

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Department of Human Services generally, see §§43-1-1 et seq.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-35-7. Utilization of state appropriations.

Any funds that may be appropriated by the State Legislature for the purpose of carrying out a program of adult education may be used to supplement local funds or to meet the minimum requirements of the federal government for a program of adult education in the state, provided such program is conducted under the rules and regulations established by the Mississippi Community College Board.

HISTORY: Codes, 1942, § 6240; Laws, 1940, ch. 177; Laws, 1960, ch. 293; Laws, 1992, ch. 538, § 3; Laws, 2014, ch. 397, § 35, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1992, ch. 538, § 6, effective from and after passage (approved May 14, 1992) provides as follows:

“SECTION 6. The State Department of Education shall research and study the transfer of the administration of adult education programs mandated under Laws, 1992, ch. 538, and shall make a report to the Legislature and the Governor on or before February 15, 1993, regarding recommendations for corrective legislation necessary to legally and effectively implement said programs.”

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” at the end of the paragraph.

Cross References —

Provisions of this section not to prevent or interfere with independent operation of adult education under Department of Human Services, including Governor’s Literacy and Workplace Enhancement programs, see §37-35-5.

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-35-9. High School Equivalency diploma testing program; administration and supervision.

The Mississippi Community College Board is authorized to develop and establish general educational development preparatory classes in secondary schools and community/junior colleges and to provide financial assistance from the state for the specific purpose of preparing persons sixteen (16) years of age and older, not enrolled in school or required to be enrolled in school by the Compulsory School Attendance Law (Section 37-13-91) to successfully write the general educational development test and earn a certificate of equivalency which is equivalent to the high school diploma.

The Mississippi Community College Board is authorized to administer the High School Equivalency Diploma Testing Program in accordance with the policies and guidelines of the High School Equivalency Diploma Testing Service of the American Council on Education. Such administration shall include the approval of rules and regulations for the administration, scoring, issuing of transcripts and awarding of diplomas for the High School Equivalency Diploma Testing Program. The Mississippi Community College Board is hereby authorized to assess a fee in an amount not to exceed Five Dollars ($5.00) for issuing an additional copy of a High School Equivalency Diploma transcript.

This program shall be administered by the Mississippi Community College Board through the secondary schools and community/junior colleges as the local needs indicate and are practical.

Full and general supervision over the program by the Mississippi Community College Board shall insure that duplication of effort by secondary schools and community/junior colleges will be eliminated; however, nothing in this section shall be construed to prohibit a school district from implementing a program of High School Equivalency Diploma preparatory instruction.

Adult students for general educational development preparatory classes may be accepted by schools and junior colleges from any area of the state provided students are bona fide residents of Mississippi.

Instructors, counselors and supervisors utilized in the teaching of general educational development preparatory classes shall be licensed in the appropriate area as required by the Mississippi Community College Board.

HISTORY: Laws, 1974, ch. 347, § 1; Laws, 1992, ch. 538, § 4; Laws, 1993, ch. 375, § 3; Laws, 1997, ch. 604, § 4; Laws, 2002, ch. 595, § 1; Laws, 2014, ch. 397, § 36; Laws, 2014, ch. 398, § 6, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 36 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014, 9:10 a.m.), amended this section. Section 6 of ch. 398, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014, 9:27 a.m.), also amended this section. As set out above, this section reflects the language of Section 6 of ch. 398, Laws of 2014, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Editor’s Notes —

Laws of 1992, ch. 538, § 6, effective from and after passage (approved May 14, 1992) provides as follows:

“SECTION 6. The State Department of Education shall research and study the transfer of the administration of adult education programs mandated under 1992, ch. 538, and shall make a report to the Legislature and the Governor on or before February 15, 1993, regarding recommendations for corrective legislation necessary to legally and effectively implement said programs.”

Amendment Notes —

The 2002 amendment substituted “in accordance with” for “under” and added the last sentence in the second paragraph; and deleted “and testing in an alternative school program” at the end of the fourth paragraph.

The first 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

The second 2014 amendment (ch. 398) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” and “High School Equivalency Diploma” for “General Educational Development (GED)” or “GED” throughout the section and substituted “High School Equivalency Diploma transcript” for “GED transcript or diploma” at the end of the second paragraph.

Cross References —

Junior colleges generally, see §§37-29-1 et seq.

Provisions of this section not to prevent or interfere with independent operation of adult education under Department of Human Services, including Governor’s Literacy and Workplace Enhancement programs, see §37-35-5.

Use of funds provided under this section to obtain federal matching funds; other allocation requirements pertaining to funds provided under this section; temporary nature of classes funded under this section; see §37-35-11.

Mississippi Community College Board generally, see §§37-4-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

If acts of a student, although not rising to the level of a felony, are such that the student poses a threat to the safety of himself or others or will disrupt the educational process at the Alternative School, then the School Board may remove the student from the school system altogether. If a compulsory-school-age child is expelled from the Alternative School for criminal or violent behavior, the school district must refer the case to the youth court if probable cause exists. Maples, February 2, 2007, A.G. Op. #07-00025, 2007 Miss. AG LEXIS 1.

§ 37-35-11. General educational development preparatory classes; policies and procedures; funding; annual report.

The Mississippi Community College Board shall determine policies and procedures for administration of this program.

Funds provided under this section and Section 37-35-9 can be used for matching federal funds if such become available.

Funds provided under this section and Section 37-35-9 shall be allocated to schools and community/junior colleges on an average of twelve (12) to fifteen (15) adult students per class in average attendance, for one hundred fifty (150) hours maximum instruction per class. Funds will be allocated on a basis of target population by county for general educational development preparatory classes based on adults who have from nine (9) to eleven (11) years of schooling as indicated by the 1990 census. Schools and community/junior colleges will receive one hundred percent (100%) of the cost of general educational development preparatory classes. All classes funded under this section and Section 37-35-9 shall be considered temporary and shall be renewed only as long as participation is adequate for continued funding.

An annual report on program activities, adult participation and results shall be prepared by the Mississippi Community College Board and submitted to the Mississippi Legislature within the first month of regular legislative session each year.

HISTORY: Laws, 1974, ch. 347, § 2; Laws, 1992, ch. 538, § 5; Laws, 1993, ch. 375, § 4; Laws, 2014, ch. 397, § 37, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1992, ch. 538, § 6, effective from and after passage (approved May 14, 1992) provides as follows:

“SECTION 6. The State Department of Education shall research and study the transfer of the administration of adult education programs mandated under Laws, 1992, ch. 538, and shall make a report to the Legislature and the Governor on or before February 15, 1993, regarding recommendations for corrective legislation necessary to legally and effectively implement said programs.”

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges.”

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-35-13. Criminal penalties for violations of High School Equivalency Diploma security procedures.

  1. It is unlawful for anyone knowingly and willfully to do any of the following acts regarding the High School Equivalency Diploma:
    1. Give an examinee access to test questions prior to testing;
    2. Copy or reproduce all or any portion of any secure test booklet or completed test;
    3. Coach an examinee during testing or alter or interfere with an examinee’s response in any way;
    4. Make an answer key available to an examinee;
    5. Forge, counterfeit or alter a transcript, diploma, grade report or High School Equivalency Diploma test;
    6. Fail to account for all secure test materials before, during and after testing;
    7. Participate in, direct, aid, counsel, assist in, encourage, fail to report any of the acts prohibited in this section, or engage in any activity with the intent to fraudulently obtain a High School Equivalency Diploma.
  2. Any person violating any provisions of subsection (1) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned for not more than ninety (90) days, or both. Upon conviction, the Mississippi Community College Board may suspend or revoke the High School Equivalency Diploma credential of the person convicted.
  3. The district attorney or county prosecuting attorney shall investigate allegations of violations of this section, either on their own initiative or following the receipt of an allegation, or at the request of the Executive Director of the Mississippi Community College Board.
  4. The district attorney or county prosecuting attorney shall furnish to the Executive Director of the Mississippi Community College Board a report of the findings of any investigation conducted pursuant to this section.
  5. Nothing in this section may be construed to prohibit or interfere with the responsibilities of the Mississippi Community College Board in test development or selection, test form construction, standard setting, test scoring and reporting, or any other related activities which in the judgment of the Executive Director of the Mississippi Community College Board are necessary and appropriate.

HISTORY: Laws, 2005, ch. 405, § 1; Laws, 2014, ch. 397, § 38; Laws, 2014, ch. 398, § 7, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 38 of ch. 397, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014, 9:10 a.m.), amended this section. Section 7 of ch. 398, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014, 9:27 a.m.), also amended this section. As set out above, this section reflects the language of Section 7 of ch. 398, Laws of 2014, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2), (3), (4), and (5) and made minor stylistic changes.

The second 2014 amendment (ch. 398) substituted “High School Equivalency Diploma” for “General Education Development Test (GED)” or “GED” and “Mississippi Community College Board” for “State Board for Community and Junior Colleges” throughout the section.

Cross References —

Enforcement of and penalties for violations of mandatory uniform test security procedures, see §37-16-4.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Mississippi Community College Board generally, see §§37-4-1 et seq.

Chapter 37. Public Schools; Accounting and Auditing

§ 37-37-1. Uniform system of accounts for school districts.

The State Department of Education is hereby authorized and directed to prescribe and formulate for use by all school districts of this state, including municipal separate school districts, adequate accounting systems and other essential financial records which shall be uniform for all of the school districts of this state. Such uniform system shall include a method of accounting for and keeping records of all funds received, handled and disbursed by such school district, whether derived from taxation or otherwise, including funds derived from donations, athletic events and other special activities of the school district. The uniform system of accounts so prescribed and formulated by the State Department of Education shall be distributed and disseminated to all of the school districts of this state and it shall be mandatory that the boards of trustees of all such school districts install, utilize and follow said uniform system of accounts in keeping the financial records of the school district. At the request of the Mississippi Department of Education, the Office of the State Auditor shall provide advice for implementation of this section.

HISTORY: Codes, 1942, § 6229-01; Laws, 1953, Ex Sess, ch. 21; Laws, 2006, ch. 550, § 5, eff from and after July 1, 2006.

Editor’s Notes —

Section 7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14; 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor”, and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear; Subsequently, 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2006 amendment substituted “State Department of Education” for “department of audit of the office of the state auditor of public accounts” in the first sentence; substituted “State Department of Education” for “department of audit” in the third sentence and added the last sentence.

Cross References —

Post-audits and investigations of financial affairs and transactions involving county school funds, see §37-61-29.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 728.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-37-3. Employment of additional examiners.

In addition to all auditors and other employees now or hereafter provided by law, the State Auditor may appoint and employ examiners in the Department of Audit. The examiners shall make such audits as may be necessary to determine the correctness and accuracy of all reports made to the State Department of Education by any school district or school official concerning the number of educable students in any school district, the number of students enrolled in any school district, the number of students in average daily attendance in any school district, and the number of students being transported or entitled to transportation to any of the public schools of this state.

HISTORY: Codes, 1942, § 6229-02; Laws, 1953, Ex Sess, ch. 22, § 1; Laws, 1962, ch. 337, § 1; Laws, 1986, ch. 492, § 115; Laws, 2004, ch. 434, § 1, eff from and after passage (approved Apr. 28, 2004.).

Editor’s Notes —

Section 7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14; 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor”, and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear; Subsequently, 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and its functions and duties transferred to the State Board of Education. It further provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Department of Education.

Amendment Notes —

The 2004 amendment rewrote the section.

Cross References —

State department of audit generally, see §§7-7-201 et seq.

§ 37-37-5. Compensation, bond and qualifications of examiners.

The examiners appointed under the authority of Section 37-37-3 shall be subject to the same provisions of law governing auditors appointed by the State Auditor under the provisions of Sections 7-7-201 through 7-7-221. However, it shall not be necessary that such examiners be certified public accountants or practical accountants or have had any previous accounting or auditing experience, and it shall not be necessary that such examiners pass an examination in practical accounting or auditing as a prerequisite to appointment.

HISTORY: Codes, 1942, § 6229-11; Laws, 1962, ch. 337, § 10; Laws, 1986, ch. 492, § 116, eff from and after July 1, 1987.

Editor’s Notes —

Section 7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14; 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor”, and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear; Subsequently, 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 37-37-7. Powers of examiners; auditing policies.

  1. In making audits under the provisions of this chapter, the examiners may call the attendance rolls at the schools, make field investigations and surveys, make checks of the number of students being transported upon publicly or privately owned buses, and make other and further examinations and investigations as may be necessary to determine whether or not the students reported are actually enrolled in and attending the public schools or are actually being transported or entitled to transportation to such public schools.
  2. In addition to the powers and duties of examiners in subsection (1), the State Auditor may establish policies and procedures to ensure the accuracy and reliability of student data used to determine state funding for local school districts, which may include, but are not limited to, the following:
    1. On-site audits;
    2. An auditing process that ensures the timeliness and accuracy of reports generated by school districts of this state regarding all student transactions;
    3. An auditing process that provides for the timeliness, process and accuracy of the electronic transmission of all student data to the Mississippi Department of Education, including, but not limited to, student enrollment, attendance, transportation, absenteeism, graduation and dropouts and other student data and administrative functions as deemed necessary;
    4. An audit of the accuracy and validity of all student transactions using the Mississippi Student Information System; and
    5. An audit process that ensures the timeliness and accuracy of reports, other than student data, required for submission in accordance with state law and/or State Board of Education policies.

      Reviews and audits shall be conducted with advance notice, except that unannounced audits may be made upon the determination of the State Auditor when they are necessary due to complaints or valid concerns. Examiners shall make every effort to work with school districts in scheduling audits in consideration of instructional activities such as statewide student testing days. The Department of Education and the school district shall cooperate fully with examiners in providing any related information requested in order to properly conduct the review or audit.

HISTORY: Codes, 1942, § 6229-03; Laws, 1953, Ex Sess, ch. 22, § 2; Laws, 1962, ch. 337, § 2; Laws, 1986, ch. 492, § 117; Laws, 2004, ch. 434, § 2, eff from and after passage (approved Apr. 28, 2004.).

Amendment Notes —

The 2004 amendment added (2).

§ 37-37-8. Repealed.

Repealed by Laws, 2004, ch. 434, § 5, eff from and after passage (approved April 18, 2004).

[Laws, 1986, ch. 488, § 8; Laws, 1986, ch. 492, § 118, eff from and after July 1, 1987]

Editor’s Notes —

Former §37-37-8 required examiners to take an actual count of students.

§ 37-37-9. Reports upon completion of examination or audit.

Upon completion of each review or audit, the State Auditor shall prepare a report setting forth the audit results and findings, specifically noting all exceptions or violations of any existing law. Copies thereof shall be furnished to the State Department of Education and each school district reviewed or audited. The original copy shall be retained in the Office of the State Auditor as a permanent record thereof and shall be subject to public inspection. The State Auditor shall complete a comprehensive annual report summarizing results of reviews or audits each year and provide the report to the State Department of Education and to the education committees of the Mississippi House of Representatives and Senate.

HISTORY: Codes, 1942, § 6229-04; Laws, 1953, Ex Sess, ch. 22, § 3; Laws, 1962, ch. 337, § 3; Laws, 1986, ch. 492, § 119; Laws, 2004, ch. 434, § 3, eff from and after passage (approved Apr. 28, 2004.).

Editor’s Notes —

Section 7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14; 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor”, and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear; Subsequently, 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2004 amendment rewrote the section.

§ 37-37-11. Repealed.

Repealed by Laws, 2004, ch. 434, § 6, eff from and after passage (approved April 18, 2004).

[Codes, 1942, § 6229-05; Laws, 1962, ch. 337, § 4; Laws, 1986, ch. 492, § 120, eff from and after July 1, 1987]

Editor’s Notes —

Former §37-37-11 provided for minimum numbers of audits in each school durung an academic year.

§ 37-37-13. Reporting standards; penalties for adverse findings.

The State Board of Education shall include reporting standards for school districts as part of the standards for accreditation of school districts. These standards shall include penalties within the accreditation system for adverse findings resulting from any reviews or audits conducted under this chapter or through any reviews the State Department of Education may make.

HISTORY: Codes, 1942, § 6229-06; Laws, 1962, ch. 337, § 5; Laws, 1964, ch. 382, § 1; Laws, 1986, ch. 492, § 121; Laws, 2004, ch. 434, § 4, eff from and after passage (approved Apr. 28, 2004.).

Amendment Notes —

The 2004 amendment rewrote the section.

§§ 37-37-15 through 37-37-19. Repealed.

Repealed by Laws, 2004, ch. 434, § 7, eff from and after passage (approved April 18, 2004).

§37-37-15. [Codes, 1942, § 6229-07; Laws, 1962, ch. 337, § 6; Laws, 1986, ch. 492, § 122, eff from and after July 1, 1987]

§37-37-17. [Codes, 1942, § 6229-08; Laws, 1962, ch. 337, § 7; Laws, 1986, ch. 492, § 123, eff from and after July 1, 1987.]

§37-37-19. [Codes, 1942, § 6229-09; Laws, 1962, ch. 337, § 8; Laws, 1986, ch. 492, § 124, eff from and after July 1, 1987.]

Editor’s Notes —

Former §37-37-15 provided for the use of reduced average attendance figures.

Former §37-37-17 required a school district to provide the necessary funds to cover the reduction of minimum education program funds.

Former §37-37-19 provided for the reduction of earned credits against the State Public School Building Fund.

§ 37-37-21. Reports of violations; civil and criminal actions.

When, as a result of any audits performed under the terms of this chapter, the State Auditor has reason to believe that any false or erroneous report or violation of law presents ample evidence therefor, he shall report the same to the Attorney General. The Attorney General shall thereupon institute suit in the name of the State of Mississippi and prosecute to a conclusion such actions as may be necessary to make recovery from any and all persons civilly liable. The Attorney General shall also refer the matter to the proper district attorney for the institution of any appropriate criminal proceedings. Any funds recovered by such suits shall be paid into the appropriate school district fund in accordance with the loss such fund or funds may have sustained.

HISTORY: Codes, 1942, § 6229-10; Laws, 1962, ch. 337, § 9; Laws, 1986, ch. 492, § 125, eff from and after July 1, 1987.

Editor’s Notes —

Section 7-7-2, as added by Laws of 1984, chapter 488, § 90, and amended by Laws of 1985, chapter 455, § 14; 1986, chapter 499, § 1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor”, and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall be the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws of 1989, chapter 532, § 2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer, and, more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear; Subsequently, Laws, 1989, ch. 544, § 17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Chapter 39. Public Schools; Purchases

§ 37-39-1. Definitions.

The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

“Perishables” shall mean items which have a variable market price on which vendors are unable to submit a long-range price such as fruits and vegetables;

“Purchasing agent” shall mean the superintendent, or other individual or individuals designated by the school board or by the school boards acting jointly as its agent or agents to negotiate and make private contract or to purchase;

“School boards” shall mean the local governing boards of all school districts in the state, whether they act jointly or separately;

“Services” shall mean maintenance, operational and scholastic services utilized within and for the school district or school districts.

HISTORY: Codes, 1942, §§ 6231-01, 6231-02; Laws, 1964, ch. 396, §§ 1, 2; Laws, 1976, ch. 462, § 3; Laws, 1980, ch. 440, § 20; Laws, 1981, ch. 306, § 5; Laws, 1986, ch. 492, § 126; Laws, 2004, ch. 357, § 9, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “administrative superintendent” following “superintendent” in (b).

§ 37-39-3. Repealed.

Repealed by Laws, 1980, ch. 440, § 28, eff from and after January 1, 1981.

[Codes, 1942, § 6231-10; Laws, 1964, ch. 396, § 10; Laws, 1973, ch. 334, § 1]

Editor’s Notes —

Former Section 37-39-3 provided that the provisions of this chapter were an alternative means to purchase supplies and make contracts therefor.

§ 37-39-5. School boards shall make and maintain list of supplies and equipment regularly used in schools.

It shall be the duty of each school board to make or cause to be made, a list of supplies and equipment, including quality specifications when applicable, regularly used in the schools under its supervision, and to maintain such a list in the office of the school district or county superintendent of education or other executive officer of the board. Such list shall be used by the board in obtaining competitive bids for supplies or equipment to be purchased, and shall be available to any interested persons.

HISTORY: Codes, 1942, § 6231-03; Laws, 1964, ch. 396, § 3, eff from and after July 1, 1964.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts § 395.

§§ 37-39-7 through 37-39-13. Repealed.

Repealed by Laws, 1980, ch. 440, § 28, eff from and after January 1, 1981.

§37-39-7. [Codes, 1942, § 6231-02; Laws, 1964, ch. 396, § 2; Laws, 1977, ch. 342]

§37-39-9. [Codes, 1942, § 6231-05; Laws, 1964, ch. 396, § 5; Laws, 1974, ch. 379; Laws, 1976, ch. 462, § 4]

§37-39-11. [Codes, 1942, § 6231-04; Laws, 1964, ch. 396, § 4]

§37-39-13. [Codes, 1942, § 6231-06; Laws, 1964, ch. 396, § 6]

Editor’s Notes —

Former Section 37-39-7 specified when competitive bids were required and provided that contracts were to go to the lowest and best bidder.

Former Section 37-39-9 authorized the designation of purchasing agents, specified their authority, and provided for emergency purchasing procedures.

Former Section 37-39-11 required that notice of intention to let contracts or to make purchases be given by publication or posting.

Former Section 37-39-13 exempted certain non-competitive items and items with fixed prices from competitive bidding requirements.

§ 37-39-15. Purchase of supplies or equipment for schools.

  1. In connection with the purchase of necessary supplies or equipment for the conduct of regular school operations, school boards may, in their discretion, designate as their purchasing agent or agents such school official or officials as they see fit and may authorize such agent or agents to make purchases of supplies and equipment subject to competitive bid requirements in Sections 31-7-1 et seq., Mississippi Code of 1972.
  2. Supplies that are perishable or foods purchased for use in connection with the school lunch and homemaking programs shall be exempted from competitive bid requirements. However, each school board shall adopt and place in its minutes definite policies for guidance of agents of such boards in connection with purchases of perishable supplies or foods which are unstable or variable in price. Such policies shall have the effect of law and any violations shall be subject to the penalties as provided by law.

HISTORY: Codes, 1942, § 6231-07; Laws, 1964, ch. 396, § 7; Laws, 1980, ch. 440, § 21; Laws, 1987, ch. 307, § 20, eff from and after passage (approved March 3, 1987).

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

It is the duty of public authorities such as school trustees to accept the bid involving the least expenditure of public funds. Parker Bros. v. Crawford, 219 Miss. 199, 68 So. 2d 281, 1953 Miss. LEXIS 382 (Miss. 1953).

Under this section [Code 1942, § 9027] which provides that the board of trustees of school districts shall let construction contracts go to the lowest and best bidder, the trustees are not compelled to award a contract to the lowest bidder who is financially responsible but they have discretionary power to pass upon the honesty and integrity of the bidder necessary to a faithful performance of the contract, upon his skill and business judgment, his experience and his facilities for carrying out the contract, previous conduct under other contracts and the quality of previous work as well as his pecuniary ability. Parker Bros. v. Crawford, 219 Miss. 199, 68 So. 2d 281, 1953 Miss. LEXIS 382 (Miss. 1953).

Public boards and officials are vested with a sound discretion in making the determination as to who is the lowest and best bidder, and their decisions if based upon an honest and reasonable exercise of the discretion as vested in them will not be interfered with by the courts; however, such public authorities must always exercise a real discretion based upon facts reasonably tending to support their decision. Parker Bros. v. Crawford, 219 Miss. 199, 68 So. 2d 281, 1953 Miss. LEXIS 382 (Miss. 1953).

§ 37-39-17. Restrictions on purchases in small quantities; contracts may be awarded for delivery at different points.

Purchases of items regularly used in connection with school operation shall not be made in small quantities for the purpose of circumventing the law requiring competitive bids or quotations, but shall be purchased by contract whenever feasible. School boards shall have the authority, however, to award such contracts for supplies or equipment to be delivered to different points in the school district or county, to different bidders, when the best interests of the district or county warrant such action. Reasons for awarding such contracts to different bidders for different areas in the district shall be recorded on the minutes of the school board. In no event shall the price paid exceed the lowest and best bid received.

HISTORY: Codes, 1942, § 6231-09; Laws, 1964, ch. 396, § 9; Laws, 1980, ch. 440, § 22, eff from and after January 1, 1981.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts §§ 583, 584.

§ 37-39-19. Repealed.

Repealed by Laws, 1981, ch. 306, § 6, eff from and after passage (approved Feb. 9, 1981).

[Codes, 1942, § 6231-09; Laws, 1964, ch. 396, § 9]

Editor’s Notes —

Former Section 37-39-19 made it unlawful to submit split invoices to avoid competitive bidding requirements, and specified the penalties therefor.

§ 37-39-21. Bonds of purchasing agents.

The purchasing agent of any school board, before entering upon his official duties in such capacity, shall furnish a good and sufficient surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00), with sufficient surety. Such bonds shall be payable, conditioned and approved in the manner provided by law, and shall be filed and recorded in the office of the clerk of the chancery court in which the school district is located. The premium on said bond shall be paid out of the school district(s) maintenance fund(s).

HISTORY: Codes, 1942, § 6231-08; Laws, 1964, ch. 396, § 8; Laws, 1976, ch. 462, § 5; Laws, 1986, ch. 492, § 127, eff from and after July 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

If an employee is acting in both capacities of principal and purchasing agent, one bond in the amount of $50,000 will not suffice. Such an employee must be covered for $25,000 for the duties of principal pursuant to Section 37-9-31 and $50,000 for the duties of a purchasing agent under Section 37-39-21 for a total coverage of $75,000. Middleton, April 26, 1996, A.G. Op. #96-0222.

Section 37-39-21 is written in the singular which would indicate that any and all purchase agents must be covered by an individual bond pursuant to Section 25-1-15(2). Middleton, April 26, 1996, A.G. Op. #96-0222.

The wording of 37-39-21 requires a purchase agent to be covered by an individual bond for $50,000. Under Section 25-33-1 a Notary Public is a separate office covered by an entirely different statutory scheme and such Notary would be required to provide an individual bond of $5,000 for the performance of this duty. Therefore a purchasing agent who also acts as a Notary Public would be required to provide two individual bonds the total amount of which would be $55,000. Middleton, April 26, 1996, A.G. Op. #96-0222.

§ 37-39-23. Joint purchases of supplies and services by school boards of public school districts authorized.

The school boards of all public school districts may, in their discretion, enter into an agreement, not inconsistent with the provisions of this chapter, to act jointly in the purchase of maintenance, operational and scholastic services, supplies and materials and equipment.

It is the purpose of this section to enable the school systems to achieve economies of scale through increased purchasing power to the end that the education tax revenues be utilized efficiently.

HISTORY: Laws, 1976, ch. 462, § 1; Laws, 1986, ch. 492, § 128; Laws, 2004, ch. 427, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment, in the first paragraph, deleted “in any county” and “within a county,” and added “may” and “and equipment.”

§ 37-39-25. Resolution authorizing joint purchases; joint purchasing agent.

  1. The school boards which choose to act jointly as authorized by section 37-39-23 shall adopt resolutions to that effect which shall be recorded on the minutes of the school boards and copies of which shall be filed with the clerk of the chancery court of the county in which such school districts are located.
  2. The school board may appoint a purchasing agent who shall be responsible, subject to the approval of the board, for all purchases of competitively priced services, materials and supplies. The purchasing agent shall be bonded in accordance with Section 37-39-21. The purchasing agent shall serve all of the school districts acting jointly. There shall not be a separate purchasing agent for the separate districts which are acting jointly.
  3. The purchasing agent for the county school boards shall arrange for purchase, storage and distribution of supplies and materials purchased jointly. The costs involved in purchase, transportation, storage, administration and any other activity regarding joint purchases by the school boards shall be shared among the participating districts on a pro rata basis.

HISTORY: Laws, 1976, ch. 462, § 2; Laws, 1980, ch. 440, § 23, eff from and after January 1, 1981.

Chapter 41. Transportation of Pupils

In General

§ 37-41-1. Promulgation of rules and regulations; applicability of chapter.

The State Board of Education is authorized, empowered and directed to promulgate rules and regulations relating to the transportation of students enrolled in the public school districts, including rules and regualtions for:

Setting standards for public school district bus routes;

Setting standards for public school district buses;

Setting standards for public school district bus drivers;

Formulating procedure for selecting public school district bus drivers;

Formulating courses of training for public school district bus drivers and mechanics, and assist in administering and financing such courses;

Providing operation procedure for public school district buses to insure safety of pupils;

Formulating specifications for use in purchasing public school district buses; getting bids on public school district buses; equipment and supplies; and fixing prices based upon said bids which school districts may not exceed in purchasing said equipment;

Formulating specifications for use by school districts in purchasing used school buses; and

Providing a system of records and reports for the purpose of carrying out the provisions of Sections 37-41-1 through 37-41-51, and providing the superintendent of schools with a sufficient supply of report forms.

All rules and regulations adopted and promulgated by the State Board of Education relating to school district bus drivers shall also be applicable to drivers of privately owned buses transporting public school district children.

All rules and regulations adopted and promulgated by the State Board of Education pursuant to the authority conferred by this section shall be spread at large upon the minutes of the State Board of Education and copies thereof shall be furnished to all school boards not less than thirty (30) days prior to the effective date of such rules and regulations.

The provisions of this chapter are applicable to school districts and the transportation of students enrolled in public school districts. Charter schools authorized by the Mississippi Charter School Authorizer Board are exempt from the provisions of this chapter.

HISTORY: Codes, 1942, § 6336-11; Laws, 1953, Ex Sess, ch. 15, § 10; Laws, 1973, ch. 339, § 1; Laws, 1974, ch. 499; Laws, 1981, ch. 482, § 2; Laws, 1986, ch. 492, § 129; Laws, 2004, ch. 357, § 10; Laws, 2010, ch. 483, § 1; Laws, 2013, ch. 497, § 71, eff from and after July 1, 2013.

Editor’s Notes —

Section 37-41-51 referred to in (i) was repealed by Laws, 1982, ch. 354, § 30, eff from and after July 1, 1982.

Laws of 2011, ch. 481, § 8, provides:

“SECTION 8. (1) There is created the Mississippi School Bus Safety Task Force which shall be composed of nine (9) members as follows:

“(a) Three (3) members appointed by the Speaker of the House of Representatives, one (1) of whom shall be appointed from the membership of the House of Representatives;

“(b) Three (3) members appointed by the Lieutenant Governor, one (1) of whom shall be appointed from the membership of the Senate; and

“(c) Three (3) members appointed by the Governor.

“(2) At its first meeting, the task force shall elect a chairman and vice chairman from its membership and shall adopt rules for transacting its business and keeping records. Members of the task force shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41; legislative members of the task force shall receive the expense allowance provided for in Section 5-1-47.

“(3) The duties of the task force shall be to:

“(a) Make a comprehensive study of school bus safety designs and technology related to safety and law enforcement.

“(b) Examine and study approaches taken by other states in the implementation and costs of school bus safety.

“(c) Research and develop recommendations relating to school bus safety.

“(4) The task force shall publish its findings and recommendations with any proposed legislation in a report to the Governor and the Legislature to be made on or before December 31, 2011.

“(5) The task force shall stand dissolved on January 1, 2012.”

The introductory paragraph is set out as it appears in the amendment by Laws 2013, ch. 497.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendent” following “superintendent of schools” in (k).

The 2010 amendment deleted former (b), (h) and ( l ), which read: “Approving or disapproving plans for public school routes,” “Furnishing consultative supervision for the operation of county school bus garages, and approving plans for such garages and the proposed expenditure of transportation funds therefor,” and “Conduct upon said buses” respectively, and redesignated the remaining subsections accordingly; and deleted former (m), which read: “The method by which, and the circumstances in which, any individual who is not a student scheduled to be a passenger upon that particular bus, a member of the public school administration or faculty, or a law enforcement official may obtain entry upon said buses.”

The 2013 amendment inserted “relating to the transportation of students enrolled in the public school districts, including rules and regulations” at the end of the introductory paragraph; inserted “district” following “public school” throughout; and added the last paragraph.

Cross References —

Power and authority of state board of education to promulgate regulations governing design and operation of school buses generally, see §37-41-57.

Power and authority of state board of education with respect to this chapter, see §37-41-103.

School buses to be equipped with white flashing strobe lights in accordance with standards established by department as authorized by this section, see §63-7-23.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 278, 279.

CJS.

78A C.J.S., Schools and School Districts §§ 1030-1036.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

A school board’s purchase of two deluxe commercial “activity buses” without approval from the State Department of Education was unlawful since §§37-41-1, -81, -85, and -101 require state approval before purchasing vehicles for the transportation of pupils; however, personal liability for the illegal expenditures would not be imposed on board members since a school district is empowered with the authority to purchase transportation equipment, so that the school board’s object was lawful and there was merely a mistaken exercise in legal power in that state approval was not sought. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

§ 37-41-2. Interference with operation of school bus; penalty.

It shall be unlawful for any individual, other than a student scheduled to be a passenger upon that particular bus, a member of the public school administration or faculty, or a law enforcement official, to directly or indirectly interfere in any way with passenger ingress and egress or the operation, including unauthorized boarding thereof, of a bus used in public school student transportation unless permission has been obtained as prescribed by pertinent rules and regulations promulgated by the state board of education or the local school authorities.

Upon conviction of violation of any provision of this section, such individual shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed five hundred dollars ($500.00), imprisonment in the county jail for a period not to exceed six (6) months, or both. Any person under the age of seventeen (17) who violates any provision of this section shall be treated as delinquent within the jurisdiction of the youth court.

HISTORY: Laws, 1973, ch. 339, § 2, eff from and after June 1, 1973.

Cross References —

Youth Court Law, see §43-21-101 et seq.

Imposition of standard state assessment in addition to court imposed fines or other penalties for misdemeanor violation, see §99-19-73.

§ 37-41-3. Pupils entitled to transportation.

Pupils of legal school age, which shall include kindergarten pupils, and in actual attendance in the public schools who live a distance of one (1) mile or more by the nearest traveled road from the school to which they are assigned by the school district in which they are enrolled shall be entitled to transportation within the meaning of this chapter. Nothing contained in this section shall be construed to bar any child from such transportation where he or she lives less than one (1) mile and is on the regular route of travel of a school bus and space is available in such bus for such transportation. No state funds shall be paid for the transportation of children living within one (1) mile of the school, except as otherwise provided in this chapter, and such children shall not be included in transportation reports. In the development of route plans, economy shall be a prime consideration. There shall be no duplication of routes except in circumstances where it is totally unavoidable. The State Department of Education shall have authority to investigate school bus routing when there is reason to believe the provisions of this statute are being violated. The State Board of Education shall have authority to withhold transportation funds when school districts fail to correct unnecessary route duplication. Provided further, that all school districts are hereby authorized to lease or contract with any public or private individual, partnership, corporation, association, agency or other organization for the implementation of transportation of pupils as provided for in this section.

The school boards may provide transportation to such crippled and physically handicapped children as may be designated by such boards, when the failure to do so would result in undue hardship, even though the children are not otherwise entitled to transportation under the provisions of this chapter. The State Department of Education shall require all school districts during the 1993-1994 school year to equip school buses with properly designed seat belts to protect such physically handicapped children, and school districts are authorized to expend funds therefor from nonminimum program or other sources.

Where space is available, students attending junior colleges shall be allowed transportation on established routes in district-owned buses. However, no additional funds shall be allocated or expended for such purposes, and such persons shall not be included in transportation reports.

Children enrolled in special or alternative programs approved by school boards may be provided transportation even though such children are not otherwise entitled to transportation under the provisions of this chapter. No additional funds shall be allocated or expended for such purpose, and such children shall not be included in transportation reports.

HISTORY: Codes, 1942, § 6336-04; Laws, 1953, Ex Sess, ch. 15, § 3; Laws, 1959, Ex Sess, ch. 29, § 3; Laws, 1970, ch. 374, § 3; Laws, 1971, ch. 339, § 1; Laws, 1974, ch. 407; Laws, 1978, ch. 483, § 1; Laws, 1982, ch. 354, § 1; Laws, 1986, ch. 492, § 130; Laws, 1988, ch. 487, § 6; Laws, 1993, ch. 379, § 1; Laws, 1993, ch. 602, § 11; Laws, 2013, ch. 497, § 72, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1990, Chapter 589, § 35, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990 declare that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the amendatory provisions have not been printed in this volume. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Amendment Notes —

The 2013 amendment inserted “by the school district in which they are enrolled” preceding “shall be entitled to transportation within the meaning of this chapter” at the end of the first sentence in the first paragraph.

Cross References —

Authorization for transportation of other pupils to public schools under extraordinary circumstances, see §37-41-5.

Contract entered into by school district for operation, rental or leasing of public school buses must stipulate in contract that entity providing school bus must place on bus required district-identifying signage, see §37-41-43.

OPINIONS OF THE ATTORNEY GENERAL

A school district is authorized to lease a school bus or buses if the school board enters a resolution upon the minutes of the board that such is deemed necessary for the implementation of transportation of pupils; however, no such lease agreement may bind successors in office. Thompson, Nov. 21, 1991, A.G. Op. #91-0873.

It is within the discretion of a school district to designate a day care center or home as a bus stop on an established and structured bus route and on a space available basis to transport district students from that day care facility or home to school and from school back to that facility or home. Carnathan, Nov. 14, 1997, A.G. Op. #97-0694.

A child not enrolled and in attendance at a school in a particular school district is not legally entitled to transportation on any school bus within that district; nevertheless, it is within the discretion of the school board to allow the pre-school child of a bus driver to ride on the driver’s bus route each day. Necaise, Mar. 14, 2003, A.G. Op. #03-0011.

In undertaking the responsibility to lay out routes for the children and to provide transportation, the school board may take into consideration such extenuating practical circumstances as the condition of the roads, whether the bus has space for turning around, etc. A school district is not required to travel a private road. Pickett, Aug. 27, 2004, A.G. Op. 04-0384.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 267, 280.

CJS.

78A C.J.S., Schools and School Districts §§ 1030-1036.

JUDICIAL DECISIONS

1. In general.

2. Use of other than state funds.

1. In general.

Section 6336-04, Code 1942, provides that no pupils who live within the corporate limits of a municipality and who are assigned to a school within the corporate limits shall be considered as eligible for transportation supported or subsidized by state funds. Sutton v. Hattiesburg, 367 F. Supp. 1154, 1973 U.S. Dist. LEXIS 10850 (S.D. Miss. 1973).

For children to be entitled to bus transportation between their home and their school they must live a mile or more from the school by the nearest travelled road, and the distance is to be determined from the door of their residence rather than from the intersection of their private driveway with a public road. Madison County Board of Education v. Grantham, 250 Miss. 767, 168 So. 2d 515, 1964 Miss. LEXIS 500 (Miss. 1964).

2. Use of other than state funds.

Intra-city busing program provided for from accumulated reserves and a separate transportation account funded solely by local income was not in conflict with this statute as no state funds were used, and the state was enjoined from interfering with the school board’s use of non-state derived funds to pay for said busing. Singleton v. Jackson Municipal Separate School Dist., 509 F.2d 818, 1975 U.S. App. LEXIS 15908 (5th Cir. Miss. 1975).

Where a municipal separate school district has not spent and does not contemplate spending any funds derived from state sources on intra-city bus transportation of pupils, it has not violated this section [Code 1942, § 6336-04]. Singleton v. Jackson Municipal Separate School Dist., 332 F. Supp. 984, 1971 U.S. Dist. LEXIS 11178 (S.D. Miss. 1971), aff'd, 509 F.2d 818, 1975 U.S. App. LEXIS 15908 (5th Cir. Miss. 1975).

§ 37-41-5. Transportation of children under extraordinary circumstances and conditions.

In addition to public school students or pupils authorized to be transported to the public schools by virtue of Section 37-41-3, the local school board, with the concurrence of the board of supervisors, in their discretion and with local tax funds or other local contributions or support exclusively and without state appropriations, may provide transportation for students or pupils to the public schools whenever the within described boards or officers find that extraordinary circumstances and conditions are prevalent in said school district in regard to such matters as the public health and safety, school facilities, location of the school site, unusual economic growth and population expansion, newly expanded municipal corporation limits, the general welfare, and any other emergency facts and conditions which may be deemed by said authorities to be in the best interest of the political subdivision.

HISTORY: Codes, 1942, § 6336-31; Laws, 1964, ch. 393; Laws, 1982, ch. 354, § 2; Laws, 1986, ch. 492, § 131, eff from and after July 1, 1987.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 267, 280.

CJS.

78A C.J.S., Schools and School Districts §§ 1030-1036.

§ 37-41-7. Laying out of routes within county; supplemental funds.

The local school board is hereby authorized, empowered and directed to lay out all transportation routes and provide transportation for all school children who are entitled to transportation within their respective counties and school districts.

Any school district may, in the discretion of the school board, expend funds from any funds available to the school district other than minimum education program funds, including the amounts derived from district tax levies, sixteenth section funds, and all other available funds, for the purpose of supplementing funds available to the school board for paying transportation costs, not covered by minimum education program funds.

HISTORY: Codes, 1942, § 6336-01; Laws, 1953, Ex Sess, ch. 15, § 1; Laws, 1954, ch. 274, § 1; Laws, 1982, ch. 354, § 3; Laws, 1986, ch. 492, § 132; Laws, 2010, ch. 483, § 2, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment deleted “subject to the approval of the State Department of Education, in accordance with such laws as may be provided in this chapter and such rules and regulations as may be promulgated or prescribed by the State Board of Education” following “empowered and directed” in the first paragraph.

Cross References —

Transportation of students attending junior colleges, see §37-29-79.

Power of school boards of trustees to change transportation routes or facilities when schools are closed pursuant to order of governor, see §37-65-13.

Power of school boards of trustees to change transportation routes or facilities when schools are closed pursuant to order of trustees, see §37-65-111.

Transportation of schoolchildren attending teachers demonstration and practice schools, see §37-131-5.

JUDICIAL DECISIONS

1. In general.

Where the legislature passed laws abolishing all school districts but provided that the districts should continue to exist with all present powers until reorganization and consolidation of school districts could be effected, it was the intent of the legislature to preserve all existing laws until reorganization had been completed so the court could compel the county school board and the county superintendent of education to provide transportation for children of a school district who were legally enrolled in a school located in another district. Grenada County School Bd. v. Provine, 224 Miss. 574, 81 So. 2d 694, 1955 Miss. LEXIS 524 (Miss. 1955).

§§ 37-41-9 through 37-41-11. Repealed.

Repealed by Laws, 1982, ch. 354, § 30, eff from and after July 1, 1982.

§37-41-9. [Codes, 1942, § 6336-02; Laws, 1953, Ex Sess, ch. 15, § 2; Laws, 1954, ch. 274, § 2]

§37-41-11. [Codes, 1942, § 6336-03; Laws, 1958, ch. 299; Laws, 1960, ch. 306, § 1; Laws, 1962, ch. 349]

Editor’s Notes —

Former §37-41-9 provided for laying out of routes within municipal separate school district with added territory and for supplemental funds.

Former §37-41-11 provided for transportation of pupils in certain municipal separate school districts.

§ 37-41-13. How routes are to be laid out.

All routes shall be laid out so as to place all pupils entitled to transportation within a reasonable distance of same. No child entitled to transportation shall be required to walk a greater distance than one mile to reach the vehicle of transportation in the morning or to reach his home in the afternoon.

HISTORY: Codes, 1942, § 6336-08; Laws, 1953, Ex Sess, ch. 15, § 7.

OPINIONS OF THE ATTORNEY GENERAL

It is within the discretion of a school district to designate a day care center or home as a bus stop on an established and structured bus route and on a space available basis to transport district students from that day care facility or home to school and from school back to that facility or home. Carnathan, Nov. 14, 1997, A.G. Op. #97-0694.

In undertaking the responsibility to lay out routes for the children and to provide transportation, the school board may take into consideration such extenuating practical circumstances as the condition of the roads, whether the bus has space for turning around, etc. A school district is not required to travel a private road. Pickett, Aug. 27, 2004, A.G. Op. 04-0384.

JUDICIAL DECISIONS

1. In general.

For children to be entitled to bus transportation between their home and their school they must live a mile or more from the school by the nearest travelled road, and the distance is to be determined from the door of their residence rather than from the intersection of their private driveway with a public road. Madison County Board of Education v. Grantham, 250 Miss. 767, 168 So. 2d 515, 1964 Miss. LEXIS 500 (Miss. 1964).

§ 37-41-15. Alteration of routes; emergency transportation.

The school boards are hereby authorized to make necessary alterations in transportation routes, or to establish supplementary transportation routes in order to meet emergencies which may arise during the school year, such as the destruction of a school building by fire or other causes, an unanticipated increase in the number of school children in the school district during the school year, or any other emergency. Such emergency transportation shall be continued only so long as is necessary by reason of the emergency conditions.

HISTORY: Codes, 1942, § 6336-09; Laws, 1953, Ex Sess, ch. 15, § 8; Laws, 1982, ch. 354, § 4; Laws, 1986, ch. 492, § 133, eff from and after July 1, 1987.

§§ 37-41-17 and 37-41-19. Repealed.

Repealed by Laws of 2010, ch. 483, § 7, effective from and after July 1, 2010.

§37-41-17. [Codes, 1942, § 6336-05; Laws, 1953, Ex Sess, ch. 15, § 4; Laws, 1968, ch. 401, § 1; Laws, 1980, ch. 339, § 1; Laws, 1982, ch. 354, § 5; Laws, 1986, ch. 492, § 134.]

§37-41-19. [Codes, 1942, § 6336-06; Laws, 1953, Ex Sess, ch. 15, § 5; Laws, 1968, ch. 402, § 1; Laws, 1980, ch. 339, § 2; Laws, 1982, ch. 354, § 6; Laws, 1986, ch. 492, § 135.]

Editor’s Notes —

Former §§37-41-17 and37-41-19 provided standards for school district transportation plans.

§ 37-41-21. Prohibition on transporting certain pupils; exceptions.

It shall be unlawful to transport pupils who are not entitled to such transportation, or to transport pupils from one (1) district to another if their grade or grades are taught in a school within the district wherein they reside, unless the transfer of such children from the district in which they reside to such districts shall have been approved in the manner provided by law. It shall be further unlawful for the school board to expend funds from any source whatsoever for the transportation of pupils from one (1) district to another district if their grade or grades are taught in a school within the district wherein they reside, unless the transfer of such children from the district in which they reside to such other district shall have been approved in the manner provided by law.

HISTORY: Codes, 1942, § 6336-07; Laws, 1953, Ex Sess, ch. 15, § 6; Laws, 1958, ch. 313; Laws, 1982, ch. 354, § 7; Laws, 1986, ch. 492, § 136; Laws, 2010, ch. 483, § 3, eff from and after July 1, 2010.

Editor’s Notes —

Laws of 1990, Chapter 589, § 50, amended this section effective July 1, 1990, and provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions have not been printed in this volume. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Amendment Notes —

The 2010 amendment deleted the former first sentence, which read: “Only pupils who are entitled to transportation shall be reported in the proposed plans”; and in the first sentence, substituted “It shall be unlawful to transport pupils who are not entitled to such transportation, or to transport pupils from one (1) district to another” for “It shall be unlawful for the State Board of Education to allot any state funds to any school district for the transportation of pupils who are not entitled to such transportation, or for the transportation of pupils from one district to another.”

§ 37-41-23. Reports and records required.

The State Board of Education shall prescribe keeping and preservation of all records and the making of all reports and the description thereof as the board may deem necessary for the efficient operation of the school district transportation system of this state. It shall be unlawful for any pay certificate to be issued to any school district carrier or bus driver until all such reports required by the regulations of the State Board of Education shall have been filed in accordance with said regulations. Any person making a false list, report, or record required by the aforesaid rules and regulations of the State Board of Education shall be subject to the penalties provided by Section 37-41-25.

HISTORY: Codes, 1942, § 6336-10; Laws, 1953, Ex Sess, ch. 15, § 9; Laws, 1962, ch. 350; Laws, 1966, ch. 414, § 1; Laws, 2013, ch. 497, § 73, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted “district” in the first and second sentences.

§ 37-41-25. False reports, lists or records; misdemeanor; criminal and civil penalties.

Any superintendent of schools, member of the school board, superintendent, principal or carrier, or bus driver, who shall knowingly make any false report, list or record, or who shall knowingly make use of any false report, list or record concerning the number of school children being transported or entitled to be transported in any county or school district shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a period not to exceed sixty (60) days, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00), or by both such fine and imprisonment, in the discretion of the court. In addition, any such person shall be civilly liable for all amounts of public funds which are illegally, unlawfully or wrongfully expended or paid out by virtue of or pursuant to such false report, list or record, and upon conviction or adjudication of civil liability hereunder such person shall forfeit his license to teach for a period of three (3) years, if such person is the holder of such a license. Any suit to recover such funds illegally, unlawfully, or wrongfully expended or paid out may be brought in the name of the State of Mississippi by the Attorney General or the proper district attorney or county attorney. In the event such suit be brought against a person who is under bond, the sureties upon such bond shall likewise be liable for such amount illegally, unlawfully or wrongfully expended or paid out.

HISTORY: Codes, 1942, § 6336-14; Laws, 1953, Ex Sess, ch. 15, § 13; Laws, 1982, ch. 354, § 8; Laws, 1986, ch. 492, § 137; brought forward without change, Laws, 2013, ch. 497, § 74, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment brought the section forward without change.

Cross References —

Imposition of standard state assessment in addition to court imposed fines or other penalties for misdemeanor violation, see §99-19-73.

§ 37-41-27. School buses may be used for special events and during emergencies; school buses may be used to transport citizens attending air show or historic commemorative event on military base or military park under certain circumstances; transportation of students in vehicles other than school buses.

  1. The local school boards, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of participating students, teachers, coaches and sponsors in connection with athletic events, events of boys’ and girls’ clubs, events of Future Farmers of America or 4-H Clubs and special events in connection with the schools which the boards may consider a part of the educational program. The local school boards, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of citizens for grand jury and other jury functions upon order of the court or as considered necessary by the school board during natural or man-made emergencies, hurricanes, tornadoes, floods and other acts of God. The local school boards, subject to rules and regulations promulgated by the State Board of Education, may permit the use of publicly owned school buses for the transportation of citizens attending an air show or historic commemorative event held on a military base or military park located in the school district; provided that such determination shall be made upon the minutes of the school board and shall include an agreement with the military base or military park that it will indemnify and hold the school district harmless in any action regarding such transportation.
    1. Local school boards may regularly permit the use of motor vehicles other than school buses when the transportation is for trips to and from school sites or agricultural education sites or for trips to and from agricultural education-related events or competitions, but is not for customary transportation between a student’s residence and such sites.
    2. When the transportation of students is provided, as authorized in this subsection, in a vehicle other than a school bus that is owned, operated, rented, contracted, or leased by a school district or charter school, the following provisions shall apply:
      1. The vehicle must be a passenger car or multipurpose passenger vehicle or truck, as defined in 49 C.F.R. Part 571, designed to transport fewer than ten (10) students. Students must be transported in designated seating positions and must use the occupant crash protection system provided by the manufacturer unless the student’s physical condition prohibits such use.
      2. An authorized vehicle may not be driven by a student on a public right-of-way. An authorized vehicle may be driven by a student on school or private property as part of the student’s educational curriculum if no other student is in the vehicle.
      3. The driver of an authorized vehicle transporting students must maintain a valid driver’s license and must comply with the requirements of the school district’s locally adopted safe driver plan, which includes review of driving records for disqualifying violations.
      4. The local school board must adopt a policy that addresses procedures and liability for trips under this paragraph, including a provision that school buses are to be used whenever practical and specifying consequences for violation of the policy.

HISTORY: Codes, 1942, § 6336-12; Laws, 1953, Ex Sess, ch. 15, § 11; Laws, 1968, ch. 403, § 1; Laws, 1975, ch. 304; Laws, 1982, ch. 354, § 9; Laws, 1986, ch. 492, § 138; Laws, 2011, ch. 404, § 1; Laws, 2013, ch. 562, § 2; Laws, 2014, ch. 531, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2011 amendment added the last sentence in the paragraph.

The 2013 amendment in the last sentence of (1), inserted “or historic commemorative event” and twice inserted “or military park.”

The 2014 amendment added (2); and inserted “events of Future Farmers of America or 4-H Clubs” following “events of boys’ and girls’ clubs” near the end of the first sentence in (1).

OPINIONS OF THE ATTORNEY GENERAL

Where one school district’s bus carrying band members or athletes breaks down within another district, it is within discretion of second district’s board to determine that such students are participating in connection with athletic events and/or special events in connection with schools and authorize loan of bus; similarly, in event of break-down of another district’s school bus within school board’s boundaries, it is permissible for one school district to loan school bus to another district. Bailey, Oct. 14, 1992, A.G. Op. #92-0785.

Whether use of certain school buses for transportation of persons attending International Science and Engineering Fair is permitted by Miss. Code §37-41-27 depends on whether Fair was considered part of educational program of public school, determination which must be made by local school boards, subject to review by appropriate state officials and court of competent jurisdiction taking into consideration whether or not school district or its students participated in local or regional contests sponsored by this organization; such determination must be made upon minutes of school board, and school district may wish to state that school bus and its driver are under dominion and control of separate entity while on loan to that entity; it is also advisable to require agreement with organization that it will indemnify and hold school district harmless. Dukes, Jan. 4, 1993, A.G. Op. #92-0978.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 278, 279.

CJS.

78A C.J.S., Schools and School Districts §§ 1030-1036.

§ 37-41-29. Private transportation of pupils shall be replaced by public transportation; continuation of existing or approval of new private contracts under certain circumstances; contents of contract.

  1. It shall be the duty of the school boards, as existing private contracts providing for transportation of school pupils expire, to replace such private transportation with publicly owned transportation unless publicly owned transportation is deemed impractical. The school boards may acquire, when so requested by holders of private transportation contracts, from such holders of private transportation contracts, all buses which, in the opinion of the school boards, can be practicably operated as units of the public transportation system. The actual market value shall be paid therefor, said value to be determined by an appraisal by three (3) experienced and impartial citizens, the selection of whom shall be mutually agreed upon by the parties thereto.
  2. It shall be the duty of the school boards to approve the continuation of present private contracts providing for transportation of school pupils, or to approve new contracts entered into whenever it is deemed that the needs of the pupils can best be served by such method of transportation. However, in no case shall the amount allotted per pupil from state funds for transportation in facilities provided by private contracts exceed the amount allowed per pupil from state funds for public transportation in the same county and district.
  3. Before any money is allocated or disbursed from the state transportation funds to any school board which is transporting children under private contracts, written contracts shall be entered into by and between the respective carriers and school boards. A copy of each contract shall be filed with the superintendent of schools. The aforesaid contract shall contain, at a minimum, the cost of services to be provided to include all necessary bus routes as well as the cost of school-approved activities such as field trips, the length of the contract, the terms of the utilization of existing pupil transportation facilities and existing fleet of buses, if applicable, the necessary types and amounts of limits of insurance that will protect the district, to include Workers’ Compensation Insurance, and the stipulation for the placement of district-identifying signage on all buses under contract, as required under Section 37-41-43. Certificates of insurance shall provide that a thirty-day prior notice of cancellation will be given to the district. The contractor shall comply with all state laws and the State Board of Education policies pertaining to pupil transportation services, including the requirement that (a) school buses used by such contractor shall comply with the Mississippi Minimum Standards for School Buses established by the State Board of Education, and (b) all school bus drivers employed by such contractor shall be trained and certified by the State Department of Education.
  4. Local school boards are not required to file a copy of any private contract for the transportation of exceptional children or the transportation of children under extraordinary circumstances with the State Board of Education.

HISTORY: Codes, 1942, §§ 6336-13, 6336-16; Laws, 1953, Ex Sess, ch. 15, §§ 12, 15; Laws, 1966, ch. 415, § 1; Laws, 1982, ch. 354, § 10; Laws, 1986, ch. 492, § 139; Laws, 1988, ch. 466, § 4; Laws, 2004, ch. 357, § 11; Laws, 2010, ch. 483, § 4; Laws, 2014, ch. 486, § 2, eff from and after July 1, 2014.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “superintendent of schools” in the third paragraph.

The 2010 amendment rewrote the first sentence in the second paragraph, which formerly read: “With the approval of the State Board of Education, present private contracts providing for transportation of school pupils may be continued, or new contracts may be entered into whenever it is deemed that the needs of the pupils can best be served by such method of transportation”; and in the third paragraph, rewrote the third sentence (former last sentence), which formerly read: “The aforesaid contract shall show the length of the route, the amount of money to be paid the carrier, the type and condition of the bus, and any other information which may be required by the State Board of Education” and added the last two sentences.

The 2014 amendment redesignated former undesignated paragraphs as (1) through (4); and added “and the stipulation for the placement . . . under Section 37-41-43” at the end of the third sentence of (3).

Cross References —

Contract for transportation of children by private owned vehicles must stipulate that entity providing the transportation services must place on bus required district-identifying signage, see §37-41-43.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 278, 279.

16A Am. Jur. Legal Forms 2d, Schools Forms 229:353 et seq., (optional provisions of contract for transportation of school pupils providing for sale of bus to school on termination of contract).

CJS.

78A C.J.S., Schools and School Districts §§ 1044-1051.

§ 37-41-31. Awarding of private transportation contracts.

  1. In each case where pupils are transported to and from the public schools in the school districts of this state in privately owned vehicles, the contract for such transportation shall be let to the lowest responsible bidder who is able to furnish a solvent bond for the faithful performance of his contract. This shall be done after each route over which such pupils are to be transported has been laid out and established as provided in this chapter. Such contracts shall be awarded upon receipt of sealed bids or proposals after the time and place of letting such contracts and the manner of bidding have been duly advertised in some newspaper published in the county in accordance with the procedures provided in Section 31-7-13(c). If no newspaper is published in the county, then the advertisement shall be made by publication for the required time in some newspaper having a general circulation therein, and, in addition, by posting a copy thereof for that time in at least three (3) public places in the county, one (1) of which shall be at the county courthouse in each judicial district of the county. The awarding of all such contracts shall, however, in all respects be subject to the provisions of Section 37-41-29.
  2. Private contracts for the transportation of exceptional children, as defined in Section 37-23-3, may be negotiated by the local school board without the necessity of the advertising for or taking of bids. The same may apply under extraordinary circumstances where regular transportation is considered to be impractical. The local school board may negotiate and contract for the transportation described in this paragraph so long as the local school board complies with the school transportation regulations promulgated by the State Board of Education.
  3. Contracts shall be made for four (4) years, at the discretion of the local school board and shall include the stipulation for the placement of district-identifying signage on all buses under contract, as required under Section 37-41-43. Any and all bids may be rejected. At the expiration of any transportation contract, if the school board believes a route should remain substantially as established and finds that the carrier thereon has rendered efficient and satisfactory services it may extend the contract for not more than four (4) years, subject, however, to the provisions of Section 37-41-29.

HISTORY: Codes, 1942, § 6336-16; Laws, 1953, Ex Sess, ch. 15, § 15; Laws, 1966, ch. 415, § 1; Laws, 1982, ch. 354, § 11; Laws, 1986, ch. 492, § 140; Laws, 1988, ch. 466, § 5; Laws, 1997, ch. 484, § 1; Laws, 2003, ch. 539, § 6; Laws, 2010, ch. 483, § 5; Laws, 2013, ch. 497, § 75, Laws, 2014, ch. 486, § 3, eff from and after July 1, 2014.

Amendment Notes —

The 2003 amendment rewrote the third sentence of the first paragraph.

The 2010 amendment, in the second sentence in the second paragraph, deleted “with prior approval of the State Department of Education” from the end; and in the last sentence in the last paragraph, deleted “with the approval of the State Board of Education” following “satisfactory services it may.”

The 2013 amendment inserted “the school districts of” in the first sentence of the first paragraph.

The 2014 amendment redesignated former undesignated paragraphs as (1) through (3); and added “and shall include the stipulation . . . under Section 37-41-43” at the end of the first sentence in (3).

Cross References —

Contract for transportation of children by private owned vehicles must stipulate that entity providing the transportation services must place on bus required district-identifying signage, see §37-41-43.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 281, 282.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 93, 94 (complaint, petition, or declaration by bus operator for breach of contract to transport pupils).

CJS.

78A C.J.S., Schools and School Districts §§ 1044-1051.

§ 37-41-33. Repealed.

Repealed by Laws, 1982, ch. 354, § 30, eff from and after July 1, 1982.

[Codes, 1942, § 6336-06; Laws, 1953, Ex Sess, ch. 15, § 5; Laws, 1968, ch. 402, § 1]

Editor’s Notes —

Former §37-41-33 required that advertisements for bids and transportation contracts contain proper route number reference.

§ 37-41-35. Operation of school bus garage and repair shop.

In every school district of this state having district-owned school buses, the school board may establish, maintain and operate a school bus garage or shop for the servicing, repair and maintenance of such county-owned or district-owned buses. Two (2) or more counties or school districts are authorized, in the discretion of the respective school boards thereof, jointly to establish, maintain and operate a school bus garage or shop for the servicing, repair and maintenance of such county-owned or district-owned buses. All of such garages or shops shall be established, maintained and operated under such rules and regulations as may be promulgated by the State Board of Education. All expenses incurred in acquiring land, purchasing, renting or constructing buildings, purchasing equipment, and all other expenses incurred in connection with the establishing, operation and maintenance of such garages or shops, may be paid from county or district transportation funds. However, before any county or school district shall expend such transportation funds for the purchase of land, or the purchase, rental or construction of buildings, or other permanent improvements in connection with such garages or shops, such proposed expenditures shall be submitted to and approved by the State Board of Education in accordance with the applicable rules and regulations of said board. Where maintenance shops are operated by the board of supervisors or the governing authorities of a municipality, school boards may, by agreement with the board of supervisors or the governing authorities of a municipality provide for the maintenance of school buses in the maintenance shops operated by said boards of supervisors or governing authorities of a municipality and may contribute to the support and expense of said shops as they may deem appropriate, subject to the approval of the State Board of Education. School boards may contract with Head Start Programs to provide maintenance services for buses operated by Head Start and may accept financial contributions from Head Start Programs to support the expense of operating their respective school district vehicle maintenance facilities. All such contractual agreements with Head Start Programs shall be subject to the approval of the State Board of Education.

HISTORY: Codes, 1942, § 6336-15; Laws, 1953, Ex Sess, ch. 15, § 14; Laws, 1982, chs. 354, § 12; 412; Laws, 1986, ch. 492, § 141; Laws, 1992, ch. 472, § 1, eff from and after July 1, 1992.

Federal Aspects—

Head Start Program, see 42 USCS §§ 9831 et seq.

§§ 37-41-37 through 37-41-41. Repealed.

Repealed by 1992, ch. 491, § 19, eff from and after passage (approved May 12, 1992); and shall stand repealed from and after October 1, 1993.

§37-41-37. [Codes, 1942, § 6336-19; Laws, 1953, Ex Sess, ch. 15, § 18; 1962, ch. 351; Laws, 1964, ch. 394, § 1; Laws, 1970, ch. 375, § 1; Laws, 1972, ch. 500, § 1; Laws, 1982, ch. 354, § 13, repealed, Laws, 1984, ch. 495, § 37, reenacted and amended, Laws, 1985, ch. 474, § 32; Laws, 1986, ch. 438, § 17, Laws, 1986, ch. 492, § 142; Laws, 1987, ch. 483, § 22; Laws, 1988, ch. 442, § 19; Laws, 1989, ch. 537, § 18; Laws, 1990, ch. 518, § 19; Laws, 1990, ch. 535, § 7; Laws, 1991, ch. 618, § 18]

§37-41-39. [Codes, 1942, § 6336-19; Laws, 1953, Ex Sess, ch. 15, § 18; Laws, 1962, ch. 351; Laws, 1964, ch. 394, § 1; Laws, 1970, ch. 375, § 1; Laws, 1972, ch. 500, § 1; Laws, 1974, ch. 436; Laws, 1982, ch. 354, § 14; repealed, Laws, 1984, ch. 495, § 37; reenacted and amended, Laws, 1985, ch. 474, § 33; Laws, 1986, ch. 438, § 18; Laws, 1986, ch. 492, § 143; Laws, 1987, ch. 483, § 23; Laws, 1988, ch. 442, § 20; Laws, 1989, ch. 537, § 19; Laws, 1990, ch. 518, § 20; Laws, 1990, ch. 535, § 8; Laws, 1991, ch. 618, § 19]

§37-41-41. [Codes, 1942, § 6336-19; Laws, 1953, Ex Sess, ch. 15, § 18; Laws, 1962, ch. 351; Laws, 1964, ch. 394, § 1; Laws, 1970, ch. 375, § 1; Laws, 1972, ch. 500, § 1; Laws, 1974, ch. 435; Laws, 1981, ch. 359, § 1; Laws, 1982, ch. 354, § 15; repealed, Laws, 1984, ch. 495, § 37; reenacted and amended, Laws, 1985, ch. 474, § 34; Laws, 1986, ch. 438, § 19; Laws, 1986, ch. 492, § 144; Laws, 1987, ch. 483, § 24; Laws, 1988, ch. 442, § 21; Laws, 1989, ch. 537, § 20; Laws, 1990, ch. 518, § 21; Laws, 1990, ch. 535, § 9; Laws, 1991, ch. 618, § 20]

Editor’s Notes —

Former §37-41-37 was entitled: Suits for damages arising out of operation of school buses; settlement; legal representation.

Former §37-41-39 was entitled: Accident contingent fund.

Former §37-41-41 was entitled: Payment of claims; limitation on amount of claims.

§ 37-41-42. Repealed.

Repealed by Laws 1996, ch. 428, § 1, eff. June 30, 1997.

[Laws, 1994, ch. 617, § 1; Laws, 1995, ch. 312, § 1; Laws, 1996, ch. 428, § 1]

Editor’s Notes —

Former §37-41-42 related to the payment of claims arising under former §§37-41-37 to37-41-41 from the “Tort Claims Fund”.

§ 37-41-43. Identification of publicly-owned school district buses.

  1. All publicly owned school district buses which are hereafter acquired, and all publicly owned school district buses which shall hereafter be repainted, whether presently owned or hereafter acquired, and all publicly owned school district buses which do not have the name of the county or school district owning same painted thereon, whether such buses be owned by the county or a school district, shall have painted on both sides thereof the name of the county or school district owning same. Such words shall be painted on each such bus in letters at least five (5) inches in height and in a color which is in contrast with the color of the vehicle.
  2. Any contract entered into by a school district for the operation, rental or leasing of school buses with private or public entities under the authority provided in Section 37-41-3, or the purchase of school buses to be used by a school district under the authority provided in Sections 37-41-29 and 37-41-31, shall stipulate in the contractual agreement that the entity from whom the school bus is rented, leased or purchased, or which is providing the transportation service, shall cause to be placed on the bus, the required district-identifying signage required under subsection (1), before delivery of the school bus into possession of the school district.

HISTORY: Codes, 1942, § 6336-18; Laws, 1953, Ex Sess, ch. 15, § 17; Laws, 1954, ch. 264; Laws, 1988, ch. 466, § 6; Laws, 2013, ch. 497, § 76; Laws, 2014, ch. 486, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2013 amendment inserted “district” preceding “buses” three times; and inserted “school” following “name of the county or” in the first sentence.

The 2014 amendment added (2).

Cross References —

Color of used school buses used on public roads and highways, see §63-7-79.

§ 37-41-45. Police may stop publicly-owned school district bus to ascertain whether its use is authorized by law.

It shall be a misdemeanor for any person to use a publicly owned school district bus for any purpose other than one in connection with the school, and, upon conviction thereof, such person shall be fined not less than Fifty Dollars ($50.00). When any publicly owned school district bus is being operated on the public roads or highways at a time other than the usual and customary time for the transportation of children to and from the public schools, members of the Highway Safety Patrol, sheriffs, constables and other peace officers shall have the power and authority to stop such bus for the purpose of ascertaining whether the trip then being made is authorized by law. If it be found that such trip is unauthorized, such highway patrolman, sheriff, constable or other peace or police officer shall forthwith report the same to the school board owning such bus and to the State Department of Education.

HISTORY: Codes, 1942, § 6336-18; Laws, 1953, Ex Sess, ch. 15, § 17; Laws, 1954, ch. 264; Laws, 1982, ch. 354, § 16; Laws, 1986, ch. 492, § 145; Laws, 2013, ch. 497, § 77, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment twice inserted “district” preceding “bus” and made minor stylistic changes.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-41-47. Speed of school bus; penalty.

It shall be unlawful for a driver of any school bus, whether a public or a contract bus, to drive said bus at a speed greater than forty-five (45) miles per hour while transporting children to and from school on regular routes. However, any such driver, while operating a school bus on other authorized trips, shall not drive said school bus at a speed greater than fifty (50) miles per hour. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each such offense. In addition thereto, upon such conviction, such driver may be discharged from further employment as a school bus driver or carrier and his contract as such may be terminated.

HISTORY: Codes, 1942, § 6336-17; Laws, 1953, Ex Sess, ch. 15, § 16; Laws, 1982, ch. 354, § 17, eff from and after July 1, 1982.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-41-49. Violation of safety regulations of state board of education; penalty.

In case of any violation by a school district bus driver or carrier of the safety regulations established by the State Board of Education, such violation shall be deemed a misdemeanor and such offender may be punished as provided in Section 37-41-47.

HISTORY: Codes, 1942, § 6336-17; Laws, 1953, Ex Sess, ch. 15, § 16; Laws, 2013, ch. 497, § 78, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted “district” preceding “bus driver or carrier.”

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-41-51. Repealed.

Repealed by Laws, 1982, ch. 354, § 30, eff from and after July 1, 1982.

[Codes, 1942, § 6336-11; Laws, 1953, Ex Sess, ch. 15, § 10]

Editor’s Notes —

Former §37-41-51 required school buses to be equipped with heaters and fire extinguishers.

§ 37-41-53. Inspections and safety requirements for motor vehicles used for public school district transportation; condemnation of unsafe school district buses; penalties for operation of condemned bus.

  1. Each school board, person, firm or corporation transporting public school district children on the public roads, streets and highways of the state with motor vehicles shall have the motor vehicles inspected according to regulations promulgated by the State Department of Education. Each motor vehicle shall be inspected by a competent mechanic to be safe for transporting pupils on the roads, streets and highways of the state before it is released for such purpose. If the motor vehicle is found to be unsafe for transporting pupils, then it shall be properly repaired or adjusted as necessary before being used to transport pupils. The provisions of this subsection shall not apply to vehicles owned by individuals and under private contract to the school district and used exclusively for transporting members of their immediate families.
  2. The State Department of Education may inspect, at its discretion, any school bus used for transporting school district pupils to and from the public schools or for activity purposes to determine the safety of such motor vehicle for operation on the roads, streets and highways of this state. In the event a vehicle is inspected and is found to be unsafe for transporting pupils, a report shall be filed with the appropriate school district official indicating its deficiencies with recommendations for correcting such deficiencies.
  3. If it is determined that any school district buses are in such defective condition as to constitute an emergency safety hazard, those buses may be condemned and removed from service and shall not be returned to service until adequate repairs are completed and the buses are reinspected by the State Department of Education. Any school district official who approves the operation of any school bus that has been removed from service under the conditions listed above, prior to being reinspected by the State Department of Education, shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for a period not to exceed sixty (60) days, or a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment, in the discretion of the court.

HISTORY: Codes, 1942, § 6365; Laws, 1932, ch. 258; Laws, 1982, ch. 354, § 18; Laws, 1986, ch. 492, § 146; Laws, 1992, ch. 351, § 1; Laws, 2006, ch. 417, § 13; reenacted without change, Laws, 2009, ch. 345, § 28; Laws, 2013, ch. 497, § 79; Laws, 2015, ch. 417, § 4, eff from and after July 1, 2015.

Editor’s Notes —

Laws of 2006, ch. 417, § 15 provides:

“SECTION 15. This act shall take effect and be in force from and after July 1, 2006, and shall stand repealed on June 30, 2009.”

Amendment Notes —

The 2006 amendment designated the former undesignated paragraphs as present (1) through (3); in (1), deleted “and according to the regulations of the State Board of Education” from the end of the first sentence, and substituted “The provisions of this subsection” for “The provisions of this paragraph” in the last sentence; in (2), substituted “may inspect, at its discretion, any school bus” for “may, at its discretion, inspect any school bus”; and made a minor stylistic change.

The 2009 amendment reenacted the section without change.

The 2013 amendment inserted “district” in the first sentence of (1); in (2), inserted “school district” in the first sentence, and “district” in the second sentence; and in (3), inserted “school district” in the first sentence and “district” in the second sentence, and made minor punctuation changes.

The 2015 amendment substituted “regulations promulgated by the State Department of Education” for “the laws of the state” in the first sentence; and minor stylistic changes.

Cross References —

Motor vehicle’s brake equipment and performance generally, see §§63-7-51,63-7-53.

RESEARCH REFERENCES

Am. Jur.

7A Am. Jur. 2d, Automobiles and Highway Traffic §§ 183 et seq., 582, 742 et seq.

16A Am. Jur. Legal Forms 2d, Schools § 229:368 (transportation of students, inspection of vehicles).

§ 37-41-55. Duties of driver of school transportation vehicle used to transport pupils upon approaching railroad crossing or highway intersection.

  1. The driver of every school transportation vehicle used to transport pupils, on approaching any railroad crossing, shall bring the vehicle to a complete stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad. While stopped, the driver shall open the service door and driver’s window, and look and listen for:
    1. Approaching trains or any other vehicle operated upon the rails for the purpose of maintenance of railroads, including, but not limited to, all hi-rail vehicles and on-track maintenance machines; and
    2. Signals indicating the approach of a train or other vehicle or machine operated upon the rails.

      The driver shall not proceed until the driver has determined that it is safe to proceed.

  2. The driver of every school transportation vehicle used to transport pupils, on approaching any highway intersection, shall bring the vehicle to a complete stop and shall not proceed until the driver has determined that it is safe to proceed.
  3. Any driver who fails to bring his vehicle to a complete stop and follow the procedures as herein required is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense.

HISTORY: Codes, 1942, § 6339; Laws, 1938, ch. 236; Laws, 1982, ch. 354, § 19; Laws, 2003, ch. 559, § 1; Laws, 2011, ch. 327, § 2, eff from and after July 1, 2011.

Amendment Notes —

The 2003 amendment rewrote the section.

The 2011 amendment rewrote the section.

Cross References —

Duties of driver of motor vehicle carrying passengers for hire upon approaching railroad crossing, see §63-3-1011.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-41-57. Promulgation of regulations governing design and operation of school buses.

The State Board of Education shall adopt and enforce regulations not inconsistent with the traffic laws and regulations of this state to govern the design and operation of all school buses used for the transportation of school children when owned and operated by any school board or privately owned and operated under contract with any school board in this state. Such regulations shall by reference be made a part of any such contract with a school board. Every school board, its officers and employees, and every person employed under contract by a school board shall be subject to said regulations.

Any officer or employee of any school board who violates any of said regulations or fails to include the obligation to comply with said regulations in any contract executed by them on behalf of a school board shall be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under a contract with a school board who fails to comply with any of said regulations shall be guilty of breach of contract and such contract shall be cancelled after notice and hearing by the responsible officers of such school board.

HISTORY: Codes, 1942, § 8227; Laws, 1938, ch. 200; Laws, 1980, ch. 561, § 20; Laws, 1982, ch. 354, § 20; Laws, 1986, ch. 492, § 147; brought forward without change, Laws, 2013, ch. 497, § 80, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment was brought forward without change.

Cross References —

Power of state board of education to promulgate rules and regulations governing transportation of schoolchildren generally, see §37-41-1.

OPINIONS OF THE ATTORNEY GENERAL

The State Board of Education has promulgated regulations which prohibit advertising on school buses. Jennings, July 25, 2003, A.G. Op. 03-0271.

§ 37-41-59. Mounting camera on school bus retractable, hand-operated stop sign.

Every school district is authorized to mount a camera on any retractable, hand-operated stop sign that is a part of the equipment of a school bus.

HISTORY: Laws, 2011, ch. 481, § 6, eff from and after July 1, 2011.

Editor’s Notes —

Chapter 481, Laws of 2011, which enacted this section, is known as “Nathan’s Law.”

§ 37-41-61. Information campaign on school bus safety.

To the extent that state, federal or other funds are available or appropriated, the Department of Transportation and the Department of Education shall cooperate to conduct an information campaign to educate drivers concerning the provisions of this act and the importance of school bus safety.

HISTORY: Laws, 2011, ch. 481, § 7, eff from and after July 1, 2011.

Purchase of School Transportation Equipment and Employment of Drivers

§ 37-41-81. General grant of authority.

The local school boards of this state are hereby authorized and empowered to purchase, own and operate, under such rules and regulations as may be prescribed by the State Board of Education, motor vehicles and other equipment for the transportation of children to and from the public schools of the respective counties and school districts, and to provide for the servicing, repair, care and maintenance of such county or district-owned motor vehicles and to employ drivers for the operation thereof, and to establish, erect and equip school bus shops or garages, and purchase land therefor, all under such rules and regulations as may be prescribed by the State Board of Education.

HISTORY: Codes, 1942, § 6367-01; Laws, 1953, Ex Sess, ch. 18, § 1; Laws, 1982, ch. 354, § 21; Laws, 1986, ch. 492, § 148, eff from and after July 1, 1987.

Cross References —

State board of education promulgating rules and regulations to carry out provisions of §§37-41-81 through37-41-85,37-41-89 through37-41-101, see §37-41-103.

Provision that no county or school district may purchase school buses or school transportation vehicles except in manner prescribed in §37-41-101, see §37-41-85.

Provisions governing purchases of school buses or pupil transportation vehicles, see §37-41-101.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this section, see §37-61-33.

JUDICIAL DECISIONS

1. In general.

A school board’s purchase of 2 deluxe commercial “activity buses” without approval from the State Department of Education was unlawful since §§37-41-1, -81, -85, and -101 require state approval before purchasing vehicles for the transportation of pupils; however, personal liability for the illegal expenditures would not be imposed on board members since a school district is empowered with the authority to purchase transportation equipment, so that the school board’s object was lawful and there was merely a mistaken exercise in legal power in that state approval was not sought. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

§ 37-41-83. Power to expend funds.

The school boards are authorized and empowered to expend the necessary amounts from the available transportation funds of the school district for the purchase of such transportation equipment, the servicing, repair and maintenance thereof and for the payment of the salaries of persons employed to drive or operate such transportation equipment, and to establish, erect and equip school bus shops or garages, and purchase land therefor.

HISTORY: Codes, 1942, § 6367-02; Laws, 1953, Ex Sess, ch. 18, § 2; Laws, 1982, ch. 354, § 22; Laws, 1986, ch. 492, § 149, eff from and after July 1, 1987.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 135 et seq.

CJS.

78A C.J.S., Schools and School Districts § 732.

§ 37-41-85. Purchases to be in manner prescribed by regulations.

No school board shall purchase any school bus or pupil transportation service vehicle as authorized by Section 37-41-81 except in the manner prescribed in Section 37-41-101. No school bus shall be purchased or otherwise acquired which does not conform to the specifications provided by the State Board of Education.

HISTORY: Codes, 1942, § 6367-03; Laws, 1953, Ex Sess, ch. 18, § 3; Laws, 1981, ch. 482, § 3; Laws, 1982, ch. 354, § 23; Laws, 1986, ch. 492, § 150, eff from and after July 1, 1987.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 28.

CJS.

78 C.J.S., Schools and School Districts § 560.

JUDICIAL DECISIONS

1. In general.

A school board’s purchase of two deluxe commercial “activity buses” without approval from the State Department of Education was unlawful since §§37-41-1, -81, -85, and -101 require state approval before purchasing vehicles for the transportation of pupils; however, personal liability for the illegal expenditures would not be imposed on board members since a school district is empowered with the authority to purchase transportation equipment, so that the school board’s object was lawful and there was merely a mistaken exercise in legal power in that state approval was not sought. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

§ 37-41-87. Repealed.

Repealed by Laws 1981, ch. 482, § 4, eff from and after April 15, 1981.

[Codes, 1942, § 6367-04; Laws, 1953, Ex Sess, ch. 18, § 4]

Editor’s Notes —

Former §37-41-87 required contracts for purchase of transportation equipment and employment of drivers be approved by the state board of education.

§ 37-41-89. Authority to borrow money.

The school board of any school district may borrow money for the purchase of school transportation equipment or to establish, erect and equip school bus shops or garages, and purchase land therefor, and issue the negotiable notes or bonds of the school district as evidence of the indebtedness so incurred.

HISTORY: Codes, 1942, § 6367-05; Laws, 1953, Ex Sess, ch. 18, § 5; Laws, 1982, ch. 354, § 24; Laws, 1986, ch. 492, § 151; Laws, 2010, ch. 483, § 6, eff from and after July 1, 2010.

Amendment Notes —

The 2010 amendment deleted “with the approval of the State Board of Education” following “any school district.”

Cross References —

Power of school board to issue negotiable notes, see §37-41-91.

Maximum term and interest rate of notes or bonds issued under authority of this section, see §37-41-93.

Deposit and expenditure of proceeds of notes or bonds issued under authority of this section, see §37-41-97.

Payment of principal of and interest on notes or bonds issued under authority of this section, see §37-41-99.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under §§37-41-89 through37-41-99, see §37-61-33.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 136 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 699 et seq.

§ 37-41-91. Issuance of negotiable notes or bonds authorized.

Where the amount of the indebtedness to be incurred does not exceed the sum of Ten Thousand Dollars ($10,000.00), the school board may issue negotiable notes as evidence of the indebtedness so incurred. Said notes shall be issued without an election thereon and without giving notice of the intention to issue same. However, where the amount of the indebtedness to be incurred exceeds the sum of Ten Thousand Dollars ($10,000.00), then the school board may, at its option, either issue negotiable notes or may issue bonds as evidence of the indebtedness so incurred. Notes or bonds issued under the authority of Section 37-41-89 may be issued and the funds borrowed thereunder without the necessity of giving notice thereof except as specifically provided herein, and specifically without the necessity of complying with the requirements of Section 31-19-25.

HISTORY: Codes, 1942, § 6367-06; Laws, 1953, Ex Sess, ch. 18, § 6; Laws, 1986, ch. 492, § 152; Laws, 1988, ch. 466, § 7, eff from and after July 1, 1988.

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under §§37-41-89 through37-41-99, see §37-61-33.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 136 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 752, 753.

§ 37-41-93. Maturity; interest.

All notes or bonds issued under the authority of Section 37-41-89 shall mature in approximately equal annual installments over a period of not exceeding six (6) years from the date of the issuance of such notes or bonds. Such notes or bonds may bear interest at a rate not exceeding that allowed in Section 75-17-105, and such interest may be payable annually or semiannually.

In the event the funds borrowed under the authority of Section 37-41-89 are to be expended for the purchase of used transportation equipment, then all notes or bonds evidencing such loans shall be made to mature within two (2) years from the date of the issuance of such notes or bonds.

HISTORY: Codes, 1942, §§ 6367-07, 6367-11; Laws, 1953, Ex Sess, ch. 18, §§ 7, 11; Laws, 1968, ch. 404, § 1; Laws, 1982, ch. 354, § 25; Laws, 1985, ch. 477, § 5, eff from and after passage (approved April 8, 1985).

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under §§37-41-89 through37-41-99, see §37-61-33.

§ 37-41-95. Manner of issuance and form thereof.

All such notes issued by a school district shall be signed by the president of the school board and countersigned by the superintendent of schools, and the seal of the school district shall be impressed on each note as it is issued. The interest on said notes may be evidenced by proper coupons attached thereto and such coupons may bear only the facsimile signatures of the president of the school board and the superintendent of schools. Such notes shall be issued in such form and in such denominations as the school board shall determine. All of said notes shall be registered by the superintendent of schools in a book kept by him in his office for that purpose.

Where bonds are issued by the school board the manner of issuance and the form thereof shall be in compliance with the provisions of Sections 37-59-1 through 37-59-45.

HISTORY: Codes, 1942, § 6367-08; Laws, 1953, Ex Sess, ch. 18, § 8; Laws, 1982, ch. 354, § 26; Laws, 1986, ch. 492, § 153; Laws, 1987, ch. 307, § 21, eff from and after passage (approved March 3, 1987).

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under §§37-41-89 through37-41-99, see §37-61-33.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 784.

§ 37-41-97. Deposit and use of proceeds.

The proceeds of all notes or bonds issued under the authority of Section 37-41-89 shall be deposited in the proper county or municipal treasury to the credit of a special school transportation equipment fund and shall be used and expended by the school board for the purpose or purposes for which they were issued under such rules and regulations as may be prescribed by the State Board of Education, and for no other purposes.

All such funds shall be paid out on warrants issued by the clerk of the board of supervisors or the municipal clerk, as the case may be, on pay certificates issued by the superintendent of schools upon order of the school board.

HISTORY: Codes, 1942, § 6367-09; Laws, 1953, Ex Sess, ch. 18, § 9; Laws, 1982, ch. 354, § 27; Laws, 1986, ch. 492, § 154; Laws, 2004, ch. 357, § 12, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “superintendent of schools” in the second paragraph.

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under §§37-41-89 through37-41-99, see §37-61-33.

§ 37-41-99. Payment of principal and interest on notes and bonds.

The principal of and interest upon all notes or bonds issued under the authority of Section 37-41-89 shall be paid out of such transportation funds of the school district as may be available for such purpose. It shall be the duty of the school board to set aside each year out of such transportation funds a sufficient amount to pay the principal of and interest upon said notes or bonds as and when the same shall respectively mature and accrue. It shall be the duty of the superintendent of schools to include in the school budget each year separate items showing the amount required for the payment of the principal of and the interest upon all notes or bonds issued under the authority of said section.

HISTORY: Codes, 1942, § 6367-10; Laws, 1953, Ex Sess, ch. 18, § 10; Laws, 1982, ch. 354, § 28; Laws, 1986, ch. 492, § 155; Laws, 1987, ch. 307, § 22; Laws, 2004, ch. 357, § 13, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendent” following ‘superintendent of schools‘ in the last sentence.

Cross References —

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under §§37-41-89 through37-41-99, see §37-61-33.

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts § 787.

§ 37-41-101. Advertising and receiving bids by state board of education for school buses and bus bodies; purchase of buses and bodies by counties and school districts; purchase of other school transportation equipment; sale of unneeded school transportation equipment.

  1. The State Board of Education is hereby authorized, empowered and directed to advertise for and receive sealed bids and proposals for sale of school bus bodies and school buses sold as complete units to the school boards of school districts in this state. The State Board of Education shall approve persons, firms, corporations or associations authorized to sell school bus bodies and school buses sold as complete units, and shall establish prices relative thereto based upon the lowest and best bids, which school districts may not exceed in purchasing such equipment. In determining the lowest and best bids received for such equipment, there shall be included as part of the total cost thereof any transportation or freight charges which will be incurred. The State Board of Education may permit all such bidders to sell said equipment provided that the bidders agree to sell the equipment at prices established based upon the lowest and best bid and in compliance with rules and regulations relative thereto promulgated by the state board. Persons, firms, corporations or associations permitted to sell school bus bodies and school buses sold as complete units shall be limited to those actually submitting bids for consideration by the State Board of Education. The State Board of Education shall reserve the right to reject any and all bids submitted.
  2. School boards may purchase school bus bodies and school buses sold as complete units without additional advertisement for bids, provided that the prices for such equipment do not exceed the maximum allowable prices established under the provisions of subsection (1) of this section, and that said purchases are in compliance with the conditions specified therein. All such purchases shall be subject to the approval of the State Department of Education, which shall verify compliance with the applicable specifications, rules and regulations promulgated by the State Board of Education.
  3. In addition to the method of purchasing authorized under this section, school boards are hereby authorized to advertise for and accept the lowest and best bid received for the purchase of school bus chassis and/or pupil transportation service vehicles. Provided, however, that local school governing boards may purchase school bus chassis and/or pupil transportation service vehicles from any motor vehicle dealer domiciled within the county of such governing board, whose bid does not exceed a sum equal to three percent (3%) greater than the price or cost which the dealer pays the manufacturer, as evidenced by the factory invoice for such vehicles. In the event said county does not have an authorized motor vehicle dealer, said board may, in like manner, receive and accept bids from motor vehicle dealers in any adjoining county. No purchase of school bus chassis or service vehicles under the provisions of this subsection shall be valid unless the purchase is made according to statutory bidding and licensing requirements. All purchases under provisions of this subsection shall be subject to the approval of the State Department of Education, which shall verify compliance with the applicable specifications, rules and regulations promulgated by the State Board of Education.
  4. Upon application to and approval by the State Department of Education, school governing boards are hereby authorized to purchase used school buses and used pupil transportation service vehicles, provided that said vehicles meet applicable specifications and the purchase price does not exceed their fair market value. Said fair market value shall be determined by an appraisal by three (3) experienced and impartial citizens, the selection of whom shall be mutually agreed upon by the parties thereto. Said appraisers may be subject to approval by the State Department of Education. Maximum regard for pupil safety and adequate protection of health shall be primary requirements which shall be observed by local school governing boards in purchasing used school buses. The State Department of Education may inspect or have inspected any used school bus prior to purchase to determine whether said bus meets requirements of law and regulations of the state board.
  5. In the event the school board shall have determined that school buses or pupil transportation service vehicles are no longer needed for the transportation of pupils in such school district, such equipment may be sold to another school district without the necessity of advertising for bids. The school district proposing to sell the buses or service vehicles and the school district proposing to purchase such equipment shall agree upon a fair and reasonable price therefor. The agreement shall be spread upon the minutes of the boards of the respective school districts and shall be subject to the prior approval of the State Department of Education, which shall verify compliance with applicable specifications, rules and regulations of the State Board of Education.

HISTORY: Codes, 1942, § 6367-12; Laws, 1953, Ex Sess, ch. 18, § 12; Laws, 1970, ch. 340; Laws, 1981, ch. 482, § 1; Laws, 1986, ch. 492, § 156, eff from and after July 1, 1987.

Cross References —

Acquisition of buses from holders of private transportation contracts, see §37-41-29.

General grant of authority to counties and school districts to purchase, own and operate school transportation equipment, see §37-41-81.

Provision that no county or school district may purchase school buses or pupil transportation vehicles except in manner prescribed in this section, see §37-41-85.

OPINIONS OF THE ATTORNEY GENERAL

School buses may not be purchased through a lease purchase agreement. Carnathan, May 29, 1992, A.G. Op. #92-0340.

JUDICIAL DECISIONS

1. In general.

A school board’s purchase of 2 deluxe commercial “activity buses” without approval from the State Department of Education was unlawful since §§37-41-1, -81, -85, and -101 require state approval before purchasing vehicles for the transportation of pupils; however, personal liability for the illegal expenditures would not be imposed on board members since a school district is empowered with the authority to purchase transportation equipment, so that the school board’s object was lawful and there was merely a mistaken exercise in legal power in that state approval was not sought. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

The legislative intent of §37-41-101, authorizing the State Board of Education to enter into contracts for the sale of school transportation equipment, mandates that the school district or county board use its own money to purchase under a contract entered into by the state board. Thus, in a proceeding by a seller of school bus bodies for a mandatory injunction to compel the board to comply with the statute, the chancery court erred in granting the injunction based on the court’s opinion that, since the board does not purchase any school buses, it could not enter into any contract for the purchase of such vehicles. State Board of Education v. Bus Supply Co., 386 So. 2d 383, 1980 Miss. LEXIS 2048 (Miss. 1980).

§ 37-41-103. Promulgation of rules and regulations by state board of education.

For the further purpose of carrying out the provisions of Sections 37-41-81 through 37-41-101, the state board of education is further authorized and empowered to adopt and promulgate reasonable rules and regulations not inconsistent with the law for such purpose. Said state board of education shall have, in addition, all power and authority conferred upon it by the provisions of Sections 37-41-1 through 37-41-53 or any other statute.

HISTORY: Codes, 1942, § 6367-12; Laws, 1953, Ex Sess, ch. 18, § 12; Laws, 1982, ch. 354, § 29, eff from and after July 1, 1982.

Cross References —

Power of state board of education to promulgate rules and regulations governing transportation of schoolchildren generally, see §37-41-1.

Power of state board of education to promulgate regulations governing design and operation of school buses generally, see §37-41-57.

Safety Council [Repealed]

§§ 37-41-121 through 37-41-133. Repealed.

Repealed by laws, 1982, ch. 354, § 30, eff from and after July 1, 1982.

§37-41-121. [Codes, 1942, §§ 6357; Laws, 1936, ch. 262; Laws, 1958, ch. 316]

§§37-41-123 through37-41-133. [Codes, 1942, §§ 6358, 6359, 6361-6364; Laws, 1936, ch. 262]

Editor’s Notes —

Former §37-41-121 provided for appointment of safety council.

Former §37-41-123 provided for instruction of members of council by superintendent of school.

Former §37-41-125 required assignment of members of council to school buses.

Former §37-41-127 provided for reports of violations by bus drivers by individual council member to superintendent of his school; also reports to trustees and county superintendents.

Former §37-41-129 provided for discharge of bus driver for violations after notice hearing.

Former §37-41-131 provided for discharge of bus drivers by school principals or teachers in charge in schools not having superintendents.

Former §37-41-133 provided that §§37-41-121 to37-41-131 were cumulative in effect and not in substitution for other laws respecting safety of school children riding in buses.

Chapter 43. Textbooks

§ 37-43-1. Purpose of chapter; distribution of textbooks to schools and pupils; definition of “board” and “textbook.”

  1. This chapter is intended to furnish a plan for the adoption, purchase, distribution, care and use of free textbooks to be loaned to the pupils in all elementary and high schools, other than charter schools, of Mississippi.
  2. The books herein provided by the State Board of Education, which shall be the State Textbook Procurement Commission, shall be distributed and loaned free of cost to the children of the free public school districts of the state and of all other schools located in the state, which maintain educational standards equivalent to the standards established by the State Department of Education for the state schools as outlined in the Approval Requirements of the State Board of Education for Nonpublic Schools.
  3. Teachers shall permit all pupils in all grades of any public school in any school district to carry to their homes for home study, the free textbooks loaned to them, and any other regular textbooks whether they be free textbooks or not.
  4. For the purposes of this chapter, the term “board” shall mean the State Board of Education.
  5. “Textbook” shall be defined as any medium or manual of instruction which contains a systematic presentation of the principles of a subject and which constitutes a major instructional vehicle for that subject.
  6. In addition to the authority granted in this chapter, local school boards shall make available to the parents or legal guardians of any children of school age who reside in the school district administered by the school board, upon request, any textbooks on the state surplus inventory list. The parent or legal guardian is responsible for the return of the textbook(s) to the local school district upon completion of the textbook(s) use. Failure to return the textbook(s) to the school district will result in the parents or legal guardians being responsible for compensating the school district for the fair market value of the textbook(s).

HISTORY: Codes, 1942, §§ 6656, 6658; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1944, ch. 149, § 1; Laws, 1981, ch. 507, § 2; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 1; Laws, 1984, ch. 404, § 1; Laws, 1985, ch. 395, § 1; Laws, 1986, ch. 349, § 1; reenacted and amended, Laws, 1987, ch. 481, § 2; Laws, 1994, ch. 405, § 1; Laws, 2006, ch. 555, § 1; Laws, 2008, ch. 414, § 1; Laws, 2011, ch. 348, § 3; Laws, 2013, ch. 497, § 81, eff from and after July 1, 2013.

Amendment Notes —

The 2006 amendment added (6) and designated the formerly undesignated paragraphs as present (1) through (5).

The 2008 amendment extended the date of the repealer for (6) by substituting “July 1, 2011” for “July 1, 2008.”

The 2011 amendment deleted the former last sentence of (6) which read: “This subsection shall stand repealed on July 1, 2011.”

The 2013 amendment inserted “other than charter schools” in (1); substituted “school districts” for “schools” in (2); and inserted “in any school district” in (3).

Cross References —

Assumption of authority and duties of State Textbook Procurement Commission by State Board of Education, see §37-43-2.

Appropriation of monies deposited into the Education Enhancement Fund to be used for purchase of textbooks to be loaned under this chapter, see §§37-61-33.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 353 et seq.

CJS.

78A C.J.S., Schools and School Districts § 1080.

Law Reviews.

1979 Mississippi Supreme Court Review: Miscellaneous. 50 Miss. L. J. 833, December 1979.

JUDICIAL DECISIONS

1. In general.

2. Taxpayers’ suits.

1. In general.

In reviewing decisions of state textbook purchasing board that private schools are eligible to receive state-owned textbooks, as to those private academies which were established during the wave of massive desegregation orders of federal courts, a prima facie case of racial discrimination arises from proof (a) that the school’s existence began close upon the heels of the massive desegregation of public schools within its locale, and (b) that no blacks are or have been in attendance as students and none is or has ever been employed as teacher or administrator at the private school; once plaintiffs have established a prima facie case of racially discriminatory admission policies as to a particular academy, the burden shifts to the school’s officials or representatives to rebut an inference of racial disparity. Norwood v. Harrison, 382 F. Supp. 921, 1974 U.S. Dist. LEXIS 7637 (N.D. Miss. 1974).

Free textbooks, like tuition grants directed to students in private schools, are a form of tangible financial assistance benefiting the schools themselves, and the state’s constitutional obligation requires it to avoid not only operating the old dual system of racially segregated schools but also providing tangible aid to schools that practice racial or other invidious discrimination. Norwood v. Harrison, 413 U.S. 455, 93 S. Ct. 2804, 37 L. Ed. 2d 723, 1973 U.S. LEXIS 28 (U.S. 1973).

The constitutional infirmity of the Mississippi textbook program is that it significantly aids the organization and continuation of a separate system of private schools which may discriminate if they so desire. Norwood v. Harrison, 413 U.S. 455, 93 S. Ct. 2804, 37 L. Ed. 2d 723, 1973 U.S. LEXIS 28 (U.S. 1973).

Provision for a state textbook fund and for distribution and lending of free textbooks to the pupils of elementary schools, whether public or private, non-sectarian or sectarian, was not in contravention of the constitutional prohibition against control by any religious or other sect over any part of the school or other educational funds of the state, or the appropriation of any funds toward the support of any sectarian school or any school not conducted as a free school, in view of the facts that the benefits hereunder were directed to the pupils themselves and not to schools as such, in keeping with the state’s paramount duty to educate the children thereof, and the fact that the use of the textbook fund constituted no charge against any public school fund, properly so called, not against any trust funds available for particular schools or educational purposes. Chance v. Mississippi State Textbook Rating & Purchasing Board, 190 Miss. 453, 200 So. 706, 1941 Miss. LEXIS 66 (Miss. 1941).

The privilege of requisition by qualified private or sectarian schools for the loan of such books to its pupils does not place in such schools the “control [of] any part of the school or other educational funds” of the state. Chance v. Mississippi State Textbook Rating & Purchasing Board, 190 Miss. 453, 200 So. 706, 1941 Miss. LEXIS 66 (Miss. 1941).

The loaning of free textbooks under a statute so providing irrespective of whether the school was public or private, under circumstances wherein the state retained full control and ownership over such books and their preservation was fostered by the exaction of suitable compensation for their loss or damage, did not constitute a direct or indirect aid to the respective schools which the pupils attended, although school attendance should be compulsory. Chance v. Mississippi State Textbook Rating & Purchasing Board, 190 Miss. 453, 200 So. 706, 1941 Miss. LEXIS 66 (Miss. 1941).

The appropriation of funds for the purchase of free textbooks to be distributed and loaned to pupils in elementary schools, including qualified private schools, did not constitute a pledging or loaning of the credit of the state in aid of any person, association, or corporation in contravention of the constitutional prohibition in that respect, in view of the fact that the books belonged to and were controlled by the state, that they were merely loaned to the individual pupils therein designated, that their preservation was fostered by exaction of suitable compensation for their loss or damage, and that the duty of protection through fumigation against contagion by use was assumed by the state. Chance v. Mississippi State Textbook Rating & Purchasing Board, 190 Miss. 453, 200 So. 706, 1941 Miss. LEXIS 66 (Miss. 1941).

2. Taxpayers’ suits.

In an action against a state textbook rating and purchasing board to enjoin the members thereof from distributing or loaning free textbooks to pupils of private and sectarian elementary schools, the complainants, describing themselves as adult resident citizens of Forrest County, Mississippi, property owners and tax payers of the state for themselves and all other citizens, property owners and taxpayers of the state similarly situated and of the same class and kind who might desire to, and who were thereby requested, to join in the action, and alleging that the complaint had applied to the attorney general to bring the suit, that he was the only public official authorized to do so, and that such official had not only refused to do so but on the contrary had appeared in the suit as a representative and counsel for one of the defendants, met the requirements of a taxpayers’ suit. Chance v. Mississippi State Textbook Rating & Purchasing Board, 190 Miss. 453, 200 So. 706, 1941 Miss. LEXIS 66 (Miss. 1941).

§ 37-43-2. Transfer of functions, powers, duties, etc., of State Textbook Procurement Commission to State Board of Education.

  1. On July 1, 1987, the State Board of Education shall assume all power, authority, duties and functions of the State Textbook Procurement Commission. All records, personnel, property and unexpended balances of appropriations, allocations or other funds of the State Textbook Procurement Commission shall be transferred to the State Board of Education on July 1, 1987. All such employee transfers shall be in accordance with the rules and regulations of the State Personnel Board. It is the intent of the Legislature that the number of persons employed by the state as a result of the consolidation required by this section shall be reduced where possible, but that such reduction shall result from attrition of employees and not dismissal.
  2. Each officer or agency subject to the provisions of this section is hereby authorized and empowered to promulgate such rules and regulations not conflicting with this section necessary to accomplish an orderly transition. Each officer or agency subject to this section shall assist, with the fullest degree of reasonable cooperation, any other officer or agency in carrying out the intent and purpose of this section.
  3. All members serving on the Mississippi State Textbook Procurement Commission as it existed under the provisions of Section 37-43-3 prior to June 30, 1987, shall continue to serve in an advisory capacity to the State Board of Education until December 31, 1987. This advisory board shall be known as the “Mississippi State Textbook Advisory Board,” and shall assist the State Board of Education in assuming its duties under the provisions of this section and shall provide technical assistance as may be requested. The State Department of Education, from any funds appropriated thereto, shall, upon the request of the State Board of Education, timely pay all sums reasonably required for the operation of the Mississippi State Textbook Advisory Board, including per diem and actual expenses of such board, through December 31, 1987.

HISTORY: Laws, 1987, ch. 481, § 1, eff from and after June 30, 1987.

Editor’s Notes —

Section 37-43-3 referred to in (3) was repealed by Laws, 1987, ch. 481, § 24, eff from and after June 30, 1987.

Cross References —

Statewide personnel system and State Personnel Board, see §§25-9-101 et seq.

Membership, authority, and duties of State Board of Education, see §§37-1-1 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 353.

§§ 37-43-3 through 37-43-15. Repealed.

Repealed by Laws, 1987, ch. 481, §§ 5, 24, eff from and after June 30, 1987.

§37-43-3. [Codes, 1942, § 6634; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 1; Laws, 1981, ch. 507, § 3; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 2; Laws, 1984, ch. 404, § 2; Laws, 1985, ch. 395, § 2; Laws, 1986, ch. 349, § 2]

§37-43-5. [Codes, 1942, § 6634; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 1; Laws, 1981, ch. 507, § 4; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 3; Laws, 1984, ch. 404, § 3; Laws, 1985, ch. 395, § 3; Laws, 1986, ch. 349, § 3]

§37-43-7. [Codes, 1942, § 6635; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 5; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 4; Laws, 1984, ch. 404, § 4; Laws, 1985, ch. 395, § 4; Laws, 1986, ch. 349, § 4]

§37-43-9. [Codes, 1942, § 6639; Laws, 1940, ch. 202; Laws, 1948, ch. 304, § 1; Laws, 1950, ch. 373; Laws, 1981, ch. 507, § 6; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 5; Laws, 1984, ch. 404, § 5; Laws, 1985, ch. 395, § 5; Laws, 1986, ch. 349, § 5]

§37-43-11. [Codes, 1942, §§ 6634, 6640; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 1; Laws, 1981, ch. 507, § 7; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 6; Laws, 1984, ch. 404, § 6; Laws, 1985, ch. 395, § 6; Laws, 1986, ch. 349, § 6]

§37-43-13. [Codes, 1942, § 6636; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 8; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 7; Laws, 1984, ch. 404, § 7; Laws, 1985, ch. 395, § 7; Laws, 1986, ch. 349, § 7]

§37-43-15. [Codes, 1942, § 6637; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 9; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 8; Laws, 1984, ch. 404, § 8; Laws, 1985, ch. 395, § 8; Laws, 1986, ch. 349, § 8]

Editor’s Notes —

Former §37-43-3 related to the Mississippi State Textbook Procurement Commission.

Former §37-43-5 related to election of executive secretary of Mississippi State Textbook Procurement Commission.

Former §37-43-7 related to oath of office required of members and executive secretary of Mississippi State Textbook Procurement Commission.

Former §37-43-9 related to compensation and expenses of members and executive secretary of Mississippi State Textbook Procurement Commission.

Former §37-43-11 related to meetings and quorum of Mississippi State Textbook Procurement Commission.

Former §37-43-13 stated certain interests that would bar appointment to Mississippi State Textbook Procurement Commission.

Former §37-43-15 made unlawful offers of employment by those in publishing field to members and employees of Mississippi State Textbook Procurement Commission.

§ 37-43-17. Persons disqualified from participation in rating and adoption of textbooks.

If any person related within the third degree by blood or marriage, as computed by civil law, to any member of the board, or if any person that is associated in any business or partnership with any member of said board, shall be employed in good faith by any school book company, firm, corporation or agent in connection with the adoption of textbooks within this state, the said member of the board so related by blood or marriage, or so associated in business or partnership with such person, shall not vote in the rating and adoption of any school book or books offered by such school book company, firm, corporation or agent for adoption.

HISTORY: Codes, 1942, § 6638; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 10; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 9; Laws, 1984, ch. 404, § 9; Laws, 1985, ch. 395, § 9; Laws, 1986, ch. 349, § 9; reenacted and amended, Laws, 1987, ch. 481, § 3, eff from and after June 30, 1987.

Cross References —

Applicability of provisions of this section to members of textbook rating committees, see §37-43-21.

§ 37-43-19. General powers and duties of board.

The board shall have the power and is hereby authorized:

To promulgate rules and regulations for the purchase, care, use, disposal, distribution and accounting for all books to be furnished under the terms of this chapter, and to promulgate such other rules and regulations as may be necessary for the proper administration of this chapter.

To adopt, contract for, and make available for purchase, cash or credit, basal, supplementary or alternative textbooks through twelve (12) grades as provided in the school curriculum, or for any other course that it may add thereto.

To determine the period of contract for rated and adopted textbooks which shall not be for less than four (4) years nor more than five (5) years, with the right of the board, in its discretion, to renew or extend such contract from year to year for a period not exceeding two (2) additional years and to determine the conditions of the approval or forfeiture of a contract and such other terms and conditions as may be necessary and not contrary to law.

To have complete power and authority over additions and amendments to textbooks, advertising for bids and the contents thereof, including auxiliary materials and workbooks, advertising on the protective covers of textbooks, bids and proposals, prices of textbooks, specimen copies, cash deposits, selection and adoption, distribution, fumigation, emergencies, selling to others, return of deposits, forfeiture of deposits, regulations governing deposits, renovation and repair of books, requisition, transportation or shipment of books, and any other acts or regulations, not contrary to law, that may be deemed necessary for furnishing and loaning free textbooks to the school children, as provided in this chapter.

HISTORY: Codes, 1942, § 6641; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 2; Laws, 1960, ch. 310; Laws, 1981, ch. 507, § 11; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 10; Laws, 1984, ch. 404, § 10; Laws, 1985, ch. 395, § 10; Laws, 1986, ch. 349, § 10; reenacted and amended, Laws, 1987, ch. 481, § 4; Laws, 1994, ch. 405, § 2, eff from and after July 1, 1994.

Cross References —

Assumption of authority and duties of State Textbook Procurement Commission by State Board of Education, see §37-43-2.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 353 et seq.

CJS.

78A C.J.S., Schools and School Districts § 1080.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

In enacting statute requiring governor to approve schoolbook contractors’ bonds, legislature was presumed to have known of supreme court’s decisions that a person appointed or elected to an office is not entitled thereto if the public officer required to approve the official bond refuses to approve it. American Book Co. v. Vandiver, 181 Miss. 518, 178 So. 598, 1938 Miss. LEXIS 93 (Miss. 1938).

Court could not inquire into governor’s reasons for withholding approval of contractors’ bonds. American Book Co. v. Vandiver, 181 Miss. 518, 178 So. 598, 1938 Miss. LEXIS 93 (Miss. 1938).

Without approval of bond by governor and attorney-general, contractor had no completed contract, and no right to mandamus to compel superintendent of education to send out notice of adoption of books. American Book Co. v. Vandiver, 181 Miss. 518, 178 So. 598, 1938 Miss. LEXIS 93 (Miss. 1938).

§ 37-43-21. Textbook rating committees; disposition of sample textbooks; use of textbook allotment for repair of textbooks; prices for new textbook purchases.

  1. For the purpose of assisting the board during an adoption, there shall be rating committees in each of the fields in which textbooks are considered for adoption. Each committee shall be composed of seven (7) members. The State Superintendent of Public Education shall appoint four (4) members of each of the committees, each of whom shall be a competent, experienced teacher who is currently teaching in the field in which the textbooks are considered for adoption. The Governor of the State of Mississippi thereupon shall appoint three (3) members of each of said committees, who shall be persons he deems competent to participate in the appraisal of books offered for adoption, in each field, for use in the public schools of this state.
  2. It shall be the duty of said rating committees to appraise the books offered for adoption in each field in which textbooks are offered for adoption and recommend eight (8) books and/or series for each adoption to be made by the board and giving the reasons for or basis of such recommendations. No book shall be recommended which does not receive a majority vote of the members of each committee. Any member dissenting from any majority vote of the committee shall make his appraisal of any book recommended or rejected by the majority of the committee and specify the reasons therefor and make such recommendations as he thinks proper. All appraisals, recommendations, and dissents if any, shall be in writing and filed with the board for its consideration upon the adoption. The travel expenses of such committees shall be reimbursed in the amount as provided in Section 25-3-41 and shall be paid out of the State Textbook Fund. Such rating committees shall be subject to the provisions of Section 37-43-17. The board shall have the power to reject any and all recommendations of the rating committees and to call for further recommendations; in no case shall the board adopt any book not recommended by the rating committees.
  3. Any and all sample textbooks that may be furnished by the publisher thereof as provided by Section 37-43-59 to any member of the board, the Superintendent of Public Education, and any member of a rating committee shall within one (1) year after receipt of same by said member be turned in to the State School Book Depository without cost to the State of Mississippi, and the same shall thereafter be used without any cost to the State of Mississippi in supplying free textbooks to the educable children of the State of Mississippi as now provided by law or shall be sold to the highest bidder by the board with the proceeds immediately deposited in the State Treasury to the credit of the State Textbook Fund.
  4. No state official, state employee, school board member, school superintendent, principal, teacher or any other individual shall sell or donate sample textbooks furnished them by the State School Book Depository as part of the textbook adoption or selection process. Said individuals and public officials shall not receive payment by the state depository, any publisher or any other company for sample textbooks.
  5. School districts may annually utilize any portion of the textbook allotment for the repair of textbooks; provided, however, that school districts are authorized and encouraged to utilize the Mississippi Department of Corrections bookbinder for the repair of textbooks.
  6. Prices for new textbook purchases shall not be higher than the lowest price at which books are sold anywhere in the United States, after all discounts are allowed.

HISTORY: Codes, 1942, § 6641; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 2; Laws, 1960, ch. 310; Laws, 1981, ch. 507, § 12; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 11; Laws, 1984, ch. 404, § 11; Laws, 1985, ch. 395, § 11; Laws, 1986, ch. 349, § 11; reenacted and amended, Laws, 1987, ch. 481, § 5; Laws, 1989, ch. 585, § 2; Laws, 1991, ch. 568, § 1; Laws, 1994, ch. 405, § 3; Laws, 1996, ch. 534, § 4, eff from and after July 1, 1996.

Cross References —

State curriculum committee, see §37-13-9.

Adoption of petition procedure books or series of books, see §37-43-31.

State Textbook Fund, see §37-43-41.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 353.

JUDICIAL DECISIONS

1. In general.

Textbook approval committee’s rejection of Mississippi: Conflict and Change, while not constituting censorship per se, was certainly an impermissible rejection precluding the purchase of such textbook with state funds and evidenced a racially discriminatory purpose on the part of the defendants and accordingly, violated the civil rights statutes, where reasons given by some committee members for rejecting the textbook indicated that race was a motivating factor; those members who did not indicate that race influenced them in their decision also did not indicate any other reason for their rejection, which was a violation of the committee’s statutory duty to state the reasons for its recommendation; and the legislative history and background of the textbook statutes also demonstrated racially discriminatory policies as a motivating factor. Loewen v. Turnipseed, 488 F. Supp. 1138, 1980 U.S. Dist. LEXIS 10706 (N.D. Miss. 1980).

§ 37-43-23. Procedure for purchase of textbooks from publishers; distribution of books.

The State Board of Education is hereby authorized, empowered and directed to advertise for and receive sealed bids for textbooks. Bidders shall quote their lowest net wholesale prices, f.o.b. Central Depository, Jackson, Mississippi; however, the board may, in its discretion, establish a state depository or depositories or inaugurate any other plan for the distribution of books. Such prices shall not be higher than the lowest price at which books are sold anywhere in the United States, after all discounts are allowed. It is the intent of the Legislature that the price paid for a textbook shall not exceed the lowest price at which the same book, both having the same copyright date, is sold anywhere in the United States after all discounts are allowed. Every contract entered into under the provisions of this section by the board and any publisher or publishing company shall contain a provision that the publisher covenants and agrees that he is not furnishing under contract executed after the first day of January of the year in which the contract becomes effective, to any state, county or school district in the United States, the textbooks embraced in the contract at a price below the price stipulated therein. At any time that the board may find that any book or books, in either regular or special editions, are being furnished in any other state at a lower price under contract than it is being furnished in Mississippi, the contract shall be forfeited to the state. Any contractor who violates this provision shall return all money paid out for such book or books and also forfeit such book or books to the state, and suit may be brought on the bond of the contractor for all losses sustained.

Successful bidders or contractors shall be required to maintain a depository at a place within the State of Mississippi, to be named by the board, where a stock of books sufficient to meet all reasonable and immediate demands shall be kept. Upon requisition of the board, the depository shall ship books, transportation charges paid, to the various shipping points in Mississippi to be specified by the board. For such service the depository shall make no charge to the board except the actual cost of transportation from the depository to the shipping point designated. The cost of distribution shall not exceed eight percent (8%) of the total appropriation for any fiscal year.

All books furnished the State of Mississippi by contractors under this chapter shall continue to measure up to the same standards as are required in the contract, said standards to include printing, binding, cover boards, mechanical makeup, and any other relevant points as set out in the plans and specifications as fixed by the board. Any contractor of any book or books, who fails to keep said books up to said standards, shall forfeit, not only his contract to the state, but shall return all money paid out for such book or books and also forfeit said books to the state.

HISTORY: Codes, 1942, §§ 6641, 6642; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1946, ch. 444, § 2; Laws, 1960, ch. 310; Laws, 1981, ch. 507, § 13; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 12; Laws, 1984, ch. 404, § 12; Laws, 1985, ch. 395, § 12; Laws, 1986, ch. 349, § 12; reenacted and amended, Laws, 1987, ch. 481, § 6; Laws, 1988, ch. 466, § 8; Laws, 1996, ch. 534, § 5, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 1987, ch. 481, § 25, amended Section 24, Chapter 349, Laws of 1986, by deleting the date for repeal of this section.

Cross References —

Textbooks purchased for developmental, advanced placement and distance learning courses exempt from bid and depository requirements of this section, see §37-43-21.

Selection of books by local districts, see §37-43-31.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 353.

CJS.

78A C.J.S., Schools and School Districts § 1081.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

In enacting statute requiring governor to approve schoolbook contractors’ bonds, legislature was presumed to have known of supreme court’s decisions that a person appointed or elected to an office is not entitled thereto if the public officer required to approve the official bond refuses to approve it. American Book Co. v. Vandiver, 181 Miss. 518, 178 So. 598, 1938 Miss. LEXIS 93 (Miss. 1938).

Court could not inquire into governor’s reasons for withholding approval of contractors’ bonds. American Book Co. v. Vandiver, 181 Miss. 518, 178 So. 598, 1938 Miss. LEXIS 93 (Miss. 1938).

Without approval of bond by governor and attorney-general, contractor had no completed contract, and no right to mandamus to compel superintendent of education to send out notice of adoption of books. American Book Co. v. Vandiver, 181 Miss. 518, 178 So. 598, 1938 Miss. LEXIS 93 (Miss. 1938).

§ 37-43-24. Timely acquisition of Braille and large print textbooks.

  1. This section shall be referred to and may be cited as the “Timely Acquisition of Braille and Large Print Textbooks Act of 2002.”
  2. The State Department of Education is hereby authorized and directed to place textbook procurement orders for visually impaired and hearing impaired students in the schools of this state prior to the beginning of the fiscal year for which the expenditure for such order has been authorized by the Legislature. After June 1 of any year, the State Department of Education may order additional books, as needed. In addition, the State Department of Education is authorized and directed to place textbook, equipment and school supply procurement orders for students attending the state supported schools administered by the State Board of Education prior to the beginning of the fiscal year for which the expenditure for such order has been authorized by the Legislature, and may order additional books, equipment and supplies at a later date, as needed. The department shall insure that the appropriate procedures for textbook procurement are followed according to state law and board policy as described in the Textbook Administration Handbook.

HISTORY: Laws, 2002, ch. 545, § 1; Laws, 2003, ch. 546, § 8, eff from and after passage (approved Apr. 22, 2003.).

Amendment Notes —

The 2003 amendment, in (2), inserted “of Education ” following “State Department, ” and inserted the next-to-last sentence.

§ 37-43-25. Retention of specimen copies of textbooks, contracts and bonds, and copies of bids.

Specimen copies of all textbooks, which have been made the basis of contracts under the provisions of this chapter, clearly marked and identified as such, shall be deposited by the publisher of said books with the State Superintendent of Public Education. Said specimen copies shall be preserved and kept open for inspection by the public.

A copy of all contracts and bonds executed under the provisions of this chapter shall be provided to the following, one (1) copy for the contractor, one (1) copy to be filed in the Office of the Secretary of State, and one (1) copy to be filed in the office of the State Superintendent of Public Education.

An original of each bid, whether accepted or rejected, shall be filed and preserved in the office of the State Superintendent of Public Education for at least five (5) years.

HISTORY: Codes, 1942, § 6642; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 14; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 13; Laws, 1984, ch. 404, § 13; Laws, 1985, ch. 395, § 13; Laws, 1986, ch. 349, § 13; reenacted and amended, Laws, 1987, ch. 481, § 7; Laws, 2011, ch. 405, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment, in the second paragraph, added “A copy of” to the beginning, and substituted “provided to the following” for “executed in triplicate” following “provisions of this chapter shall be.”

§ 37-43-27. No books to be purchased from trusts.

No book or books shall be purchased from any person, firm or corporation who is a member of, or connected with, any trust. In the event that it is established that this provision has been violated, the contract shall be forfeited and monies paid out under this contract shall be returned to the state, and all books heretofore purchased under said contract shall be kept by the state or the public school district which purchased the textbooks.

HISTORY: Codes, 1942, § 6644; Laws, 1940, ch. 202; reenacted without change, Laws, 1987, ch. 481, § 8; Laws, 1994, ch. 405, § 4, eff from and after July 1, 1994.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

The anti-trust law of 1900 has no application to the state or its public agencies in letting a contract for copyrighted schoolbooks in the manner provided by law and as the result of competitive bidding by the terms of which new books are for a time to be exchanged without cost, book for book, in the place of old books then in use, after which the prices agreed on are to be paid for all books furnished during the continuance of the contract. B. F. Johnson Pub. Co. v. Mills, 79 Miss. 543, 31 So. 101, 1901 Miss. LEXIS 85 (Miss. 1901).

A public contract for an article below cost is not “inimical to the public welfare” within Const. 1890 § 198. B. F. Johnson Pub. Co. v. Mills, 79 Miss. 543, 31 So. 101, 1901 Miss. LEXIS 85 (Miss. 1901).

§ 37-43-29. Designation of Secretary of State as contractor’s agent.

Any person, firm or corporation with whom a contract has been entered into, under the provisions of this chapter, shall designate the Secretary of State of Mississippi as its agent, upon whom citation and all other writs and processes may be served, in case any suit shall be brought against such person, firm or corporation.

HISTORY: Codes, 1942, § 6647; Laws, 1940, ch. 202; reenacted without change, Laws, 1987, ch. 481, § 9, eff from and after June 30, 1987.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

Schoolbook contractor held not required to award agency contract to any applicant giving contract and bond, but had right to select its own agents. Pieri v. Sevier, 164 Miss. 572, 145 So. 97, 1933 Miss. LEXIS 222 (Miss. 1933).

Plaintiff held required to procure agency contract before he could secure rights enforceable under statute requiring schoolbook contractor not to give one applicant for selling agency advantage over another. Pieri v. Sevier, 164 Miss. 572, 145 So. 97, 1933 Miss. LEXIS 222 (Miss. 1933).

§ 37-43-31. Selection of books by local school districts.

  1. The State Board of Education shall adopt and furnish textbooks only for use in those courses set up in the state course of study as recommended by the State Accreditation Commission and adopted by such board, or courses established by acts of the Legislature. In all subjects the board, in its discretion, may adopt textbooks and/or series from those recommended by the textbook rating committees. The board may adopt a plan which permits the local school districts to choose the book or books to be requisitioned from those adopted, provided:
    1. That, when a book is furnished by the state, it shall remain in use during the period of its adoption;
    2. That the average per pupil cost of textbooks so furnished any unit shall not exceed that allowed for all other units in the state;
    3. That nothing herein provided shall be construed as giving any school the authority to discard or replace usable copies of textbooks now being furnished by the state;
    4. That the State Department of Education is authorized to disburse the annual textbook appropriation directly to the public school districts in accordance with Section 37-43-31(1)(b). The textbooks procured through this chapter, as well as textbooks which are on hand on June 30, 1994, which were previously purchased through the provisions of this statute, shall become the property of the public school district which purchased them, unless the State Department of Education authorizes the transfer of unneeded textbooks to another location in accordance with rules and regulations promulgated by the State Board of Education;
    5. That textbooks which are on loan to other than public schools as referenced in Section 37-43-1, shall remain the property of the State of Mississippi. All requisitions for textbooks from these schools shall be submitted to the State Department to be processed and subsequently shipped to the requesting school. No funds shall be disbursed directly from the State Department of Education to the schools in this category for the purpose of procuring textbooks; and
    6. That funds made available through this chapter may be used to purchase any state-adopted or non-adopted textbook from any state depository, directly from the publisher, or in accordance with the provisions of Sections 37-43-21(5) and 37-43-31(3). For purchases made directly from the publisher, the public school district, or the State Department of Education when purchasing for other than public schools, shall not pay a higher price for a textbook than that listed on the current state-adopted list.
  2. Whenever any book under contract is displaced by a new adoption, the board may continue to require the schools to use the recently purchased books from any previous adoption; however, such period of use shall not exceed four (4) years.
  3. If five (5) or more school boards petition the State Board of Education to add a book, or a series of books, to the approved list of state adoptions in a given subject area, then the State Superintendent of Public Education shall have sixty (60) days to show cause to the State Board of Education why the books in question should or should not be purchased with state funds. If the petition is not acted upon within the sixty-day period, the petition shall be deemed to be approved. Once a textbook has been approved through the petition process, any public school district or eligible other school may procure the said textbook utilizing funds appropriated through this chapter.
  4. If new and innovative textbooks that would improve a particular course of study become available between adoption cycles, a school board may petition the State Board of Education for permission to purchase these books out of sequence to be paid for with state textbook funds.
  5. The State Board of Education shall not allow previously rejected textbooks to be used if such textbooks were rejected for any of the following reasons:
    1. Obscene, lewd, sexist or vulgar material;
    2. Advocating prejudicial behavior or actions; or
    3. Encouraging acts determined to be anti-social or derogatory to any race, sex or religion.
  6. All books or series of books adopted under the petition procedures of this chapter shall be purchased under the provisions for bidding, pricing and distribution as prescribed in Section 37-43-23.
  7. Petition procedure books or series of books adopted under this section shall be considered only until the date of the next regular adoption series in the applicable subject area. Petition procedure books shall be submitted for formal adoption at the next applicable regular textbook adoption as prescribed under the provisions of Chapter 43, Title 37, Mississippi Code of 1972; otherwise, such books adopted under the petition procedures which do not receive formal adoption approval as recommended by the textbook rating committee shall be dropped from the state textbook petition adoption list. Provided, however, this provision shall in no way prohibit a school district from using other funds, federal or local, for the purchase of such books.

HISTORY: Codes, 1942, § 6646; Laws, 1940, ch. 202; Laws, 1942, ch. 152; Laws, 1944, ch. 151, § 1; Laws, 1950, ch. 382, §§ 1, 2; Laws, 1966, ch. 421, § 1; Laws, 1981, ch. 507, § 15; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 14; Laws, 1984, ch. 404, § 14; Laws, 1985, ch. 395, § 14; Laws, 1986, ch. 349, § 14; reenacted and amended, Laws, 1987, ch. 481, § 10; Laws, 1989, ch. 577, § 1; Laws, 1994, ch. 405 § 5, eff from and after July 1, 1994.

Cross References —

State Accreditation Commission, see §§37-17-3 et seq.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 353.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Form 217 (complaint, petition, or declaration challenging enactment of restrictive book policy and parental consent scheme requiring parents of all students in class to consent to use of restricted novel before novel may be used in class).

CJS.

78A C.J.S., Schools and School Districts § 1080.

§ 37-43-33. Purchase of books by parents, school boards, etc.

Any parent, person or school board in any community of the state may purchase books from the depository who is given authority to sell books under the provisions of this chapter. The price of the books so ordered or brought shall be the same as the contract price, plus whatever postage or delivery charges might accrue.

HISTORY: Codes, 1942, § 6643; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 16; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 15; Laws, 1984, ch. 404, § 15; Laws, 1985, ch. 395, § 15; Laws, 1986, ch. 349, § 15; reenacted and amended, Laws, 1987, ch. 481, § 11; Laws, 1994, ch. 405, § 6, eff from and after July 1, 1994.

§ 37-43-35. Repealed.

Repealed by Laws, 1981, ch. 507, § 25, eff from and after July 1, 1981.

[Codes, 1942, § 6645; Laws, 1940, ch. 202]

Editor’s Notes —

Former §37-43-35 required contract price of each book to be printed on inside cover with notice that price was fixed by state.

§ 37-43-37. Numbering of books; record of books issued to pupils.

All books shall have a uniform label printed on the inside cover. Each school shall number all books, placing the number on said labels. All teachers shall keep an accurate record of the number and names of all books issued to each pupil.

HISTORY: Codes, 1942, § 6650; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 17; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 16; Laws, 1984, ch. 404, § 16; Laws, 1985, ch. 395, § 16; Laws, 1986, ch. 349, § 16; reenacted and amended, Laws, 1987, ch. 481, § 12; Laws, 1988, ch. 466, § 9, eff from and after July 1, 1988.

§ 37-43-39. Persons prohibited from acting as agents or attorneys for textbook publishers.

No teacher in any of the schools of the state, and no county or municipal superintendent of schools, and no person officially connected with the government of or direction of any school shall, during the term of his office as said superintendent or during the time of his or her employment as teacher, act as agent or attorney for any textbook publishing company selling textbooks in this state. If, after election as county or municipal superintendent or employment as teacher, any person filling such position accepts the agency or attorneyship of any textbook publishing company, the acceptance of such agency or attorneyship shall work a forfeiture of the office or position as teacher held at the time of the acceptance of such agency or attorneyship.

HISTORY: Codes, 1942, § 6651; Laws, 1940, ch. 202; reenacted without change, Laws, 1987, ch. 481, § 13; brought forward without change, Laws, 2013, ch. 497, § 82, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment brought forward without change.

Cross References —

Prohibition against school authorities speculating in public school books, furniture, equipment, and the like, see §37-11-25.

§ 37-43-41. State Textbook Fund; Local School District Textbook Carryover Fund.

The State Textbook Fund of Mississippi shall consist of the amounts appropriated by the Legislature for the same, all monies accruing from the sale of disused books from other than public schools, all monies derived from the purchase of books by both public and private schools trustees, and by private individuals, all monies collected in damage suits under the terms of this chapter, and all other monies collected in any way whatsoever under the terms of this chapter.

There is hereby created a special fund in the State Treasury to be designated as the “Local School District Textbook Carryover Fund.” Said fund shall be credited with any funds which were appropriated by the Legislature to the State Textbook Fund for any fiscal year in which said funds were allocated to local school districts but unexpended by said districts. Said unexpended funds shall be deposited by the board into the Local School District Textbook Carryover Fund to the credit of the local school districts which were originally allocated such funds. All carryover funds which exist on June 30, 1994 which belong to public school districts shall be disbursed to the respective school districts. Carryover funds for other than public schools shall be handled in the same manner as previously described in this section.

HISTORY: Codes, 1942, § 6648; Laws, 1940, ch. 202; Laws, 1981, ch. 344, § 1; reenacted and amended, Laws, 1987, ch. 481, § 14; Laws, 1994, ch. 405 § 7, eff from and after July 1, 1994.

Cross References —

Deposit of funds obtained for lost or damaged books, as well as other funds, into State Textbook Fund, see §37-43-43.

Payment out of State Textbook Fund of cost of Mississippi Blue Books purchased and distributed for supplementary use in Mississippi schools, see §37-43-55.

§ 37-43-43. Deposit of funds to credit of State Textbook Fund.

The State Superintendent of Public Education shall deposit all funds sent to him from non-public schools for lost books or damaged books as well as all other funds accruing under this chapter in the State Treasury to the credit of the State Textbook Fund.

HISTORY: Codes, 1942, § 6652; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 18; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 17; Laws, 1984, ch. 404, § 17; Laws, 1985, ch. 395, § 17; Laws, 1986, ch. 349, § 17; reenacted and amended, Laws, 1987, ch. 481, § 15; Laws, 1994, ch. 405, § 8, eff from and after July 1, 1994.

Cross References —

State Textbook Fund, see §37-43-41.

§ 37-43-45. Suits for recovery of losses.

Any loss occasioned by the neglect, carelessness or failure of duty by the county superintendent or any principal or teacher in charge of any school, shall entitle the state to bring suit for the recovery of the amount of the loss or losses occasioned thereby.

Any writ or suit of any nature instituted under the provisions of this chapter shall be brought in the name of the State of Mississippi by the Attorney General. Any money or moneys recovered by such suit shall be placed to the credit of the State Textbook Fund.

HISTORY: Codes, 1942, § 6653; Laws, 1940, ch. 202; reenacted without change, Laws, 1987, ch. 481, § 16, eff from and after June 30, 1987.

Cross References —

Suits by attorney general generally, see §§7-5-37,7-5-39.

State Textbook Fund, see §37-43-41.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

An action by citizens of the state to enjoin the enforcement of, and to declare void, a contract between the state textbook commission as created under previous enactment (Code 1930, § 6791) and a textbook publisher to furnish certain books to be used in a public school for a period of five years, does not involve a separable controversy with the publisher which may be removed from the state to a federal court. Trimble v. John C. Winston Co., 56 F.2d 150, 1932 U.S. App. LEXIS 2735 (5th Cir. Miss.), cert. denied, 286 U.S. 555, 52 S. Ct. 580, 76 L. Ed. 1289, 1932 U.S. LEXIS 721 (U.S. 1932).

§ 37-43-47. Payment of bills for textbooks.

Bills for textbooks purchased by the state on requisitions as provided in this chapter, and bills for all other expenses incurred under the terms of this chapter, shall be paid by warrants on the State Treasury made by the Auditor on receipt of bills from the State Superintendent of Public Education, and approved by the State Board of Education. Bills for textbooks purchased by public school districts, shall be submitted to the respective school district submitting the requisition. Each public school district will make payment to the appropriate entity which is responsible for providing the requested textbooks.

HISTORY: Codes, 1942, § 6649; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 19; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 18; Laws, 1984, ch. 404, § 18; Laws, 1985, ch. 395, § 18; Laws, 1986, ch. 349, § 18; reenacted and amended, Laws, 1987, ch. 481, § 17; Laws, 1994, ch. 405, § 9, eff from and after July 1, 1994.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 37-43-49. Storage of school books by counties.

It shall be the duty of the board of supervisors of each county in the state to provide adequate storage space in the county courthouse, or in some other building at the county site, for the storage of school books distributed under the provisions of this chapter. In the event sufficient space for the storage of such books cannot be provided in the courthouse, the board of supervisors shall be authorized to rent a room or rooms in some other building at the county site for the storage of such books, and to pay such reasonable rental therefor as may be necessary out of the general fund of the county.

The county superintendent of education, with the approval of the county board of education, may expend out of the county school fund an amount not to exceed One Hundred Fifty Dollars ($150.00) in any school year for part-time janitor’s services or other help in the handling, storage and distribution of school books.

HISTORY: Codes, 1942, § 6658-01; Laws, 1946, ch. 464, §§ 1, 2; reenacted without change, Laws, 1987, ch. 481, § 18, eff from and after June 30, 1987.

§ 37-43-51. Reports by schools receiving textbooks.

The management of all public, private, parochial or denominational schools wherein the board is furnishing to the students thereof free school textbooks and said free school textbooks are used by the students in said school, shall file annually with the State Board of Education any and all reports as may be required by the board.

Any person who shall refuse, neglect or fail to file any report required by the board shall be denied a new allocation of funds until such reports have been completed and filed with the board.

HISTORY: Codes, 1942, § 6658-02; Laws, 1946, ch. 464, §§ 1, 2; Laws, 1981, ch. 507, § 20; Laws, 1983, 1st Ex Sess, ch. 2, § 19; reenacted, Laws, 1984, ch. 404, § 19; Laws, 1985, ch. 395, § 19; Laws, 1986, ch. 349, § 19; reenacted and amended, Laws, 1987, ch. 481, § 19, eff from and after June 30, 1987.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 353 et seq., 457, 468-470.

CJS.

78A C.J.S., Schools and School Districts §§ 1111-1116.

JUDICIAL DECISIONS

1. In general.

Although a state statute authorizing public school authorities to lend textbooks without charge to children attending nonpublic elementary and secondary schools, including parochial schools, does not violate the establishment of religion clause of the First Amendment, a statute authorizing public school authorities to lend instructional material and equipment, such as maps, charts, films, and projection, recording and laboratory equipment provided free to public schoolchildren to qualifying nonpublic elementary and secondary schools, including parochial schools, constitutes an impermissible establishment of religion in violation of the First Amendment. Meek v. Pittenger, 421 U.S. 349, 95 S. Ct. 1753, 44 L. Ed. 2d 217, 1975 U.S. LEXIS 6 (U.S. 1975), overruled in part, Mitchell v. Helms, 530 U.S. 793, 120 S. Ct. 2530, 147 L. Ed. 2d 660, 2000 U.S. LEXIS 4485 (U.S. 2000).

§ 37-43-53. Advertising on covers of textbooks.

The board is hereby authorized, empowered and directed, in its discretion, to offer for advertising purposes, the protective covers of the several free textbooks, to accept bids, and to let contracts for said space. The contracts for said advertising purposes shall be let for definite periods not to exceed two (2) years.

It shall be the duty of the board, if it is desired that advertising shall be used, to approve all proposed advertising submitted for use on the covers of such free textbooks, and to accept only that advertising which will be in keeping with the spirit of the schools in promoting the children physically, mentally and morally. The board is hereby authorized, empowered and directed, in its discretion, to reject any and all bids submitted. No sectarian, un-American or immoral advertisements shall be accepted.

All moneys derived from sale of such advertising shall be deposited in the State Treasury for the benefit of the General Fund.

HISTORY: Codes, 1942, § 6659; Laws, 1940, ch. 194; Laws, 1981, ch. 507, § 21; reenacted, Laws, 1983, 1st Ex Sess, ch. 2, § 20; Laws, 1984, ch. 404, § 20; Laws, 1985, ch. 395, § 20; Laws, 1986, ch. 349, § 20; reenacted and amended, Laws, 1987, ch. 481, § 20, eff from and after June 30, 1987.

§ 37-43-55. Purchase and distribution of Mississippi Blue Book.

The board is hereby authorized and empowered to purchase copies of the Mississippi Blue Book for supplementary use in the schools of Mississippi.

The board shall prescribe the number of copies to be furnished each school and shall make any other regulations governing its distribution and use.

The cost of the Mississippi Blue Books purchased and distributed shall be paid for out of the regular appropriation to the State Textbook Fund.

HISTORY: Codes, 1942, § 6659.5; Laws, 1950, ch. 362, §§ 1-3; Laws, 1981, ch. 507, § 22; reenacted, Laws, 1983, 1st Ex Sess ch. 2, § 21; Laws, 1984, ch. 404, § 21; Laws, 1985, ch. 395, § 21; Laws, 1986, ch. 349, § 21; reenacted and amended, Laws, 1987, ch. 481, § 21, eff from and after June 30, 1987.

Cross References —

State Textbook Fund, see §37-43-41.

§ 37-43-57. Penalties for violations of chapter.

Except as may otherwise be provided in this chapter, any person wilfully violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment not to exceed twelve (12) months in the county jail, or by both, in the discretion of the court.

HISTORY: Codes, 1942, § 6654; Laws, 1940, ch. 202; Laws, 1981, ch. 507, § 23; reenacted, Laws, 1983, 1st Ex Sess ch. 2, § 22; Laws, 1984, ch. 404, § 22; Laws, 1985, ch. 395, § 22; Laws, 1986, ch. 349, § 22; reenacted without change, Laws, 1987, ch. 481, § 22, eff from and after June 30, 1987.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-43-59. Furnishing and disposition of samples.

  1. Not more than one (1) pupil copy, one (1) teacher’s edition, and one (1) copy of any limited auxiliary materials shall be furnished as samples or specimen copies to any single person involved in the state rating, adoption process of free textbooks. Any and all sample or specimen textbooks or other materials furnished to any person serving in an official capacity or as an officer or employee in a school receiving free textbooks shall be furnished only by the State Board of Education after receipt from the publishers. No samples shall be furnished by publishers directly to any such person. The board shall keep detailed records of all samples furnished to all persons and establish such procedures for return of all samples. The intent of this provision is that no person serving in an official capacity shall receive personal benefit or profit from sale of sample or specimen textbooks.
  2. Not more than one (1) pupil copy, one (1) teacher’s edition, and one (1) copy of any limited auxiliary materials shall be furnished for review and inspection to any single person involved in the selection committee process of free textbooks. Any and all textbooks or other materials furnished to any such person serving in a selection committee capacity for inspection and review shall be furnished subject to the rules and regulations adopted by the board which such rules and regulations shall not prohibit direct delivery by the publishers to such persons. The board shall keep detailed records of all textbooks and auxiliary materials furnished to all such persons and establish such procedures for the return thereof. Any and all textbooks furnished to persons serving on selection committees shall be turned in to the State School Book Depository without any cost to the State of Mississippi and shall be credited to the account of the publisher. Any and all textbooks so furnished to persons serving on selection committees which have not been returned within one (1) year of the receipt of same the value thereof shall be charged against the allocation of state funds to said school district to the same extent as if said books had been purchased by said school district. The intent of this provision is that no person serving as a selection committee member shall receive personal benefit or proceeds from the sale of said textbooks.
  3. The State School Book Depository shall pay into the State Treasury to the credit of the State Textbook Fund the net wholesale price less an eight percent (8%) distribution cost and freight charges of those adopted textbooks which are returned by the rating committees as required herein. The board shall also provide for the sale of damaged books and those textbooks not adopted into the secondary textbook market on an annual basis. The State School Book Depository shall pay into the State Treasury to the credit of the State Textbook Fund the amount received for which said textbooks are sold less an eight percent (8%) distribution cost and freight charges of said textbooks which are damaged or not adopted.
  4. Any person converting to personal use or selling any sample or specimen textbook or other materials contrary to provisions of this section shall be guilty of the crime of embezzlement as provided by Section 97-11-25 and in addition shall upon conviction pay a fine of Fifty Dollars ($50.00) per book sold or converted to personal use and shall be removed from any public office or public employment position held.

HISTORY: Laws, 1981, ch. 507, § 24; reenacted, Laws, 1983, 1st Ex Sess ch. 2, § 23; Laws, 1984, ch. 404, § 23; amended, Laws, 1984, ch. 488, § 199; reenacted, Laws, 1985, ch. 395, § 23; Laws, 1986, ch. 349, § 23; reenacted and amended, Laws, 1987, ch. 481, § 23, eff from and after June 30, 1987.

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Cross References —

Other provisions governing disposition or use of sample textbooks, see §37-43-21.

State Textbook Fund, see §37-43-41.

Chapter 45. State Aid to Public Schools

§ 37-45-1. Declaration of policy.

The legislature hereby recognizes that in order to exercise the constitutional power, set forth in Section 201 of Article 8, that the legislature may, in its discretion, “provide for the maintenance and establishment of free public schools for all children between the ages of six and twenty-one years, by taxation or otherwise,” equality of educational opportunity with respect to instructional personnel, school buildings and facilities, transportation facilities, curriculum and all other school facilities should be provided for all such children, that the burden of providing such equality of educational opportunity can no longer be borne entirely by the local taxing units, and, therefore, that a program of state aid therefor should be instituted. The legislature, therefore, declares and determines that the maintenance of the uniform system of free public schools to insure and provide substantial equality of educational opportunity is the joint responsibility of the State of Mississippi and the local taxing units thereof.

HISTORY: Codes, 1942, § 6246-01; Laws, 1953, Ex Sess, ch. 11, § 1.

RESEARCH REFERENCES

Law Reviews.

Seeking Educational Funding Equity in Mississippi: “I Asked for Water, You Gave Me Gasoline”. 58 Miss. L. J. 247, Fall, 1988.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

Code 1942, §§ 6246-01 et seq., 6247-01 et seq., 6248-01 et seq., and 6274-01 et seq., are in pari materia with Code 1942, §§ 6328-01 et seq. Adams County v. State Educational Finance Com., 229 Miss. 566, 91 So. 2d 524, 1956 Miss. LEXIS 641 (Miss. 1956).

§ 37-45-3. Transfer of functions, etc., of State Educational Finance Commission to State Board of Education.

  1. There is hereby created a State Educational Finance Commission. For the purposes of this chapter, the term “commission” shall be construed to mean “State Educational Finance Commission.”
  2. From and after July 1, 1988, the State Educational Finance Commission shall be abolished, and all duties and responsibilities thereof shall be transferred to the State Board of Education. All records, property, unexpended balances of appropriations, allocations or other funds of the commission shall be transferred to the State Department of Education. All references in the laws of this state to the “State Educational Finance Commission” or to the “commission,” when referring to the Educational Finance Commission, shall be construed to mean the State Department of Education.
  3. In order to provide for an orderly transition in assuming the duties and responsibilities of the State Educational Finance Commission, the State Board of Education shall develop a plan of transition and shall report such plan to the Legislature on or before January 1, 1987.

HISTORY: Codes, 1942, § 6246-02; Laws, 1953, Ex Sess, ch. 11, § 2; Laws, 1986, ch. 500, § 20; Laws, 1990, ch. 535, § 10, eff from and after July 1, 1990.

§ 37-45-5. Appointment and term of members.

The commission shall be composed of six (6) members who shall be appointed by the Governor, subject to confirmation by the Senate. However, no such confirmation shall be made by the Senate until said appointment or appointments have been referred to the proper Senate standing committee and an individual report has been made on each appointee by said Senate standing committee reporting that in its judgment such appointee has the proper qualifications and is a proper person to perform the duties of this office.

One (1) member shall be appointed from each congressional district of the state as presently existing. In making the original appointments, two (2) members shall be appointed for a term expiring April 1st, 1956; two (2) members shall be appointed for a term expiring April 1st, 1958; and two (2) members shall be appointed for a term expiring April 1st, 1960. Thereafter all appointments shall be for terms of six (6) years commencing on April 1st of the year in which the appointments are made. New members of the commission shall be appointed from the same district as their predecessor. Any vacancy in the membership of the commission occurring before the expiration of a term shall be filled in the manner hereinabove provided for, but only for the unexpired term.

HISTORY: Codes, 1942, § 6246-03; Laws, 1953, Ex Sess, ch. 11, § 3; Laws, 1985, ch. 522, eff from and after passage (approved April 16, 1985).

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-7. Surety bond; voting.

Each member of the commission shall, before entering upon the discharge of his duties, enter into a good and sufficient surety bond in the sum of fifty thousand dollars ($50,000.00) payable to the State of Mississippi and conditioned upon the faithful discharge of his duties. Said bond shall be executed by some surety company authorized to do business in this state. The premiums thereon shall be paid from any funds which may be available to the commission for such purpose.

Any member of the commission may have his vote on any question before the commission recorded on the minutes thereof at the time of the vote, and a member of the commission who votes against an illegal, unlawful or unauthorized expenditure of funds shall not be liable therefor.

HISTORY: Codes, 1942, § 6246-04; Laws, 1953, Ex Sess, ch. 11, § 4.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-9. Compensation and expenses.

The members of the commission shall receive a per diem, mileage and expenses as is authorized by law per day for each day spent in attending meetings of the commission and in performing such other duties as may be required of them by law or the directives of the commission. However, except for regular or called meetings no member shall receive per diem, mileage or other expenses in performing duties unless such duties shall have been directed by an order duly entered on the minutes of a meeting of the commission prior to the performance thereof.

HISTORY: Codes, 1942, § 6246-05; Laws, 1953, Ex Sess, ch. 11, § 5; Laws, 1980, ch. 560, § 13, eff from and after passage (approved May 26, 1980).

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-11. Adoption and use of seal.

The commission is authorized to adopt and use an official seal.

HISTORY: Codes, 1942, § 6246-22; Laws, 1955, Ex Sess, ch. 58, § 2.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-13. Meetings; organization.

The commission shall meet on the third Monday of each month, and shall meet at such other times as may be designated by law or upon call by the chairman or a majority of the members of the commission. At its first meeting, the commission shall organize and elect a chairman and a vice-chairman. As soon as practicable thereafter, the commission shall adopt such rules and regulations not contrary to the provisions of this chapter and the other laws of the State of Mississippi as shall be necessary and proper to govern its proceedings. Four members of said commission shall constitute a quorum for the purpose of doing business. The commission may either elect a secretary from among its membership or designate the executive secretary as its secretary.

HISTORY: Codes, 1942, § 6246-07; Laws, 1953, Ex Sess, ch. 11, § 7.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-15. Minutes; recess of meetings and hearings.

The commission shall keep full, complete, and permanent minutes and records of all its proceedings, including the rules and regulations adopted by it, and said minutes shall be signed by the chairman, or vice-chairman, and attested by the secretary. All minutes of the commission shall be signed and approved not later than the close of the next regular meeting.

Any meeting or hearing of or by the commission may be recessed from day to day or time to time without the necessity of daily entering the fact of recess upon the minutes of the commission. However, the fact of recess of any hearing, where the proceedings are taken by a reporter, shall be shown in the record of the proceedings.

HISTORY: Codes, 1942, §§ 6246-10, 6246-23; Laws, 1953, Ex Sess, ch. 11, § 10; Laws, 1955, Ex Sess, ch. 58, § 3.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-17. Executive secretary and other employees.

The commission shall select an executive secretary, who shall be the administrative officer of the commission. The executive secretary shall perform such duties as are required of him by law, and such other duties as may be assigned to him by the commission. He shall receive such compensation as may be fixed by the commission. He shall hold, or be eligible to secure, a Class AA certificate for administrators as defined in the rules and regulations of the state department of education covering the certification of instructional personnel. He shall have had ten years’ experience as a teacher, supervisor or administrator in the public schools, of which not less than five years shall have been in a responsible administrative position. He shall have had broad professional education experience and shall have recognized ability as a school administrator. He shall have no vote in the decisions of said commission, and shall have no voice in the making or fixing of policies by said commission. Said executive secretary, in order to qualify for his position, shall be required to make a good and sufficient bond in some surety company qualified and doing business in the State of Mississippi, in the penal sum of one hundred thousand dollars ($100,000.00), conditioned upon the faithful performance of his duties as required by law and the directives of said commission. The premium on said bond shall be paid from any funds available to the commission for such purpose. Said executive secretary may be removed at any time upon a majority vote of the membership of said commission.

The commission shall have the power and authority to employ such technical, professional, and clerical help as may be necessary for the administration of this chapter and for the performance of such other duties as may be imposed upon the commission by law, and to define the duties and fix the compensation of such employees.

HISTORY: Codes, 1942, § 6246-06; Laws, 1953, Ex Sess, ch. 11, § 6.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Certification of teachers and administrators, see §37-3-2.

§ 37-45-19. Promulgation of rules and regulations.

The commission shall promulgate such reasonable rules and regulations as shall be necessary and proper to carry out the provisions of this chapter and of such other laws, the administration of which shall be vested in the commission; however, no such rule or regulation shall be in conflict with any applicable law. It shall be the duty of the commission to furnish the board of trustees or other governing body of all school districts and the attorney general certified copies of all rules and regulations prescribed by the commission, which distribution shall be made not less than thirty days prior to the effective date of all such rules or regulations.

HISTORY: Codes, 1942, § 6246-09; Laws, 1953, Ex Sess, ch. 11, § 9.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-21. Distribution of school facility funds.

The commission shall distribute and disburse, subject to the provisions of law, such funds as may be appropriated by the legislature, and such funds as may otherwise become available, for constructing, improving, equipping, renovating, and repairing school buildings or other school facilities, as authorized and directed by chapter 47 of this title. No funds shall be distributed by said commission to any school district operating a school in the State of Mississippi until such school district shall have conclusively shown that it has complied with all the requirements of the laws of the State of Mississippi for the operation of schools or school districts, and until such school district shall have complied with all the applicable regulations of the commission.

HISTORY: Codes, 1942, § 6246-08; Laws, 1953, Ex Sess, ch. 11, § 8.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

State aid for construction of school facilities, see §§37-47-1 et seq.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts § 13.

JUDICIAL DECISIONS

1. Funding and Eleventh Amendment immunity.

Where plaintiff parent sued defendant school district in state court alleging her child was sexually assaulted at school and obtained a judgment under the Mississippi Tort Claims Act, her later claims in federal court were properly held as barred due to res judicata; while school districts’ sources of funding under Miss. Code Ann. §§37-45-21,37-47-1 et seq.,37-57-1,37-59-3, and37-151-7 were equally divided between local school districts and the state under Miss. Code Ann. §§11-46-7,11-46-16(2), and11-46-17(2), any judgment against the school district would be paid through the Tort Claims Fund and excess liability insurance, and thus, the school district was not considered an arm of the state entitled to Eleventh Amendment immunity. Black v. N. Panola Sch. Dist., 461 F.3d 584, 2006 U.S. App. LEXIS 21259 (5th Cir. Miss. 2006).

§ 37-45-23. Formulation of policies and approval of plans for location and construction of noncharter public school buildings.

Subject to the provisions of any applicable statute, the commission shall formulate policies and approve or disapprove plans for the location and construction of all necessary elementary and secondary noncharter public school buildings.

HISTORY: Codes, 1942, § 6246-11; Laws, 1953, Ex Sess, ch. 11, § 11; Laws, 2013, ch. 497, § 83, eff from and after July 1, 2013.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Amendment Notes —

The 2013 amendment inserted “noncharter public” preceding “school buildings.”

Cross References —

Power of State Board of Education to specify amount of insurance to be carried on state-constructed school buildings, see §37-7-303.

Duty of State Board of Education to administer and execute laws providing for state aid for construction of school facilities, see §§37-47-1 et seq.

Duty of State Board of Education to administer and execute laws providing for financial assistance to children attending nonsectarian private schools, see §37-51-3.

§ 37-45-25. Supervision and approval of surveys of educational needs.

Subject to the provisions of any applicable statute, the commission shall supervise and approve or disapprove all surveys of educational needs made by any school board or board of education. The commission may assist such boards in making such surveys, and it may make supplemental surveys of such needs.

HISTORY: Codes, 1942, § 6246-11; Laws, 1953, Ex Sess, ch. 11, § 11.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Responsibility of state superintendent for planning functions of department of education, see §37-3-12.

§ 37-45-27. Hearings.

In conducting any hearing, the commission shall not be required to follow common law or statutory rules of evidence or the technical or formal rules of procedure. Any such hearing may be conducted in such manner as the commission may deem best to ascertain and determine the physical, mental, moral, social and educational welfare of the educable children involved, the efficiency of the operation of the schools, and the economic and social welfare of the various school areas involved.

HISTORY: Codes, 1942, § 6246-39; Laws, 1955, Ex Sess, ch. 58, § 19.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-29. Service of notices and other process.

All notices or other process authorized or required to be served upon the commission shall be served upon the chairman and the executive secretary.

HISTORY: Codes, 1942, § 6246-24; Laws, 1955, Ex Sess, ch. 58, § 4.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-31. Issuance of subpoenas.

The commission, or the chairman thereof, at any regular or recessed meeting, or the chairman in vacation, or the executive secretary in vacation pursuant to the direction of the chairman made at any time, is hereby empowered to issue under the seal of the commission and in its name, subpoenas for witnesses to require their attendance and the giving of testimony before the commission at any hearing or proceeding conducted by the commission and to require the production of such books, papers and records in any proceeding before the commission as may be material upon questions before or brought by the commission. Such subpoenas for witnesses or subpoenas duces tecum shall be directed to the sheriff or other lawful officer of the county of the residence of the witness named in the subpoena and shall be served and returned by the sheriff or other officer authorized by law to serve and return process in this state as in the chancery courts of this state and shall be obeyed just as process in said chancery court. The time and place for the appearance of the witness and the production of any documents, as the case may be, shall be specified in such subpoena.

HISTORY: Codes, 1942, § 6246-25; Laws, 1955, Ex Sess, ch. 58, § 5.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Procedure upon failure or refusal to comply with subpoena, see §37-45-33.

Fees and mileage of witnesses, see §37-45-35.

§ 37-45-33. Procedure upon failure or refusal to comply with subpoena.

In case of the failure or refusal on the part of any person to comply with any subpoena issued as authorized in Section 37-45-31, or in case of the refusal of any witness to testify or answer to any matter regarding which he may be lawfully interrogated, the chancellor or the chancery court of the county of the residence of such person, or the chancellor or the chancery court of the county in which the hearing to which the subpoena is returnable is being conducted may, on application of the commission or the chairman thereof, in term time or vacation, issue an attachment for such person and compel him to comply with such subpoena and to attend before the commission and produce the documents specified in any subpoena duces tecum and give his testimony upon such matters as he may be lawfully required. Said chancery court shall have the power to punish for contempt as in case of disobedience of like process issued by or from such chancery court, or as in case of the refusal to testify therein in response to such process.

HISTORY: Codes, 1942, § 6246-26; Laws, 1955, Ex Sess, ch. 58, § 6.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-35. Fees and mileage of witnesses.

All witnesses attending the commission pursuant to process issued as authorized in Section 37-45-31, shall be entitled to the same per diem and mileage as provided for witnesses in the chancery courts of this state. Such witnesses shall attend from day to day until discharged by the commission or by agreement of counsel for the interested parties. The fee and mileage of all witnesses shall be paid by the county board of education or the board of trustees of a municipal separate school district interested in the matter under consideration by the commission. However, any witness fees or mileage of witnesses subpoenaed by the commission or by or at the direction of the chairman on its or their own motion shall be paid by the commission by proper requisition upon the funds appropriated for the operation of the commission. The commission may tax the cost of any proceeding before it as a part of its order in such proceeding.

HISTORY: Codes, 1942, § 6246-27; Laws, 1955, Ex Sess, ch. 58, § 7.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-37. Designation of official reporter; compensation; duties.

At any hearing held by the commission under the provisions of chapter 47 of this title, or under any other statute, it is made the duty of any county board of education or board of trustees of any municipal separate school district involved, jointly or severally, to provide at their or its own expense a competent reporter to be approved by the commission, or the chairman thereof, to take the proceedings had at such hearing, and in the event of an appeal to transcribe same and file with the commission an original and one copy thereof within the time prescribed by law. Said reporter shall act under the supervision of said commission, or the secretary thereof, and for the purpose of said hearing and any appeal therefrom he shall be considered as the official reporter of the commission.

If the parties applying for any such hearing shall, at the time of applying for such hearing, certify to the commission in writing, via registered mail, their inability to secure a competent reporter, the commission shall select and provide said reporter, whose duties shall be the same and whose fees and costs shall be borne and paid as costs, in the same manner as the reporter mentioned in the preceding parts of this section.

HISTORY: Codes, 1942, § 6246-30; Laws, 1955, Ex Sess, ch. 58, § 10.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-39. Preservation of reporter’s notes and transcription thereof.

The reporter shall act in the same capacity as an official court reporter of the chancery courts of this state. His shorthand notes and the transcription thereof shall be preserved in the same manner and accorded the same verity as those of chancery court reporters.

HISTORY: Codes, 1942, § 6246-31; Laws, 1955, Ex Sess, ch. 58, § 11.

§ 37-45-41. Certification and filing of transcript of reporter’s notes; corrections.

When the reporter’s notes shall have been transcribed, the reporter shall certify same and file an original and one copy with the commission and give notice by registered mail of the fact of such filing to the county board or county boards of education and the board of trustees of any municipal separate school district involved in the proceeding covered by the transcript, and their respective counsel of record, if any, and to the commission.

Any correction of the transcript shall be made in the same manner provided for correcting a transcript in Section 9-13-35, Mississippi Code of 1972, with the commission exercising the rights and power of the trial judge mentioned therein, and the executive secretary of the commission exercising the duties of the clerk mentioned in said section. The written agreement provided by said section concerning the transcript therein provided to be filed in the supreme court may be entered into and filed in the chancery court to which the appeal is taken from any final rule, regulation or order of the commission.

HISTORY: Codes, 1942, § 6246-33; Laws, 1955, Ex Sess, ch. 58, § 13.

Editor’s Notes —

Section 9-13-35 referred to in this section was repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991.

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-43. Fees of reporter.

The fees of the reporter, per diem, and for the transcription of any evidence taken by him upon any hearing before the commission, shall not be in excess of the customary per diem, transcription and filing fees made by the chancery court reporters of this state.

HISTORY: Codes, 1942, § 6246-32; Laws, 1955, Ex Sess, ch. 58, § 12.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-45. Costs of administrative proceedings; schedule; taxation.

The schedule of cost in the chancery courts of this state shall apply, where applicable, to the cost accruing or incurred in the proceedings before the commission.

The cost of the services of said reporter and any other cost provided for in this chapter shall be taxed as a part of the cost of any hearing before the commission. All costs paid to any employee of the commission and all costs collected by the commission and not required to be paid to some person by the terms of this chapter shall be paid into the treasury of the State of Mississippi.

HISTORY: Codes, 1942, §§ 6246-28, 6246-32; Laws, 1955, Ex Sess, ch. 58, §§ 8, 12.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-47. Time for payment of costs; procedure in case of nonpayment.

All costs taxed by the commission in any hearing or proceeding shall be had within forty-five days after the date of any final order of the commission or decree of the chancery court if no appeal is taken therefrom, and within thirty days after the final order or judgment of the supreme court of Mississippi if an appeal is taken to it.

In the event said costs are not so paid, said commission shall certify the same to the state board of education and unless said costs shall have been paid the said state board of education shall deduct the amount thereof, as to any county board of education, from the next allotment to said county for administrative expenses, and as to any municipal separate school district from its next allotment of two hundred dollars ($200.00) per teacher unit. Such amount shall be paid to the commission, which shall deposit same in the state treasury, and the same shall then be disbursed to the person to whom it is owing by proper warrant upon order of the commission. The provisions of this section shall not relieve the obligation of any surety upon any appeal bond.

HISTORY: Codes, 1942, § 6246-38; Laws, 1955, Ex Sess, ch. 58, § 18.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-49. Payment of fees and costs of school authorities and commission.

Any cost or fees provided by this chapter to be paid by any county board of education or board of trustees of a municipal separate school district may be paid by the county board of education from the administrative fund provided by Section 37-19-31, or from any school funds of the district other than minimum foundation program funds, and by the municipal separate district from the maintenance funds of the district, other than minimum foundation program funds. Any fees or costs provided by this chapter to be paid by the commission may be paid from the funds appropriated for its operation.

HISTORY: Codes, 1942, § 6246-35; Laws, 1955, Ex Sess, ch. 58, § 15; Laws, 1977, ch. 486, § 28, eff from and after July 1, 1977.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-51. Appeals to chancery court.

Any school board of a school district aggrieved by any final rule, regulation or order of the commission shall have the right of appeal to the chancery court of the county in which said school district or any part thereof may be located or situated, which appeal shall be taken and perfected as hereinafter provided within thirty (30) days from the date of such final rule, regulation or order. The said chancery court may modify or affirm such rule, regulation or order or reverse or remand the same for further proceedings as justice may require. All such appeals shall be taken and perfected, heard and determined, either in term time or in vacation, on the record, including a transcript of any evidence, pleadings or testimony filed and heard before said commission. Such appeal shall be heard and disposed of promptly by the chancery court as a preference cause. In perfecting any appeal provided by this chapter, the provisions of law respecting notice to the reporter and the allowance of bills of exception, now or hereafter in force respecting appeals from the chancery court to the Supreme Court shall be applicable. The reporter shall transcribe his notes and file the transcript of the record with the commission within thirty (30) days after approval of the appeal bond.

Upon the filing with the commission of a petition for appeal to the chancery court, it shall be the duty of the commission, as promptly as possible and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of the chancery court a copy of the petition for appeal and of the rule, regulation or order appealed from, and a transcript of the record of the pleadings and evidence before the commission. After the filing of said petition, the appeal shall be perfected by the filing of bond in the sum of Five Hundred Dollars ($500.00) with two (2) sufficient sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such appeal. Said bond shall be approved by the clerk of the court. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation or order of the commission, but the judge of the said chancery court may award a writ of supersedeas to any rule, regulation or order of the commission after five (5) days’ notice to the commission and after hearing. Any order or judgment staying the operation of any rule, regulation or order of the commission shall contain a specific finding, based upon evidence submitted to the chancellor and identified by reference thereto, that great or irreparable damage would result to the appellant if he is denied relief, and the stay shall not become effective until a supersedeas bond shall have been executed and filed with and approved by the clerk of the court or the chancellor, payable to the state. The bond shall be in an amount fixed by the chancellor and conditioned as said chancellor may direct in the order granting the supersedeas.

HISTORY: Codes, 1942, § 6246-12; Laws, 1953, Ex Sess, ch. 11, § 12; Laws, 1986, ch. 492, § 157, eff from and after July 1, 1987.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

JUDICIAL DECISIONS

1. In general.

2. Relationship to other laws.

3. Scope and nature of review.

4. Bill of exceptions.

1. In general.

This section [Code 1942, § 6246-12] does not contravene the constitutional distribution of governmental powers. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

2. Relationship to other laws.

This section [Code 1942, § 6246-12] was not implicitly repealed pro tanto by the provision of Code 1942, § 6248-07, that a hearing before the educational finance commission on an application for transfer of pupils to another district shall be final. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

3. Scope and nature of review.

An appeal to a chancery court from a determination of the Educational Finance Commission upon an application for transfer of a pupil is not tried de novo. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

The right of a county board of education to appeal to the court from an order of the state educational finance commission disapproving a two unit school system for the county as proposed by the county board did not mean that the court might redetermine, as on a trial de novo, the issues involved in the reorganization in controversy, or substitute its judgment for that of the commission. Adams County v. State Educational Finance Com., 229 Miss. 566, 91 So. 2d 524, 1956 Miss. LEXIS 641 (Miss. 1956).

Whether the state educational finance commission acted in a purely administrative, or legislative, or a quasi-judicial capacity, in disapproving the order of the county board of education proposing a 2-unit school system for the county, the commission was exercising a discretionary power vested in it by statute, and, upon appeal, the court was limited to a determination of whether the order of the commission was supported by substantial evidence, and whether the order went beyond the power of the commission to make, or violated some statutory or constitutional right of an interested party. Adams County v. State Educational Finance Com., 229 Miss. 566, 91 So. 2d 524, 1956 Miss. LEXIS 641 (Miss. 1956).

4. Bill of exceptions.

The time for tendering a bill of exceptions to an order of the school finance commission runs from the time the minutes on which it was entered were signed. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

§ 37-45-53. Appeal bonds.

The beneficiary in all appeal bonds shall be the State of Mississippi. Said bonds shall secure the payment of the cost accruing in the proceeding, including the cost of appeal and the performance of any other acts required by the chancellor in granting of supersedeas appeal from any final rule, regulation or order of the commission.

HISTORY: Codes, 1942, § 6246-29; Laws, 1955, Ex Sess, ch. 58, § 9.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-45-55. Payment of premium on appeal bond of school authorities.

Any school board is authorized to pay the premium on any appeal bond entered into under the provisions of Section 37-45-51. The said school board may pay same from the administrative fund provided by Section 37-19-31.

HISTORY: Codes, 1942, § 6246-36; Laws, 1955, Ex Sess, ch. 58, § 16; Laws, 1977, ch. 486, § 28; Laws, 1986, ch. 492, § 158, eff from and after July 1, 1987.

§ 37-45-57. Preparation of record on appeal.

In the event of an appeal by any county board of education or board of trustees of any municipal separate school district from any final rule, regulation or order of the state educational finance commission, it shall be the duty and responsibility of such appealing county board or board of trustees, under the supervision of the executive secretary of said commission, to prepare or cause to be prepared the record on appeal, which, when approved by the commission or by the chairman thereof in vacation, shall be and constitute the record on appeal. The same shall thereupon be filed, as required by law, in the chancery court to which the appeal is taken. The cost of making and filing such record shall be an item of cost of said appeal, which shall be paid by said appellant. The cost of such record shall not be in excess of the cost of a similar record on appeal from a chancery court of this state to the supreme court of Mississippi.

HISTORY: Codes, 1942, § 6246-34; Laws, 1955, Ex Sess, ch. 58, § 14.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Record on appeal to be bound, indexed and compiled. See §37-45-59.

§ 37-45-59. Record on appeal to be bound, indexed and compiled.

The record on appeal from the commission to the chancery court shall be bound, indexed and compiled in the same manner and form as the same record of appeal from a chancery court to the supreme court of this state.

HISTORY: Codes, 1942, § 6246-37; Laws, 1955, Ex Sess, ch. 58, § 17.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Preparation of record on appeal, see §37-45-57.

§ 37-45-61. Appeals to supreme court.

From an adverse decision of the chancery court, either party may appeal to the supreme court of the State of Mississippi. Said appeal shall be taken and perfected within thirty days and in the same manner provided by law for other appeals to the supreme court from the judgments of chancery courts, and upon appeal to the supreme court, the same shall be heard and disposed of as a preference cause as promptly and as expeditiously as the circumstances will permit.

HISTORY: Codes, 1942, § 6246-12; Laws, 1953, Ex Sess, ch. 11, § 12.

JUDICIAL DECISIONS

1. In general.

2. Relationship to other laws.

1. In general.

This section [Code 1942, § 6246-12] does not contravene the constitutional distribution of governmental powers. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

2. Relationship to other laws.

This section [Code 1942, § 6246-12] was not implicitly repealed pro tanto by the provision of Code 1942, § 6248-07, that a hearing before the educational finance commission on an application for transfer of pupils to another district shall be final. Board of Education v. State Educational Finance Com., 243 Miss. 782, 138 So. 2d 912, 1962 Miss. LEXIS 408 (Miss. 1962).

§ 37-45-63. Construction of chapter.

The provisions of this chapter are and shall be construed to be in addition to and supplemental of the provisions of any other statutes of this state pertaining to the matters herein referred to.

HISTORY: Codes, 1942, § 6246-40; Laws, 1955, Ex Sess, ch. 58, § 20.

Chapter 47. State Aid for Construction of School Facilities

§ 37-47-1. Administration of chapter.

The terms and provisions of this chapter shall be administered and executed by the state educational finance commission. For the purpose of this chapter, the term “commission” shall mean “state educational finance commission” except where the context clearly indicates otherwise.

HISTORY: Codes, 1942, § 6247-01; Laws, 1953, Ex Sess, ch. 13, § 1, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, and provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section was not implemented.

Cross References —

State aid to public schools generally, see §§37-45-1 et seq.

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

Where plaintiff parent sued defendant school district in state court alleging her child was sexually assaulted at school and obtained a judgment under the Mississippi Tort Claims Act, her later claims in federal court were properly held as barred due to res judicata; while school districts’ sources of funding under Miss. Code Ann. §§37-45-21,37-47-1 et seq.,37-57-1,37-59-3, and37-151-7 were equally divided between local school districts and the state under Miss. Code Ann. §§11-46-7,11-46-16(2), and11-46-17(2), any judgment against the school district would be paid through the Tort Claims Fund and excess liability insurance, and thus, the school district was not considered an arm of the state entitled to Eleventh Amendment immunity. Black v. N. Panola Sch. Dist., 461 F.3d 584, 2006 U.S. App. LEXIS 21259 (5th Cir. Miss. 2006).

Codes 1942, §§ 6246-01 et seq., 6247-01 et seq., 6248-01 et seq., and 6274-01 et seq., are in pari materia with Code 1942, §§ 6328-01 et seq. Adams County v. State Educational Finance Com., 229 Miss. 566, 91 So. 2d 524, 1956 Miss. LEXIS 641 (Miss. 1956).

§ 37-47-3. “School district” defined.

The term “school district” as used in this chapter shall be defined as including all public school districts and public charter schools in this state and also all agricultural high schools not located on the campus of a junior college.

HISTORY: Codes, 1942, § 6247-03; Laws, 1953, Ex Sess, ch. 13, § 3; Laws, 1955, Ex Sess, ch. 48, § 1; Laws, 1964, ch. 384, §§ 1-3; Laws, 2016, ch. 420, § 8, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Amendment Notes —

The 2016 amendment inserted “and public charter schools.”

§ 37-47-5. “Capital improvement” defined.

For the purposes of this chapter, the term “capital improvement” shall mean the cost of (1) erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including, but not being limited to, gymnasiums, auditoriums, lunch rooms, vocational training buildings, libraries, teachers’ homes, school barns, garages for transportation vehicles, and (2) providing necessary water, lights, heating, air conditioning and sewerage facilities for school buildings. Such term shall not include the cost of the acquisition of land whereon to construct or establish any of the facilities named above.

HISTORY: Codes, 1942, § 6247-04; Laws, 1953, Ex Sess, ch. 13, § 4; Laws, 1992, ch. 524, § 15, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-7. State public school building fund created.

There shall be, and there is hereby, created in the state treasury a special fund to be known as the “state public school building fund”. The said fund shall consist of such amounts as may be paid into said fund by appropriation or other legislative authorization.

HISTORY: Codes, 1942, § 6247-02; Laws, 1953, Ex Sess, ch. 13, § 2, eff from and after July 1, 1954.

Cross References —

Payments into state public school building fund from moneys collected under the Mississippi Sales Tax Law, see §27-65-75.

§ 37-47-9. Annual grants by state.

It is found and determined that the state should make an annual grant of Twenty-four Dollars ($24.00) for each child in average daily attendance in the public schools of the various school districts of this state during each school year, and that such monies should be applied for the purpose of establishing and maintaining adequate physical facilities for the public school district and/or the payment of existing debt therefor.

The grant to which each public school is entitled under the provisions of this section shall be credited to the school district of which such school is part. If any change is made in the operation or boundaries of any such school district, equitable reallocations shall be made by the commission of all balances to the credit of such school district, and all debits charged against the districts affected by the change in the boundaries or system of operation. The obligation of the state to make remittance of the sums appropriated or otherwise provided to make the annual grants provided by this section shall be subordinate to the pledge made to secure the state school bonds authorized under this chapter and the sinking fund created for their retirement. The grants shall be computed annually as soon as practicable after the end of the school year, and shall be based on the average daily attendance for such school year in all of the public schools operated by each school district as determined by the State Department of Education.

HISTORY: Codes, 1942, § 6247-03; Laws, 1953, Ex Sess, ch. 13, § 3; Laws, 1955, Ex Sess, ch. 48, § 1; Laws, 1964, ch. 384, §§ 1-3; Laws, 1975, ch. 320; Laws, 1993, ch. 602, § 12; Laws, 2013, ch. 497, § 84, eff from and after July 1, 2013.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Amendment Notes —

The 2013 amendment in the first paragraph inserted “of the various school districts” and substituted “school district” for “school system”; and substituted “The grant to which each” for “The grant to which a” at the beginning of the second paragraph.

§ 37-47-11. Order of priority of disposition of funds.

The sums becoming due to any school district shall be disposed of in the following order of priority and for the following purposes and for no others:

To discharge the principal and interest due the commission by reason of any advance or loan made to any such school district by the commission;

To be applied by the school district, subject to the approval of the commission, to defray the cost of any capital improvement;

To pay the principal and interest of school district indebtedness represented by bonds or notes issued before July 1, 1954, for capital improvements, provided that the capital improvements for which such bonds or notes were issued fulfill the rules and requirement for new capital improvements and district organization as provided by the commission, or for bonds or notes issued on or after July 1, 1954, for capital improvements which have been approved by the commission as provided in this chapter.

HISTORY: Codes, 1942, § 6247-04; Laws, 1953, Ex Sess, ch. 13, § 4, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Authority of state bond commission to issue state school bonds, see §37-47-33.

§ 37-47-13. Certificates of credit.

When the amounts of the annual grants to school districts have been computed as provided in Section 37-47-9, the commission shall credit each such school district with the amount of the annual grant to which it is entitled and shall issue to each such school district a certificate of credit for the amount of such annual grant. All such certificates of credit shall be signed by the chairman of the commission and countersigned by the executive secretary thereof. Such certificates shall constitute an indebtedness of the State of Mississippi but shall be non-transferable and non-negotiable and shall bear no interest. All such certificates so issued shall be held and retained by the school district to which same are issued until the expenditure of the funds to the credit of such school district shall be approved by the commission as is otherwise provided in this chapter. Such certificates shall be surrendered to the commission at the time the funds to which the school district is entitled are withdrawn from the public school building fund and deposited to the credit of the school district entitled thereto.

HISTORY: Codes, 1942, § 6247-04; Laws, 1953, Ex Sess, ch. 13, § 4, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-15. Approval of use of grants; surveys and plans.

No grants accruing to any school district shall be expended for any purpose unless such expenditure has been approved by the commission. In order to guide the commission in passing upon requests for the use of grants, the school boards of the respective school districts are directed to prepare a survey of necessary capital improvements and/or a plan for tax relief on school indebtedness within each school district. Such surveys shall show existing facilities, desirable consolidations, the new construction and new facilities necessary and desirable for the efficient operation of the public schools of the school districts, proper compliance with state energy conservation standards, and the plan of tax reduction in the school districts by use of such funds in retiring any outstanding indebtedness for school facilities. The commission shall not approve any application for the use of funds of the said public school building fund from the school board of any school district until such time as an acceptable and reasonably satisfactory plan, looking particularly to efficiency through consolidations of school attendance centers, has been submitted by the school board.

Furthermore, the commission shall not approve any application for the use of funds of the public school building fund until such time as an acceptable plan has been submitted by the appropriate board which complies with improved design, heating, cooling, ventilation, lighting, insulation and architectural standards provided by the State of Mississippi to promote maximum energy conservation in new and existing public buildings.

All applications from school districts shall conform to the plan of the school board.

HISTORY: Codes, 1942, § 6247-05; Laws, 1953, Ex Sess, ch. 13, § 5; Laws, 1978, ch. 503, § 4; Laws, 1986, ch. 492, § 159, eff from and after July 1, 1987.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Authorization of districts to participate in loan plan for modification of energy inefficient buildings, see §37-7-325.

Applications for expenditures, see §37-47-17.

Certain bonds and notes need not be included in computing limitations of indebtedness, see §37-59-9.

OPINIONS OF THE ATTORNEY GENERAL

Each county is required under Miss. Code Ann. §19-7-1 to build a jail within the corporate limits of the municipality where the courts are required to sit. A municipality is obligated to grant a special exception to its zoning ordinances unless it is determined, consistent with the facts, that construction of a county jail would create a public nuisance or a clear and present danger to the public health and welfare. Yancey, Mitchell, March 23, 2007, A.G. Op. #07-00120, 2007 Miss. AG LEXIS 75.

§ 37-47-17. Applications for expenditures.

Applications for the expenditure of funds to the credit of any school district in the state public school building fund shall originate with the school board of the school district entitled to such funds. Before any funds to the credit of a school district shall be expended for capital improvements or the retirement of outstanding bonded indebtedness, the school board of such school district shall prepare and submit an application in such form as may be prescribed by the commission. There shall be included with such application a statement in which there is set forth the enrollment and average daily attendance in the schools of the district divided as to schools and grades, the number of teachers employed, the facilities in use, the facilities to be provided with the funds to be expended, the outstanding school indebtedness, and such other information as the commission may require. Such application and statement shall be submitted directly to the commission and approved or disapproved by it. The decision of the commission shall be final, unless an appeal to the chancery court shall be taken in the manner provided by law. In the event any application shall be disapproved by the commission, the school board submitting same shall be notified of such disapproval, which notice of disapproval shall be accompanied by a statement of the reason or reasons for such disapproval.

The commission shall approve only those applications which are found to be proper under the provisions of this chapter and the applicable rules and regulations of the commission. When an application is approved for the expenditure of funds for capital improvements, the contract for the construction of such capital improvements shall be entered into and awarded by the school board of the school district in the manner provided in this chapter; however, the contract for construction of a secondary vocational and technical training center for exclusive use and operation by a school district may be entered into and awarded by the board of trustees of a junior college district where a grant of federal funds by the Appalachian Commission has been made to the board of trustees of such junior college district to assist in financing construction of such secondary vocational and technical training facility for such school district.

HISTORY: Codes, 1942, § 6247-06; Laws, 1953, Ex Sess, ch. 13, § 6; Laws, 1972, ch. 316, § 1; Laws, 1986, ch. 492, § 160, eff from and after July 1, 1987.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-19. Withdrawal of funds from public school building fund upon approval of expenditures.

Where the expenditure of any funds to which any school district may be entitled has been authorized, as provided in Section 37-47-17, such funds shall be withdrawn from the public school building fund by the commission and deposited in the school depository to the credit of the school district entitled thereto as a special fund to be known as the “Public School Building Fund” of the school district entitled thereto. Such money so deposited shall be paid out and expended in the same manner as may be now or hereafter provided by law for the expenditure of other school funds belonging to such district; however, where the contract for construction of a secondary vocational and technical training center shall have been entered into and awarded by the board of trustees of a junior college district as authorized by Section 37-47-29, the money so deposited in the public school building fund of the school district for which said facility is being constructed may be paid out and expended to pay a part of the cost of construction of such facility.

HISTORY: Codes, 1942, § 6247-06; Laws, 1953, Ex Sess, ch. 13, § 6; Laws, 1972, ch. 316, § 1; Laws, 1986, ch. 492, § 161, eff from and after July 1, 1987.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-21. Disposition of funds credited to school district which fails to apply for expenditure.

All funds, if any, which may accumulate in the state public school building fund under the provisions of this chapter because school districts entitled thereto do not make application for the expenditure of same for the purposes authorized by this chapter at the time same are credited to such school district may be used as a revolving fund for the purpose of making loans or advances to other school districts as is provided in Section 37-47-25.

HISTORY: Codes, 1942, § 6247-04; Laws, 1953, Ex Sess, ch. 13, § 4, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-23. Effect of insufficient funds in public school building fund.

When any school district holding certificates of credit shall desire to expend funds which have accumulated to its credit under the provisions of this chapter and the expenditure thereof has been approved by the commission but insufficient funds are available in the state public school building fund because of loans or advances having been made to other school districts, the commission shall forthwith transmit to the state bond commission its request for the issuance of state school bonds, as is otherwise provided in this chapter, in an amount sufficient to provide the funds to which the school district holding the certificate of credit is entitled, or such portion of such funds as such school district then desires to expend.

HISTORY: Codes, 1942, § 6247-04; Laws, 1953, Ex Sess, ch. 13, § 4, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Authority of state bond commission to issue state school bonds, see §37-47-33.

§ 37-47-25. Loans for capital improvements.

Whenever the State Department of Education shall determine that any school district is in need of capital improvements to an extent in excess of that which may be financed by the credit then due such school district by the department, the department shall be empowered to advance or lend said school district such sums as in the opinion of the department are necessary to be expended for capital improvements by said school district. Such loans or advances shall be evidenced by appropriate agreements, and shall be repayable in principal by the school district from the annual grants to which the school district shall become entitled and from such other funds as may be available. Such loans or advances shall not constitute a debt of the school district within the meaning of any provision or limitation of the Constitution or statutes of the State of Mississippi. The department shall not advance or lend to any school district any sum in excess of seventy-five percent (75%) of the estimated sum which will accrue to the said school district on account of grants to be made to the said school district within the twenty (20) years next following the date of the loan or advance. In determining the maximum allowable advance or loan, the department shall assume that the average daily attendance in the schools of the school district for the past preceding scholastic year as confirmed by the audit of average daily attendance made by the State Department of Audit will continue for the period during which the loan is to be repaid.

HISTORY: Codes, 1942, § 6247-07; Laws, 1953, Ex Sess, ch. 13, § 7; Laws, 1960, ch. 294, § 1; Laws, 1964, ch. 385, § 1; Laws, 1968, ch. 391, § 1; Laws, 1972, ch. 465, § 1; Laws, 1980, ch. 454, § 1; Laws, 1988, ch. 357; Laws, 1992, ch. 524, § 16; Laws, 1993, ch. 602, § 13; Laws, 1996, ch. 534, § 6, eff from and after July 1, 1996.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of that state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-27. Requirement of contracts for capital improvements.

All capital improvements by any school district which are financed in whole or in part with funds received from the state public school building fund pursuant to an application approved by the commission, shall be constructed by contract entered into and awarded by the board of trustees or other governing body of such school district. The awarding of such contract shall be in the sole province of such board of trustees or other governing body except as is herein provided. No such contract shall be entered into unless and until the site for the location of and the plans and specifications for the construction of the capital improvements shall have been approved by the commission. The commission shall not exclude from approval plans and specifications which involve the use of preengineered steel building systems. Plans and specifications for preengineered steel building systems, in order to be approved by the commission, must be submitted to and certified by an architect or professional engineer registered in the State of Mississippi and not an employee of the contractor, as meeting the minimum requirements of the local building, plumbing and electrical codes, the Southern Standard Building Code, Coastal Region Loading, the Metal Building Manufacturers Association, the American Institute of Steel Construction and the American Iron and Steel Institute, as to design, materials and construction.

HISTORY: Codes, 1942, § 6247-08; Laws, 1953, Ex Sess, ch. 13, § 8; Laws, 1971, ch. 455, § 1, eff from and after passage (approved March 26, 1971).

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws, 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Applications for expenditures, see §§37-47-17.

§ 37-47-29. Awarding of contracts for capital improvements.

All contracts for capital improvements by any school district which are financed in whole or in part with funds received from the state public school building fund pursuant to an application approved by the commission shall be awarded and entered into upon receipt of sealed bids or proposals after the time and place of letting such contracts and the manner of bidding has been duly advertised. The contract shall be let and awarded to the lowest and best bidder but the board of trustees or other governing body of the school district shall have the power to reject any and all bids. No such contract shall be finally awarded or entered into without the prior written approval of the commission. It is hereby expressly provided that in order to bid upon and be awarded contracts for the construction of school facilities under the provisions of this chapter, if such contract, subcontract or undertaking is less than Fifty Thousand Dollars ($50,000.00), it shall not be necessary that the bidder obtain a certificate of responsibility from the Board of Public Contractors under the provisions of Chapter 3, Title 31, of the Mississippi Code of 1972, or otherwise be qualified under said chapter, and none of the provisions of said chapter shall be applicable to such contracts for the construction of school facilities under the provisions hereof. Notwithstanding the foregoing provisions of this section or any other provisions of law, the contract for construction of a secondary vocational and technical training center for exclusive use and operation by a county school district may be entered into and awarded by the board of trustees of a junior college district where a grant of federal funds by the Appalachian Commission has been made to the board of trustees of such junior college district to assist in financing construction of such secondary vocational and technical training facility for such county school district.

HISTORY: Codes, 1942, § 6247-08; Laws, 1953, Ex Sess, ch. 13, § 8; Laws, 1971, ch. 455, § 1; Laws, 1972, ch. 316, § 2; Laws, 1996, ch. 534, § 7, eff from and after July 1, 1996.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Applications for expenditures, see §37-47-17.

§ 37-47-31. Continuation and functions of state bond commission.

The state bond commission now consisting of the governor, attorney general and treasurer of the State of Mississippi, each acting ex officio, is hereby continued in existence for the purpose of this chapter and with full power and authority to issue state school bonds to the extent, for the purposes, and in the manner and subject to the limitations set forth in this chapter.

HISTORY: Codes, 1942, § 6247-09; Laws, 1953, Ex Sess, ch. 13, § 9; Laws, 1955, Ex Sess, ch. 57.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-33. Authorization of issuance of bonds by state bond commission; limitation on amount of bonds.

For the purpose of (a) providing funds to enable the State Board of Education to make loans or advances to school districts as provided by Section 37-47-25, and for the purpose of (b) providing funds for the payment and redemption of certificates of credit issued to school districts under Section 37-47-23, when such funds are not otherwise available, or for the purpose of (c) providing funds in an amount not exceeding Twenty Million Dollars ($20,000,000.00) for the payment of allocations of Mississippi Adequate Education Program funds to school districts for capital expenditures approved by the State Board of Education which have not been pledged for debt by the school district, when such funds are not otherwise available, or for any of such purposes, the State Bond Commission is authorized and empowered to issue state school bonds under the conditions prescribed in this chapter. The aggregate principal amount of such bonds outstanding at any one (1) time, after deducting the amount of the sinking fund provided for the retirement of bonds issued for such purposes, shall never exceed the sum of One Hundred Million Dollars ($100,000,000.00). Within such limits, however, state school bonds may be issued from time to time under the conditions prescribed in this chapter. None of such bonds so issued shall have a maturity date later than July 1, 2021.

HISTORY: Codes, 1942, § 6247-10; Laws, 1953, Ex Sess, ch. 13, § 10; Laws, 1955, Ex Sess, ch. 64, § 1; Laws, 1960, ch. 294, § 2; Laws, 1964, ch. 385, § 2; Laws, 1968, ch. 391, § 2; Laws, 1972, ch. 465, § 2; Laws, 1978, ch. 503, § 4; Laws, 1980, ch. 454, § 2; Laws, 2001, ch. 518, § 2, eff from and after passage (approved Mar. 30, 2001.).

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Laws of 2001, ch. 518, was House Bill No. 776, 2001 Regular Session, and originally passed both Houses of the Legislature on March 24, 2001. The Governor vetoed House Bill 776 on March 30, 2001. The veto was overridden by the State Senate and by the State House of Representatives on March 30, 2001.

Amendment Notes —

The 2001 amendment inserted “(a)” preceding the first “providing funds” and “(b) ” preceding the second “providing funds,” substituted “Board of Education” for “educational finance commission,” substituted “the purpose of (c) providing funds” . . . “otherwise available, or for any” for “either or both,” deleted “hereby” following “Commission is,” and substituted “2021 ” for “2004” at the end of the section.

Cross References —

Additional powers conferred in connection with issuance of bonds, see §37-47-49.

Issuance of school bonds generally, see §§37-59-1 et seq.

Mississippi Adequate Education program, see §§37-151-1 et seq.

§ 37-47-35. Request for issuance of bonds.

Before any state school bonds are issued as authorized by this chapter, the state educational finance commission shall transmit to the state bond commission a request for the issuance thereof in the form of a resolution adopted by said state educational finance commission. Said request shall embody the following:

A schedule showing the aggregate of bonds issued pursuant to previous requests, the purposes for which the same were issued, the annual payments required to retire such bonds and the interest thereon, and the amount of sinking fund applicable to the retirement of such outstanding bonds;

The amount of bonds sought to be issued, the purpose or purposes for which such bonds are to be issued, and the amount intended for each purpose;

A schedule showing future annual principal requirements and estimated annual interest requirements on the bonds requested to be issued;

The estimated amount of the advances which the commission intends to make within the then current fiscal year;

The aggregate amount for which advances have been approved, but which await completion because the funds necessary to make the same are not available;

The aggregate amount of certificates of credit issued to school districts which are to be paid or redeemed by the commission with the proceeds of such bonds and for which no funds are otherwise available.

HISTORY: Codes, 1942, § 6247-11; Laws, 1953, Ex Sess, ch. 13, § 11, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the “State Educational Finance Commission” shall be abolished and functions and duties transferred to State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Issuance of school bonds generally, see §§37-59-1 et seq.

§ 37-47-37. Prerequisites to issuance of bonds.

If it shall appear to the satisfaction of the state bond commission from the request provided for in Section 37-47-35:

That the estimate of the needs for the then current fiscal year as shown pursuant to the requirement of Section 37-47-35, requires bonds to be issued in the amount requested; and

That the issue will be within the limitations prescribed by Section 37-47-33;

then it shall be the duty of the state bond commission to issue state school bonds in accordance with said request.

HISTORY: Codes, 1942, § 6247-12; Laws, 1953, Ex Sess, ch. 13, § 12; Laws, 1955, Ex Sess, ch. 56, § 1.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Issuance of school bonds generally, see §§37-59-1 et seq.

§ 37-47-39. Full faith and credit of state pledged to pay bonds.

For the purpose of paying the principal of and interest upon all state school bonds issued under the authority of this chapter, there shall be and there is hereby pledged the full faith, credit, and taxing power of the State of Mississippi.

HISTORY: Codes, 1942, § 6247-13; Laws, 1953, Ex Sess, ch. 13, § 13, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Issuance of school bonds generally, see §37-59-1 et seq.

§ 37-47-41. Execution of bonds; form, terms and conditions; redemption.

All state school bonds issued under the provisions of this chapter shall be signed by the governor, or by his facsimile signature, and attested by the secretary of state. The great seal of the State of Mississippi shall be affixed to or impressed upon each of them. Coupons attached to such bonds may bear only the facsimile signatures of both the governor and secretary of state. Subject to the provisions of this chapter the state bond commission shall have full discretion in providing for the issuance of such bonds and in fixing the terms and details thereof. Said state bond commission may provide for the issuance of such bonds in such form, either coupon or registered, with such registration privileges, and executed in such manner and payable in such medium and at such place or places, and containing such terms, covenants and provisions as the state bond commission may, by resolution or resolutions, provide. All or any part of the bonds issued under the authority of this chapter may be made optional for redemption prior to maturity in the discretion of the state bond commission, and in such case such bonds shall specify the manner in and premiums at which the bonds shall be so redeemable. Such bonds shall not be redeemable before maturity unless same expressly so provide.

HISTORY: Codes, 1942, § 6247-14; Laws, 1953, Ex Sess, ch. 13, § 14; Laws, 1958, ch. 293.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Issuance of school bonds generally, see §37-59-1 et seq.

§ 37-47-43. Printing of bonds; denominations; interest.

All bonds issued under the authority of this chapter shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting. Such bonds shall be issued in denominations as shall be specified by the State Bond Commission. No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The interest rate of any one (1) interest coupon shall not exceed eight percent (8%) except that the interest rate of any one (1) coupon issued after March 31, 1981, shall not exceed seven percent (7%).

HISTORY: Codes, 1942, § 6247-15; Laws, 1953, Ex Sess, ch. 13, § 15; Laws, 1973, ch. 313, § 1; Laws, 1980, ch. 438; Laws, 1993, ch. 472, § 1, eff from and after passage (approved March 27, 1993).

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-45. Maturity of bonds.

All bonds issued under the authority of this chapter shall mature annually. None of such bonds shall have a final maturity date of more than twenty (20) years from the date of the issuance thereof, and in no event shall the final maturity date of any such bonds be later than July 1, 2004. In issuing such bonds, the state bond commission shall be authorized and empowered to provide maturities therefor in such amounts and at such times as the state bond commission shall deem appropriate, proper and feasible. No bonds shall be issued and sold under the provisions of this chapter for less than par and accrued interest.

HISTORY: Codes, 1942, § 6247-16; Laws, 1953, Ex Sess, ch. 13, § 16; Laws, 1960, ch. 294, § 3; Laws, 1964, ch. 385, § 3; Laws, 1968, ch. 391, § 3; Laws, 1972, ch. 465, § 3; Laws, 1978, ch. 503, § 5, eff from and after July 1, 1978.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-47. Sale of bonds; disposition of proceeds of sale.

All state school bonds issued under the provisions of this chapter shall be sold by the said state bond commission upon sealed competitive bids or proposals after advertisement therefor and publication of the notice of such sale in the manner provided by law.

The proceeds of the sale of all state school bonds shall be placed in the “state public school building fund” and shall be expended only for the purposes authorized by this chapter. However, the premium, if any, received for any such bonds and the accrued interest paid thereon, if any, shall be placed in the sinking fund established for the payment of said bonds.

HISTORY: Codes, 1942, § 6247-17; Laws, 1953, Ex Sess, ch. 13, § 17, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-49. Interim certificates; supplemental powers conferred in issuance of bonds.

In anticipation of the issuance of any bonds authorized under the provisions of this chapter, the state bond commission may authorize and issue interim certificates payable to bearer or to the purchaser of the bonds. Such interim certificates may be in such form and may contain such terms, conditions, or provisions and such agreement or agreements relative to their discharge, either through payment or through the delivery of the bonds, as the commission, by resolution or resolutions, determines.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 6247-18; Laws, 1953, Ex Sess, ch. 13, § 18; Laws, 1983, ch. 494, § 14, eff from and after passage (approved April 11, 1983).

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-51. Negotiability of bonds and interim certificates.

All bonds issued under the provisions of this chapter and all interim certificates issued under the provisions of this chapter, except those fully registered, shall be fully negotiable within the meaning and for all the purposes of the Uniform Commercial Code.

HISTORY: Codes, 1942, § 6247-18; Laws, 1953, Ex Sess, ch. 13, § 18, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Law of negotiable instruments under the Uniform Commercial Code, see §§75-3-101 et seq.

§ 37-47-53. Exemption from taxation of bonds and interim certificates.

All bonds and interim certificates issued under the provisions of this chapter and all interest thereon and income therefrom shall be exempt from all taxation, except gift, transfer, and inheritance taxes.

HISTORY: Codes, 1942, § 6247-19; Laws, 1953, Ex Sess, ch. 13, § 19, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-55. Duties of state treasurer.

The state treasurer shall keep a record in his office of the issuance of all bonds issued under the provisions of this chapter, and he shall execute a certificate to that effect on the back of each bond, which certificate may be signed by either the original or the facsimile signature of the state treasurer. The state treasurer shall also keep proper records relating to the sale and issuance of bonds under the provisions of this chapter, and the amounts received therefor and paid into the state treasury for the purposes provided in this chapter. He shall also keep a full and complete record of all registered bonds issued under the provisions of this chapter.

HISTORY: Codes, 1942, § 6247-20; Laws, 1953, Ex Sess, ch. 13, § 20, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Duties of state treasurer generally, see §7-9-9.

§ 37-47-57. Payment of expenses of bond commission.

The state educational finance commission is hereby authorized and directed to pay, on approval of the governor, out of any funds derived from the issuance of state school bonds or otherwise in its hands and available for such purpose, any expense which may be incurred by the state bond commission or by the State of Mississippi or its officials in connection with the authorization and issuance of bonds and interim certificates under the provisions of this chapter, including the expense of preparing and delivering said bonds or interim certificates, legal fees, and all other expenses necessarily incurred in connection with the issuance, sale, and delivery of any such bonds and interim certificates.

HISTORY: Codes, 1942, § 6247-21; Laws, 1953, Ex Sess, ch. 13, § 21, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

§ 37-47-59. Validation of bond issues.

All bonds issued under the authority of this chapter may, in the discretion of the state bond commission, be validated in the chancery court of Hinds County, Mississippi, in the manner and with the force and effect now or hereafter provided by Chapter 13, Title 31, of the Mississippi Code of 1972. In the event of such validation, the necessary papers shall be transmitted to the state bond attorney by the secretary of said state bond commission and the required notice shall be addressed to the taxpayers of the State of Mississippi and shall be published in a newspaper of general circulation published in the City of Jackson, Mississippi.

HISTORY: Codes, 1942, § 6247-22; Laws, 1953, Ex Sess, ch. 13, § 22, eff from and after July 1, 1954.

Editor’s Notes —

Laws of 1990, ch. 588, § 74, repealed this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 588. However, funds were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the repeal of this section has not been implemented.

Cross References —

Validation of public bonds, see §§31-13-1 et seq.

§ 37-47-61. Sinking fund.

For the purpose of providing for the payment of the principal of and interest upon bonds issued under the provisions of this chapter according to the terms thereof, there shall be and there is hereby established in the state treasury a sinking fund for such payment. Said sinking fund shall consist of the premiums and accrued interest paid upon any such bonds so issued and of such other amount as shall be paid into such fund by appropriation or other authorization by the legislature. In cases where the loan or advance to a school district was made from the proceeds of bonds issued under the provisions of this chapter, the state educational finance commission shall annually pay into said sinking fund the amounts of annual grants to which any school district is entitled and which are used for the repayment of the principal of and interest upon a loan or grant made to such school district under the authority of Section 37-47-25. However, where the loan or advance was made from accumulations in the state public school building fund the amounts of the annual grants to which the school districts are entitled which are used for the repayment of principal of and interest upon such loan or grant shall be paid into the state public school building fund and not into the bond and interest sinking fund.

HISTORY: Codes, 1942, § 6247-23; Laws, 1953, Ex Sess, ch. 13, § 23, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-47-63. Construction of chapter; contract between bondholders and state.

In consideration of the acceptance and purchase of the bonds authorized under the provisions of this chapter, by those who shall hold the same from time to time, this chapter shall be deemed and shall constitute a contract between the State of Mississippi and such holders and shall be irrepealable until such time as all bonds and interim certificates issued under the provisions of this chapter shall have been fully paid.

HISTORY: Codes, 1942, § 6247-24; Laws, 1953, Ex Sess, ch. 13, § 24, eff from and July 1, 1954.

§ 37-47-65. Construction of chapter; power of school districts to raise funds.

Nothing in this chapter shall be construed to prohibit a school district from issuing its bonds, negotiable notes, or certificates of indebtedness for the purposes, in the manner, to the extent, and subject to the limitations provided by Sections 37-59-1 through 37-59-45, or any other applicable sections, and the authority granted by this chapter shall be construed as being additional, supplemental, and cumulative thereto. The proceeds of the sale of any such bonds, negotiable notes, or certificates of indebtedness so issued by any such school district may be used for the purpose for which they were issued and may be expended in conjunction with funds provided by the state educational finance commission under the provisions of this chapter, or may be expended without such funds, if same be not available.

HISTORY: Codes, 1942, § 6247-25; Laws, 1953, Ex Sess, ch. 13, § 25, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Issuance of school bonds generally, see §§37-59-1 et seq.

§ 37-47-67. Appeals.

Any county board of education or board of trustees of any school district, including a municipal separate school district, which may be aggrieved by any final rule, regulation, or order of the state educational finance commission adopted under the provisions of this chapter shall have the right to appeal therefrom to the chancery court of the county in which the school district involved or any part thereof is located in like manner, within the same time, with like effect, and subject in all other respects to appeals from orders, rules, and regulations of the state educational finance commission as provided in Chapter 45 of this Title, the provisions of which are hereby made applicable in all respects to appeals from orders, rules, and regulations of the commission under the provisions of this chapter.

HISTORY: Codes, 1942, § 6247-26; Laws, 1953, Ex Sess, ch. 13, § 26, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-3 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education and that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Appeals to Chancery court under Chapter 45: procedure, appeal bonds, record on appeal, see §§37-45-51 through37-45-59.

Appeals to Supreme Court under Chapter 45, see §37-45-61.

Chapter 49. Loans to Students

§ 37-49-1. Short title.

This chapter may be cited as the “Uniform Minor Student Capacity to Borrow Law.”

HISTORY: Codes, 1942, § 6232-101; Laws, 1970, ch. 270, § 1, eff from and after passage (approved March 3, 1970).

RESEARCH REFERENCES

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-49-3. Definitions.

As used in this chapter:

“person” means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

“educational institution” means a university, college, community college, junior college, high school, technical, vocational or professional school, or similar institution, wherever located, approved or accredited by the state department of education for the purposes of this chapter, or by the appropriate official, department or agency of the state in which the institution is located; and

“educational loan” means a loan or other aid or assistance for the purpose of furthering the obligor’s education at an educational institution.

HISTORY: Codes, 1942, § 6232-102; Laws, 1970, ch. 270, § 2, eff from and after passage (approved March 3, 1970).

Cross References —

Powers of the board of trustees of a community hospital or other health facility in a county or municipality to enter into loan or scholarship agreements for benefit of a hospital or health facility, see §41-13-35.

§ 37-49-5. Enforceability of written obligation of minor in consideration of educational loan.

Any written obligation that is not usurious signed by a minor sixteen or more years of age in consideration of an educational loan received by him from any person is enforceable as if he were an adult at the time of execution, but only if prior to the making of the educational loan an educational institution has certified in writing to the person making the educational loan that the minor is enrolled, or has been accepted for enrollment, in the educational institution and only if the making of said educational loan is approved in writing prior to the making thereof by at least one parent, legal guardian or person in loco parentis to said minor.

The laws of the State of Mississippi regarding usury shall be applicable regarding all such loans.

HISTORY: Codes, 1942, § 6232-103; Laws, 1970, ch. 270, § 3, eff from and after passage (approved March 3, 1970).

Cross References —

Eligibility for scholarships and loans based on compliance with federal Military Selective Service Act, see §37-101-283.

Powers of the board of trustees of a community hospital or other health facility in a county or municipality to enter into loan or scholarship agreements for benefit of a hospital or health facility, see §41-13-35.

Interest and usury, see §§75-17-1 et seq.

Chapter 51. Financial Assistance to Children Attending Nonsectarian Private Schools

§ 37-51-1. Legislative findings and declarations.

It is hereby determined and declared that the state reaffirms its commitment and dedication to public school education; that nothing contained in this chapter shall be construed in any manner whatever to be an abandonment or impairment of public school education in this state; that the state calls upon all public school trustees, administrators, teachers, parents, and the public at large to continue full support of the public school system of this state; and that, especially during these difficult times, all school officials, administrators, teachers and others with primary responsibility for the public school system merit and need continued support and encouragement in their efforts.

HISTORY: Codes, 1942, § 6248-122; Laws, 1969, Ex Sess, ch. 27, § 2, eff from and after passage (approved September 19, 1969).

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 468-470.

CJS.

78A C.J.S., Schools and School Districts §§ 1111-1116.

JUDICIAL DECISIONS

1. In general.

A state statute under which teachers of secular subjects in church-related elementary schools might receive up to a 15% annual salary supplement, which statute required that the teacher be employed in a nonpublic school at which the average per-pupil expenditure on secular education was less than the public school average, that the nonpublic schools financial records be subject to audit by the state, that the teacher teach only subjects offered in public schools and using public school teaching materials, and agree in writing not to teach a course in religious instruction while receiving salary supplements, was unconstitutional under the religion clauses of the First Amendment, as fostering, by its cumulative impact, excessive entanglement between government and religion. Lemon v. Kurtzman, 403 U.S. 602, 91 S. Ct. 2105, 29 L. Ed. 2d 745, 1971 U.S. LEXIS 19 (U.S. 1971).

A state statute under which financial aid was furnished to church-related elementary and secondary schools by way of the state’s “purchase” of certain “secular educational services” by reimbursing the schools for the cost of teachers’ salaries, textbooks and other materials in specified secular subjects, which statute provided that the nonpublic school seeking reimbursement maintain prescribed accounting procedures, that the accounts be subject to audit by the state, that books and other instructional materials be approved by the state, and prohibited reimbursement for any course containing subject matter expressing religious teaching or the morals or form of worship of any sect, was unconstitutional under the religion clauses of the First Amendment, as fostering, by its cumulative impact, excessive entanglement between government and religion. Lemon v. Kurtzman, 403 U.S. 602, 91 S. Ct. 2105, 29 L. Ed. 2d 745, 1971 U.S. LEXIS 19 (U.S. 1971).

The Higher Education Facilities Act of 1963 (20 USCS §§ 701-758), insofar as it authorizes federal aid to church-related colleges and universities by way of construction grants for buildings and facilities to be used exclusively for secular educational purposes, does not violate the religion clauses of the First Amendment. Tilton v. Richardson, 403 U.S. 672, 91 S. Ct. 2091, 29 L. Ed. 2d 790, 1971 U.S. LEXIS 20 (U.S. 1971).

The provisions of the higher education facilities act (20 USCS § 754) limiting to a 20-year period the government’s interest in federally financed college or university facilities, which facilities must be used solely for secular educational purposes, and thereby allowing a church-related institution to use such facilities for sectarian instruction or religious worship after the expiration of 20 years, violate the religion clauses of the First Amendment, since it cannot be assumed that a building has no value after 20 years, so that the unrestricted use of it is, in effect, a contribution of value to a religious body, advancing religion. Tilton v. Richardson, 403 U.S. 672, 91 S. Ct. 2091, 29 L. Ed. 2d 790, 1971 U.S. LEXIS 20 (U.S. 1971).

§ 37-51-3. Administration of chapter.

The terms and provisions of this chapter shall be administered and executed by the state educational finance commission. For the purpose of this chapter, the term “commission” shall mean “state educational finance commission” except where the context clearly indicates otherwise.

HISTORY: Codes, 1942, § 6248-121; Laws, 1969, Ex Sess, ch. 27, § 1, eff from and after passage (approved September 19, 1969).

Editor’s Notes —

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Duty of State Board of Education to administer and execute laws pertaining to state aid for construction of school facilities, see §37-47-1 et seq.

§ 37-51-5. State educational loan fund created.

There shall be, and there is hereby, created in the state treasury, a special fund to be known as the “state educational loan fund.” The said fund shall consist of such amounts as may be paid into said fund by appropriation and also such amounts as may be returned to said fund as repayments, both principal and interest, from loans provided for in this chapter.

HISTORY: Codes, 1942, § 6248-123; Laws, 1969, Ex Sess, ch. 27, § 3, eff from and after passage (approved September 19, 1969).

§ 37-51-7. General powers and duties of commission.

It shall be the duty of the commission to receive and pass upon, allow or disallow, all applications for loans made by students who desire to receive a secular education in any of the grades one through twelve in any school in this state constituting a bona fide school as defined in a general regulation of the commission, other than in the free public school system of this state, and who are acceptable for enrollment in any approved nonfree school system. The commission may make such investigation into the financial status of the parents of such students who apply for loans as it deems advisable, to determine the extent of the need for said loan. The commission may prescribe such rules and regulations as it may deem necessary and proper to carry out the purposes of this chapter.

The commission shall have the authority to grant loans from the “state educational loan fund” to such applicants as are qualified to receive them and on such terms as may be prescribed by regulation of the commission and by this chapter.

HISTORY: Codes, 1942, § 6248-124; Laws, 1969, Ex Sess, ch. 27, § 4, eff from and after passage (approved September 19, 1969).

Editor’s Notes —

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

Am. Jur.

68 Am. Jur. 2d, Schools §§ 468-470.

CJS.

78A C.J.S., Schools and School Districts §§ 1111-1116.

§ 37-51-9. “Secular education of children” defined.

The “secular education of children” as used in this chapter shall mean the education of children in those subjects, and only those subjects, which are required to be taught by state law to the same extent as those subjects are taught in the public schools of the state or which are provided in public schools throughout the state; it shall not include the education of children in any course in religion or any course expressing religious teaching or the morals or forms of worship of any sect.

HISTORY: Codes, 1942, § 6248-126; Laws, 1969, Ex Sess, ch. 27, § 6, eff from and after passage (approved September 19, 1969).

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

Constitutionality of teaching or suppressing teaching of Biblical creationism or Darwinian evolution theory in public schools. 102 A.L.R. Fed. 537.

Constitutionality of teaching or otherwise promoting secular humanism in public schools. 103 A.L.R. Fed. 538.

Lawyers’ Edition.

Establishment and free exercise of religion clauses of Federal Constitution’s first Amendment as applied to public schools – Supreme Court Cases. 96 L. Ed. 2d 828.

§ 37-51-11. Eligibility for loans.

In addition to the requirements set out in Section 37-51-7, to be eligible for a loan an applicant must:

Be a bona fide actual resident of the State of Mississippi; and

Attend any bona fide approved nonfree elementary or secondary school.

HISTORY: Codes, 1942, § 6248-125; Laws, 1969, Ex Sess, ch. 27, § 5, eff from and after passage (approved September 19, 1969).

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

Code 1942, § 6248-101. The statute providing for state financial assistance in the form of tuition grants to students attending private schools encourages, facilitates, and supports the establishment of private schools operated on a racially segregated basis as an alternative available to white students seeking to avoid desegregated public schools, and such state tuition grants tend in a determinative degree to perpetuate segregation, thereby violating the equal protection clause of the Fourteenth Amendment. Coffey v. State Educational Finance Com., 296 F. Supp. 1389, 1969 U.S. Dist. LEXIS 10508 (S.D. Miss. 1969).

§ 37-51-13. Applications for loans; certifications; transfers.

An applicant shall not have to submit but one initial application for a loan; thereafter, he or she shall file a request for each additional year’s loan amount up to the maximum amount allowed. Accompanying each said request shall be a certification from the school which applicant is attending certifying that the applicant is in attendance and in good standing.

Each application by or on behalf of said student shall be signed by and be made also in the name of the parent or legal guardian of said student if he or she be a minor. However, the parent or legal guardian shall not be considered the applicant for the purposes of the limitations in Section 37-51-15.

In the event that the applicant transfers to another approved school within the state, he shall cause the certification to immediately go forth to the commission, setting out the school from which and to which he has transferred.

HISTORY: Codes, 1942, §§ 6248-126, 6248-127; Laws, 1969, Ex Sess, ch. 27, §§ 6, 7, eff from and after passage (approved September 19, 1969).

Editor’s Notes —

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

§ 37-51-15. Limitations on amounts of loans.

Applicants who are granted loans may receive a loan in any amount, not exceeding two thousand four hundred dollars ($2,400.00) to any one applicant. Said amount is to be paid in annual, semiannual or quarterly installments not exceeding two hundred dollars ($200.00) per school year, and shall be used to defray part of the applicant’s tuition and other costs of attending said schools. The loans herein provided shall not exceed the limitations set out above, but they may be for any such lesser amounts as may be required.

HISTORY: Codes, 1942, § 6248-126; Laws, 1969, Ex Sess, ch. 27, § 6, eff from and after passage (approved September 19, 1969).

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

§ 37-51-17. Contract agreeing to terms and conditions of loans; suits on contracts.

Each applicant, if an adult, or his parent or legal guardian in his behalf, if a minor, before being granted a loan shall enter into a contract with the State of Mississippi agreeing to the terms and conditions upon which the loan shall be made. Said contract shall include such terms and conditions as are necessary to carry out the full purpose and intent of this chapter. The form of said contract shall be prepared and approved by the attorney general of this state, and said contract shall be signed by the executive secretary of the commission.

The commission is hereby vested with full and complete authority to sue in its own name any applicant for any balance due the state on any such contract. Such suit shall be filed and conducted by the attorney general of the State of Mississippi, or by private counsel, which the commission is hereby authorized to employ for such purpose.

HISTORY: Codes, 1942, § 6248-127; Laws, 1969, Ex Sess, ch. 27, § 7, eff from and after passage (approved September 19, 1969).

Editor’s Notes —

Section 37-45-3 provides that all references in laws of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

Suits by state attorney general generally, see §§7-5-37,7-5-39.

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

§ 37-51-19. Repayment of loans.

Any loans made or granted to any applicant shall be made and based upon the following conditions of repayment:

Repayment in full of the principal of the loan may be made at any time prior to three years after graduation from or termination of attendance in an approved school, plus simple interest at the rate of three percent per annum from the date of each payment made to applicant.

Repayment of the principal of the loan after three years from the date of graduation from or termination of attendance in an approved school shall be with interest at the rate of four percent per annum from the date of each payment made to applicant. From and after the fourth year following graduation or termination of attendance in an approved school, the rate of interest to be paid on the remaining unpaid balance, after such fourth year, shall increase at the rate of one-half percent per annum to a maximum of eight percent.

No applicant shall be entitled to more than twelve years after said graduation or termination of attendance in an approved school within which to repay said loan.

HISTORY: Codes, 1942, § 6248-128; Laws, 1969, Ex Sess, ch. 27, § 8, eff from and after passage (approved September 19, 1969).

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

§ 37-51-21. Reduction of loans.

The amount of any loan made or granted to any applicant shall be reduced by a credit at the rate of one hundred dollars ($100.00) per annum for each year from and after five years from the initial date of the granting of said loan that applicant continues to reside in the State of Mississippi.

In addition, the amount of said loan shall be reduced by a credit at the rate of one hundred dollars ($100.00) per annum for each year that applicant continues his education at any junior college, college or university within the State of Mississippi after his graduation or termination from secondary school.

In addition, the amount of said loan shall be reduced by a credit at the rate of two hundred dollars ($200.00) per annum for each year that applicant resides within the state and teaches in any school system therein, beginning from the date of his certification or licensing by the state department of education to teach in any such system.

HISTORY: Codes, 1942, § 6248-128; Laws, 1969, Ex Sess, ch. 27, § 8, eff from and after passage (approved September 19, 1969).

RESEARCH REFERENCES

ALR.

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs. 48 A.L.R.4th 1231.

Chapter 53. Summer Normals [Repealed]

§§ 37-53-1 through 37-53-7. Repealed.

Repealed by Laws of 2016, ch. 352, § 1, effective July 1, 2016.

§37-53-1. [Codes, 1930, § 6742; 1942, § 6580; Laws, 1924, ch. 283; Laws, 1930, ch. 278.]

§37-53-3. [Codes, 1930, § 6742; 1942, § 6581; Laws, 1924, ch. 283; Laws, 1930, ch. 278.]

§37-53-5. [Codes, 1930, § 6742; 1942, § 6582; Laws, 1924, ch. 283; Laws, 1930, ch. 278.]

§37-53-7. [Codes, 1930, § 6742; 1942, § 6583; Laws, 1924, ch. 283; Laws, 1930, ch. 278.]

Editor’s Notes —

Former §37-53-1 related to when and how a teachers’ institute or summer school could be held each year.

Former §37-53-3 related to payment of expenses from the institute or summer school fund.

Former §37-53-5 related to the issuance of pay certificates if the amount of the institute or summer school fund is insufficient to defray the cost of holding the institute or summer school.

Former §37-53-7 related to the disposition of surplus institute or summer school funds.

Chapter 55. School Libraries

§ 37-55-1. County library commission; annual library report.

The county superintendent of education shall name two first grade teachers who, together with the county superintendent, shall constitute a county library commission. It shall be the duty of this commission to name a list of books suited for school libraries, and all books purchased under this chapter shall be selected from this list. It shall be the duty of this commission to make rules and regulations to govern and control the use of such libraries in the county, and the commission shall name a local manager of each library who shall make a report every year to the county commission of all books purchased during the year, of the money on hand at the time of the report, together with the amount expended for library purposes. The county superintendent shall keep a list of books purchased by the several libraries of his county and make a library report to the state superintendent of education annually with the county school report.

HISTORY: Codes, 1930, § 6787; 1942, § 6630; Laws, 1924, ch. 283; Laws, 1930, ch. 278; Laws, 1970, ch. 386, § 1, eff from and after July 1, 1970.

Cross References —

Duties of state library commission, see §39-3-107.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts § 556.

§ 37-55-3. Grants of aid to school libraries from school funds.

When any public free school in this state shall raise not less than ten dollars by subscription or otherwise for a library for such school, and shall furnish suitable bookcases with lock and key, the superintendent of education of the county where such subscription is raised may issue his certificate for a like amount not exceeding twenty-five dollars in favor of such school, to be paid out of the common school fund of that county. In no case shall the amount given by the county in any one year exceed two hundred and fifty dollars. No school shall receive a second donation from the school fund for library purposes so long as there are any new applications from schools that have not been supplied.

HISTORY: Codes, 1930, § 6786; 1942, § 6629; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Exemption of public library property from state, county and municipal taxation, see §27-31-21.

Establishment and maintenance of free public libraries generally, see §39-3-1.

Funds for establishment and maintenance of free public libraries, see §39-3-3.

County and municipal taxes for support of free public libraries, see §§39-3-5,39-3-7.

Regional libraries, see §39-3-9.

RESEARCH REFERENCES

CJS.

78 C.J.S., Schools and School Districts § 556.

§ 37-55-5. Appropriations by county boards of supervisors for support of libraries.

The board of supervisors of any county is authorized, in its discretion, to appropriate a sum not to exceed three thousand dollars per annum towards the support of public libraries, including circulating school libraries, in said county.

In counties where the enumeration of educable children is shown by the most recent census to be 10,000 or more, the board of supervisors may, in its discretion, appropriate an amount not to exceed ten thousand dollars annually, towards the support of public or school libraries.

HISTORY: Codes, 1930, § 6788; 1942, § 6631; Laws, 1930, ch. 278.

Cross References —

Funds for establishment and maintenance of free public libraries, see §39-3-3.

County taxes for support of free public libraries, see §39-3-5.

Chapter 57. Taxation

Tax Levy for Support of Adequate Education Program

§ 37-57-1. Tax levy by counties for adequate education program.

    1. The boards of supervisors of the counties shall levy and collect all taxes for and on behalf of all school districts which were within the county school system or designated as special municipal separate school districts prior to July 1, 1986. Such 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 governing authorities of the municipalities shall levy and collect all taxes for and on behalf of all school districts which were designated as municipal separate school districts prior to July 1, 1986. Such taxes shall be collected by the municipal tax collector at the same time and in the same manner as municipal taxes are collected by him, and the same penalties for delinquency shall be applicable.

      Except as otherwise provided in Section 19-9-171, the county or municipal tax collector, as the case may be, shall pay such 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 school board of the appropriate school district at the same time and in the same manner as the tax collector makes his payments and reports of other taxes collected by him.

      Provided, however, the State Board of Education shall determine the appropriate levying authority for any school district created or reorganized after July 1, 1987.

    2. 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 or the governing authorities of the municipality, whichever levies taxes for and on behalf of the particular school district as provided in paragraphs (a) and (b) of this subsection.
  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 such school district, whichever is a lesser amount, upon all of the taxable property of the 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. Provided, however, that 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 pursuant to Sections 37-57-1 and 37-57-105 to decrease its millage rate to fifty-five (55) mills or less. In making such 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 such levy shall be equal to the amount which the school district is required to contribute as its said 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 such 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 said 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 such fund for the purpose of refunding any amount of taxes erroneously or illegally paid into such fund where such refund has been approved in the manner provided by law.

HISTORY: Codes, 1942, § 6518-01; Laws, 1954, ch. 261, § 1; Laws, 1986, ch. 492, § 162; Laws, 1988, ch. 466, § 10; Laws, 1988 Ex Sess, ch. 30, § 1; Laws, 1990, ch. 495, § 1; Laws, 1997, ch. 612, § 22; Laws, 2007, ch. 533, § 3, eff from and after passage (approved Apr. 18, 2007.).

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Laws of 2007, ch. 533, § 6 provides as follows:

“SECTION 6. Section 5 of this act shall take effect and be in force from and after October 1, 2007. The remainder of this act shall take effect and be in force from and after its passage.”

Amendment Notes —

The 2007 amendment added “Except as otherwise provided in Section 19-9-171” at the beginning of the next-to-last paragraph of (1)(a).

Cross References —

Homestead exemptions, see §27-33-3.

Provision that board of supervisors of county may authorize general fund expenditures for school purposes when necessary to meet the minimum local ad valorem tax effort required by this section, see §27-39-303.

Levy of county taxes for school purposes, see §27-39-317.

Authority of school district to purchase commodities from vendors with which any levying authority of the school district, as defined in this section, has contracted, see §31-7-12.

Provision of the Emergency School Leasing Authority Act of 1986, to effect that total annual lease payments over a five-year period shall not exceed ten percent of the total annual revenues produced under this section and §§37-7-739, and37-57-105, see §37-7-359.

Application of this section to contracts entered into by school boards after July 1, 1987, see §37-7-409.

Funds for joint construction of buildings or operation of schools, see §37-7-409.

Payment to charter schools of pro rata ad valorem receipts and in-lieu payments per pupil for the support of local school district under this section, see §37-28-55.

Levy by board of supervisors to cover expenses, funds for which are not provided by minimum program fund allotments, see §37-57-105.

Limitation on increases of taxes levied for school district purposes and disposition of excess revenue, see §37-57-107.

Levy of a special tax on property within the school district, see §37-59-23.

Investment of excess or surplus funds by levying authority, see §37-59-43.

Penalties for failure to comply with provisions of this section, see §37-61-27.

OPINIONS OF THE ATTORNEY GENERAL

Clear intent of Mississippi Code Annotated Section 37-57-1(2) is to provide means to offset entire cost of collection incurred by municipality and if levy produces funds in excess of actual cost of collection, excess must be taken into consideration by reducing levy for following year by an appropriate amount and conversely, any deficit may be considered in determining necessary levy to offset cost of collection in following year to insure that entire expense of such collection each year is paid from proceeds of levy. Austin, Jan. 5, 1994, A.G. Op. #93-0979.

A school district may not lawfully reserve/segregate ad valorem tax receipts (attributed to a specific tax payer) in a permanent trust fund. Pate, January 15, 1999, A.G. Op. #98-0775.

It is the municipality that is authorized and empowered to grant a fee in lieu of taxes with regard to a municipal separate school district. Pittman, Nov. 10, 2000, A.G. Op. #2000-0670.

Although a proposed industrial development is located outside the corporate limits of a municipality, a county board of supervisors does not have the authority to levy an ad valorem school tax when the site is within the municipal separate school district. The municipality has sole jurisdiction in levying a school tax on property located within the municipal separate school district. Allen, Mar. 3, 2004, A.G. Op. 04-0041.

RESEARCH REFERENCES

ALR.

Validity of basing public school financing system on local property taxes. 41 A.L.R.3d 1220.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 58 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 789 et seq.

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

School district and a city had standing to sue a county board of supervisors to challenge its approval of tax assessments on a company’s leasehold interest in property because they experienced an adverse effect from the board’s conduct, and that adverse effect was different from that experienced by the general public; both the district and the city had statutory duties associated with the taxes, and their funding was reduced by any allegedly improperly low tax assessment. Pascagoula- Gautier Sch. Dist. v. Bd. of Supervisors, 212 So.3d 742, 2016 Miss. LEXIS 437 (Miss. 2016).

Where plaintiff parent sued defendant school district in state court alleging her child was sexually assaulted at school and obtained a judgment under the Mississippi Tort Claims Act, her later claims in federal court were properly held as barred due to res judicata; while school districts’ sources of funding under Miss. Code Ann. §§37-45-21,37-47-1 et seq.,37-57-1,37-59-3, and37-151-7 were equally divided between local school districts and the state under Miss. Code Ann. §§11-46-7,11-46-16(2), and11-46-17(2), any judgment against the school district would be paid through the Tort Claims Fund and excess liability insurance, and thus, the school district was not considered an arm of the state entitled to Eleventh Amendment immunity. Black v. N. Panola Sch. Dist., 461 F.3d 584, 2006 U.S. App. LEXIS 21259 (5th Cir. Miss. 2006).

The Rankin County school system is a locally controlled institution which is supported largely by local revenues and, therefore, the Eleventh Amendment does not bar the award of back pay to teachers who were reinstated pursuant to the district court’s order in a school desegregation case. Adams v. Rankin County Bd. of Education, 524 F.2d 928, 1975 U.S. App. LEXIS 11706 (5th Cir. Miss. 1975), cert. denied, 438 U.S. 904, 98 S. Ct. 3121, 57 L. Ed. 2d 1146, 1978 U.S. LEXIS 2365 (U.S. 1978).

§§ 37-57-3 through 37-57-7. Repealed.

Repealed by Laws, 1986, ch. 492, § 189, eff from and after July 1, 1987.

§37-57-3. [Codes, 1942, § 6518-02; Laws, 1954, ch. 261, § 2]

§37-57-5. [Codes, 1942, § 6518-03; Laws, 1954, ch. 261, § 3]

§37-57-7. [Codes, 1942, § 6518-04; Laws, 1954, ch. 261, § 4; Laws, 1958, ch. 305]

Editor’s Notes —

Former §37-57-3 provided tax levy by municipalities for minimum education program. For present similar provisions, see §37-57-1.

Former §37-57-5 provided for borrowing money where tax does not equal required amount.

Former §37-57-7 stated the effect of deficiency or surplus in amount of ad valorem tax collected by county or municipal school district.

Additional Tax Levy to Cover Expenses, Funds for Which Are Not Provided by Minimum Education Program [Repealed]

§§ 37-57-21 through 37-57-35. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

§§37-57-21 through37-57-25. [Codes, 1942, § 6518-05; Laws, 1954, ch. 261, § 5; Laws, 1956, ch. 274, §§ 1, 2; Laws, 1962, ch. 359]

§37-57-27. [Codes, 1942, § 6518-05; Laws, 1954, ch. 261, § 5; Laws, 1956, ch. 274, §§ 1, 2; Laws, 1962, ch. 359; Laws, 1975, ch. 411; Laws, 1977, ch. 324]

§37-57-29 through37-57-33. [Codes, 1942, § 6518-05; Laws, 1954, ch. 261, § 5; Laws, 1956, ch. 274, §§ 1, 2; Laws, 1962, ch. 359]

§37-57-35. [Codes, 1942, § 6518-06; Laws, 1954, ch. 261, § 6]

Editor’s Notes —

Former §37-57-21 provided for levy by board of supervisors upon request of board of trustees of school districts.

Former §37-57-23 provided for election on tax question upon board’s failure to levy full amount requested or reduction of existing levy.

Former §37-57-25 provided for election to reduce levy pursuant to board’s order or electorate petition.

For present provisions similar to §§37-57-21 through37-57-25, see §§37-57-105 and37-57-107.

Former §37-57-27 provided for levy by board of supervisors for benefit of certain consolidated school districts.

Former §37-57-29 stated the procedure when tax pursuant to former §37-57-27 was levied in home county of a line school district.

Former §37-57-31 provided for levy of additional tax where levy under former §37-57-27 was less than levy under §§37-57-21 to37-57-25.

Former §37-57-33 provided that former §§37-57-21 to37-57-31 were supplemental; also provided for twenty-five mill limitation on tax levies in school districts.

For present provisions similar to §§37-57-29 through37-57-33, see §§37-57-105 and37-57-107.

Former §37-57-35 provided for levy by municipal governing authorities for benefit of municipal separate school districts.

Additional Tax Levy Upon Petition of Board of Trustees of School Districts [Repealed]

§§ 37-57-51 through 37-57-53. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

§37-57-51. [Codes, 1942, §§ 6518-07, 6518-07.5; Laws, 1954, ch. 261, § 7; Laws, 1962, ch. 360, §§ 1, 3]

§37-57-53. [Codes, 1942, § 6518-10; Laws, 1954, ch. 261, § 10]

Editor’s Notes —

Former §37-57-51 provided for levy by boards of supervisors or municipal governing authorities upon petition of school boards of trustees.

Former §37-57-53 stated the procedure where tax was sought in district lying in two or more counties.

Additional Tax Levy for General School Purposes [Repealed]

§ 37-57-61. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

[Codes, 1942, § 6518-05.5; Laws, 1968, ch. 407, §§ 1-3]

Editor’s Notes —

Former §37-57-61 provided for levy by boards of supervisors or municipal governing authorities for general school purposes.

Additional Tax Levy for Benefit of Consolidated School Districts [Repealed]

§ 37-57-71. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

[Codes, 1942, § 6518-05.7; Laws, 1970, ch. 357, §§ 1-3]

Editor’s Notes —

Former §37-57-71 provided for levy by boards of supervisors for benefit of consolidated school districts.

Additional Tax Levy for Increasing Teachers’ Salaries [Repealed]

§ 37-57-81. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

[Codes, 1942, §§ 6518-06.5, 6518-06.7, 6518-06.9; Laws, 1966, ch. 314, §§ 1, 2; ch. 434, §§ 1-4; Laws, 1968, ch. 299, §§ 1-3; Laws, 1970, ch. 382, § 1]

Editor’s Notes —

Former §37-57-81 provided for levy by boards of supervisors or municipal governing authorities for increase of teachers’ salaries.

Additional Tax Levy for Capital Outlay and Non-maintenance Operations [Repealed]

§ 37-57-91. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

[Codes, 1942, § 6519.5; Laws, 1955, Ex Sess, ch. 59, §§ 1, 2]

Editor’s Notes —

Former §37-57-91 provided for levy by boards of supervisors or municipal governing authorities for capital outlay or non-maintenance operations.

Additional Tax Levy to Support School Districts’ Expenditures

§§ 37-57-101 through 37-57-103. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

§37-57-101. [Codes, 1942, §§ 6518-21, 6518-22, 6518-23, 6518-24, 6518-26; Laws, 1968, ch. 421, §§ 1-4, 6; Laws, 1969, Ex Sess, ch. 29, § 1]

§37-57-103. [Codes, 1942, § 6518-25; Laws, 1968, ch. 421, § 5]

Editor’s Notes —

Former §37-57-101 provided for additional levy by boards of supervisors or municipal governing authorities to support school districts’ expenditures.

Former §37-57-103 provided for elections to approve additional levies under provisions of former §37-57-101.

For present similar provisions, see §§37-57-105 through37-57-107.

§ 37-57-104. Ad valorem tax effort; calculation of millage rate.

  1. Each school board shall submit to the levying authority for the school district a certified copy of an order adopted by the school board requesting an ad valorem tax effort in dollars for the support of the school district. The copy of the order shall be submitted by the school board when the copies of the school district’s budget are filed with the levying authority pursuant to Section 37-61-9. Upon receipt of the school board’s order requesting the ad valorem tax effort in dollars, the levying authority shall determine the millage rate necessary to generate funds equal to the dollar amount requested by the school board. For the purpose of calculating this millage rate, any additional amount that is levied pursuant to Section 37-57-105(1) to cover anticipated delinquencies and costs of collection or any amount that may be levied for the payment of the principal and interest on school bonds or notes shall be excluded from the limitation of fifty-five (55) mills provided for in subsection (2) of this section.
    1. Except as otherwise provided under paragraph (b) or (c) of this subsection, if the millage rate necessary to generate funds equal to the dollar amount requested by the school board is greater than fifty-five (55) mills, and if this millage rate is higher than the millage then being levied pursuant to the school board’s order requesting the ad valorem tax effort for the currently existing fiscal year, then the levying authority shall call a referendum on the question of exceeding, during the next fiscal year, the then existing millage rate being levied for school district purposes. The referendum shall be scheduled for not more than six (6) weeks after the date on which the levying authority receives the school board’s order requesting the ad valorem tax effort.

      When a referendum has been called, notice of the referendum shall be published at least five (5) days per week, unless the only newspaper published in the school district is published less than five (5) days per week, for at least three (3) consecutive weeks, in at least one (1) newspaper published in the school district. The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the referendum, and the last publication shall be made not more than seven (7) days before that date. If no newspaper is published in the school district, then the notice shall be published in a newspaper having a general circulation in the school district. The referendum shall be held, as far as is practicable, in the same manner as other referendums and elections are held in the county or municipality. At the referendum, all registered, qualified electors of the school district may vote. The ballots used at the referendum shall have printed thereon a brief statement of the amount and purpose of the increased tax levy and the words “FOR INCREASING THE MILLAGE LEVIED FOR SCHOOL DISTRICT PURPOSES FROM (MILLAGE RATE CURRENTLY LEVIED) MILLS TO (MILLAGE RATE REQUIRED UNDER SCHOOL BOARD’S ORDER) MILLS,” and “AGAINST INCREASING THE MILLAGE LEVIED FOR SCHOOL DISTRICT PURPOSES FROM (MILLAGE RATE CURRENTLY LEVIED) MILLS TO (MILLAGE RATE REQUIRED UNDER SCHOOL BOARD’S ORDER) MILLS.” The voter shall vote by placing a cross (X) or checkmark (Π) opposite his choice on the proposition.

      If a majority of the registered, qualified electors of the school district who vote in the referendum vote in favor of the question, then the ad valorem tax effort in dollars requested by the school board shall be approved. However, if a majority of the registered, qualified electors who vote in the referendum vote against the question, the millage rate levied by the levying authority shall not exceed the millage then being levied pursuant to the school board’s order requesting the ad valorem tax effort for the then currently existing fiscal year.

      Nothing in this subsection shall be construed to require any school district that is levying more than fifty-five (55) mills pursuant to Sections 37-57-1 and 37-57-105 to decrease its millage rate to fifty-five (55) mills or less. Further, nothing in this subsection shall be construed to require a referendum in a school district where the requested ad valorem tax effort in dollars requires a millage rate of greater than fifty-five (55) mills but the requested dollar amount does not require any increase in the then existing millage rate. Further, nothing in this subsection shall be construed to require a referendum in a school district where, because of a decrease in the assessed valuation of the district, a millage rate of greater than fifty-five (55) mills is necessary to generate funds equal to the dollar amount generated by the ad valorem tax effort for the currently existing fiscal year.

    2. Provided, however, that 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.
    3. If the levying authority for any school district lawfully has decreased the millage levied for school district purposes, but subsequently determines that there is a need to increase the millage rate due to a disaster in which the Governor has declared a disaster emergency or the President of the United States has declared an emergency or major disaster, then the levying authority may increase the millage levied for school district purposes up to an amount that does not exceed the millage rate in any one (1) of the immediately preceding ten (10) fiscal years without any referendum that otherwise would be required under this subsection.
  3. If the millage rate necessary to generate funds equal to the dollar amount requested by the school board is equal to fifty-five (55) mills or less, but the dollar amount requested by the school board exceeds the next preceding fiscal year’s ad valorem tax effort in dollars by more than four percent (4%), but not more than seven percent (7%) (as provided for under subsection (4) of this section), then the school board shall publish notice thereof at least five (5) days per week, unless the only newspaper published in the school district is published less than five (5) days per week, for at least three (3) consecutive weeks in a newspaper published in the school district. The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication shall be made not less than fifteen (15) days before the final adoption of the budget by the school board. If no newspaper is published in the school district, then the notice shall be published in a newspaper having a general circulation in the school district. If at any time before the adoption of the budget a petition signed by not less than twenty percent (20%) or fifteen hundred (1500), whichever is less, of the registered, qualified electors of the school district is filed with the school board requesting that a referendum be called on the question of exceeding the next preceding fiscal year’s ad valorem tax effort in dollars by more than four percent (4%), then the school board shall adopt, not later than the next regular meeting, a resolution calling a referendum to be held within the school district upon the question. The referendum shall be called and held, and notice thereof shall be given, in the same manner provided for in subsection (2) of this section. The ballot shall contain the language “FOR THE SCHOOL TAX INCREASE OVER FOUR PERCENT (4%)” and “AGAINST THE SCHOOL TAX INCREASE OVER FOUR PERCENT (4%).” If a majority of the registered, qualified electors of the school district who vote in the referendum vote in favor of the question, then the increase requested by the school board shall be approved. For the purposes of this subsection, the revenue sources excluded from the increase limitation under Section 37-57-107 also shall be excluded from the limitation described in this subsection in the same manner as they are excluded under Section 37-57-107. Provided, however, that any increases requested by the school board as a result of the required local contribution to the Mississippi Adequate Education Program, as certified to the local school district by the State Board of Education under Section 37-151-7(2), Mississippi Code of 1972, shall not be subject to the four percent (4%) and/or seven percent (7%) tax increase limitations provided in this section.
  4. If the millage rate necessary to generate funds equal to the dollar amount requested by the school board is equal to fifty-five (55) mills or less, but the dollar amount requested by the school board exceeds the seven percent (7%) increase limitation provided for in Section 37-57-107, the school board may exceed the seven percent (7%) increase limitation only after the school board has determined the need for additional revenues and three-fifths (3/5) of the registered, qualified electors voting in a referendum called by the levying authority have voted in favor of the increase. The notice and manner of holding the referendum shall be as prescribed in subsection (2) of this section for a referendum on the question of increasing the millage rate in school districts levying more than fifty-five (55) mills for school district purposes.
  5. The aggregate receipts from ad valorem taxes levied for school district purposes pursuant to Sections 37-57-1 and 37-57-105, excluding collection fees, additional revenue from the ad valorem tax on any newly constructed properties or any existing properties added to the tax rolls or any properties previously exempt which were not assessed in the next preceding year, and amounts received by school districts from the School Ad Valorem Tax Reduction Fund pursuant to Section 37-61-35, shall be subject to the increase limitation under this section and Section 37-57-107.
  6. The school board shall pay to the levying authority all costs that are incurred by the levying authority in the calling and holding of any election under this section.
  7. The provisions of this section shall not be construed to affect in any manner the authority of school boards to levy millage for the following purposes:
    1. The issuance of bonds, notes and certificates of indebtedness, as authorized in Sections 37-59-1 through 37-59-45 and Sections 37-59-101 through 37-59-115;
    2. The lease of property for school purposes, as authorized under the Emergency School Leasing Authority Act of 1986 (Sections 37-7-351 through 37-7-359);
    3. The lease or lease-purchase of school buildings, as authorized under Section 37-7-301;
    4. The issuance of promissory notes in the event of a shortfall of ad valorem taxes and/or revenue from local sources, as authorized under Section 27-39-333; and
    5. The construction of school buildings outside the school district, as authorized under Section 37-7-401.

      Any millage levied for the purposes specified in this subsection shall be excluded from the millage limitations established under this section.

HISTORY: Laws, 1997, ch. 612, § 21; Laws, 2002, ch. 551, § 8, eff from and after July 1, 2002 (date bill became law without the Governor’s signature).

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2002 amendment inserted “paragraph” preceding “(b) or (c)” in the first sentence of (2)(a); and added the last sentence of (3)

Cross References —

Mississippi Adequate Education Program, see §§37-151-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

If, after considering the exclusions and exceptions contained in the statute, the required millage rate exceeds the levy for the current year and also exceeds fifty-five mills, a referendum must be called even if the total tax effort increase does not exceed seven percent. Clearman, July 14, 2000, A.G. Op. #2000-0357.

Pursuant to this section, a school board shall request an ad valorem tax effort in a dollar amount for the support of the school district, not a millage rate; it is the levying authority that sets the millage rate. Perkins, Sept. 11, 2002, A.G. Op. #02-0536.

JUDICIAL DECISIONS

1. School district taxes.

School district and a city had standing to sue a county board of supervisors to challenge its approval of tax assessments on a company’s leasehold interest in property because they experienced an adverse effect from the board’s conduct, and that adverse effect was different from that experienced by the general public; both the district and the city had statutory duties associated with the taxes, and their funding was reduced by any allegedly improperly low tax assessment. Pascagoula- Gautier Sch. Dist. v. Bd. of Supervisors, 212 So.3d 742, 2016 Miss. LEXIS 437 (Miss. 2016).

§ 37-57-105. Authorization and procedure for levy.

  1. In addition to the taxes levied under Section 37-57-1, the levying authority for the school district, as defined in Section 37-57-1, upon receipt of a certified copy of an order adopted by the school board of the school district requesting an ad valorem tax effort in dollars for the support of the school district, shall, at the same time and in the same manner as other ad valorem taxes are levied, levy an annual ad valorem tax in the amount fixed in such order upon all of the taxable property of such school district, which shall not be less than the millage rate certified by the State Board of Education as the uniform minimum school district ad valorem tax levy for the support of the adequate education program in such school district under Section 37-57-1. Provided, however, that any school district levying less than the uniform minimum school district ad valorem tax levy on July 1, 1997, shall only be required to increase its local district maintenance levy in four (4) mill annual increments in order to attain such millage requirements. In making such 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 such levy shall be equal to the amount which is requested by said school board. The proceeds of such tax levy, excluding levies for the payment of the principal of and interest on school bonds or notes and excluding levies for costs of collection, shall be placed in the school depository to the credit of the school district and shall be expended in the manner provided by law for the purpose of supplementing teachers’ salaries, extending school terms, purchasing furniture, supplies and materials, and for all other lawful operating and incidental expenses of such school district, funds for which are not provided by adequate education program fund allotments.

    The monies authorized to be received by school districts from the School Ad Valorem Tax Reduction Fund pursuant to Section 37-61-35 shall be included as ad valorem tax receipts. The levying authority for the school district, as defined in Section 37-57-1, shall reduce the ad valorem tax levy for such school district in an amount equal to the amount distributed to such school district from the School Ad Valorem Tax Reduction Fund each calendar year pursuant to said Section 37-61-35. Such reduction shall not be less than the millage rate necessary to generate a reduction in ad valorem tax receipts equal to the funds distributed to such school district from the School Ad Valorem Tax Reduction Fund pursuant to Section 37-61-35. Such reduction shall not be deemed to be a reduction in the aggregate amount of support from ad valorem taxation for purposes of Section 37-19-11 [Repealed]. The millage levy certified by the State Board of Education as the uniform minimum ad valorem tax levy or the millage levy that would generate funds in an amount equal to a school district’s district entitlement, as defined in Section 37-22-1(2)(e) [Repealed], shall be subject to the provisions of this paragraph.

    In any county where there is located a nuclear generating power plant on which a tax is assessed under Section 27-35-309(3), such required levy and revenue produced thereby may be reduced by the levying authority in an amount in proportion to a reduction in the base revenue of any such county from the previous year. Such reduction shall be allowed only if the reduction in base revenue equals or exceeds five percent (5%). “Base revenue” shall mean the revenue received by the county from the ad valorem tax levy plus the revenue received by the county from the tax assessed under Section 27-35-309(3) and authorized to be used for any purposes for which a county is authorized by law to levy an ad valorem tax. For purposes of determining if the reduction equals or exceeds five percent (5%), a levy of millage equal to the prior year’s millage shall be hypothetically applied to the current year’s ad valorem tax base to determine the amount of revenue to be generated from the ad valorem tax levy. For the purposes of this section and Section 37-57-107, the portion of the base revenue used for the support of any school district shall be deemed to be the aggregate receipts from ad valorem taxes for the support of any school district. This paragraph shall apply to taxes levied for the 1987 fiscal year and for each fiscal year thereafter. If the Mississippi Supreme Court or another court finally adjudicates that the tax levied under Section 27-35-309(3) is unconstitutional, then this paragraph shall stand repealed.

  2. When the tax is levied upon the territory of any school district located in two (2) or more counties, the order of the school board requesting the levying of such tax shall be certified to the levying authority of each of the counties involved, and each of the levying authorities shall levy the tax in the manner specified herein. The taxes so levied shall be collected by the tax collector of the levying authority involved and remitted by the tax collector to the school depository of the home county to the credit of the school district involved as provided above, except that taxes for collection fees may be retained by the levying authority for deposit into its general fund.
  3. The aggregate receipts from ad valorem taxes levied for school district purposes, excluding collection fees, pursuant to this section and Section 37-57-1 shall be subject to the increased limitation under Section 37-57-107; however, if the ad valorem tax effort in dollars requested by the school district for the fiscal year exceeds the next preceding fiscal year’s ad valorem tax effort in dollars by more than four percent (4%) but not more than seven percent (7%), then the school board shall publish notice thereof once each week for at least three (3) consecutive weeks in a newspaper having general circulation in the school district involved, with the first publication thereof to be made not less than fifteen (15) days prior to the final adoption of the budget by the school board. If at any time prior to said adoption 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 shall be filed with the school board requesting that an election be called on the question of exceeding the next preceding fiscal year’s ad valorem tax effort in dollars by more than four percent (4%) but not more than seven percent (7%), then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon such question. 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 school board. The ballot shall contain the language “For the School Tax Increase Over Four Percent (4%)” and “Against the School Tax Increase Over Four Percent (4%).” If a majority of the qualified electors of the school district who voted in such election shall vote in favor of the question, then the stated increase requested by the school board shall be approved. For the purposes of this paragraph, the revenue sources excluded from the increased limitation under Section 37-57-107 shall also be excluded from the limitation described herein in the same manner as they are excluded under Section 37-57-107.

HISTORY: Laws, 1983, ch. 471, § 23; Laws, 1986, ch. 492, § 163; Laws, 1987, ch. 307, § 23; Laws, 1987, ch. 507, § 12; Laws, 1987, ch. 520, § 2; Laws, 1989, ch. 510, § 5; Laws, 1990, ch. 495, § 2; Laws, 1992, ch. 419, § 27; Laws, 1994, ch. 581, § 54; Laws, 1997, ch. 612, § 23; Laws, 2002, ch. 551, § 4, eff from and after July 1, 2002 (date bill became law without the Governor’s signature).

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Section 37-22-1, referred to in the last sentence of the second paragraph of (1), was repealed by Laws of 1997, ch. 612, § 30, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment, in the first sentence of (3), deleted “and excluding amounts received by school districts from the School Ad Valorem Tax Reduction Fund pursuant to Section 37-61-35.”

Cross References —

Homestead exemptions, see §27-33-3.

Authorization to expend funds to cover cost and expenses of litigation relating to and implementation of single member school board trustee election districts, see §37-7-208.

Special tax levy for purpose of annual lease payments under the Emergency School Leasing Authority Act of 1986, see §37-7-359.

Payment to charter schools of pro rata ad valorem receipts and in-lieu payments per pupil for the support of local school district under this section, see §37-28-55.

Limitation on increases of taxes levied for school district purposes, disposition of excess revenue therefrom, and ceiling on ad valorem taxes for support of municipal separate and special municipal districts, see §37-57-107.

OPINIONS OF THE ATTORNEY GENERAL

In reference to levy by a board of supervisors for support of special municipal separate school districts, a mandate that the levying authority levy an additional amount sufficient to cover anticipated delinquencies and costs of collection means that the levying authority is to levy such additional millage as is necessary to generate sufficient funds to cover such costs and delinquencies. Crigler, May 13, 1992, A.G. Op. #92-0314.

Statute provides by express exception that Equity Funding millage may not be reduced by application of amount received from School Ad Valorem Tax Reduction Fund and if district is levying only minimum required by Equity Funding and does not have any other millage against which to apply this money and thus reduce taxes immediately, taxpayer nevertheless would receive future benefit as new or increasing expenses of school district would be offset by School Ad Valorem Tax Reduction Fund. Harvey, July 16, 1993, A.G. Op. #93-0476.

A school district may not lawfully reserve/segregate ad valorem tax receipts (attributed to a specific tax payer) in a permanent trust fund. Pate, January 15, 1999, A.G. Op. #98-0775.

In accordance with Section 57-3-33, projects and property financed under the provisions of said chapter are exempt from all taxation except taxes levied pursuant to Section 27-65-21, Sections 37-57-105 and 37-59-23, and taxes levied pursuant to Section 27-39-329 when said tax is levied expressly “for school district purposes”; a tax levied under Section 37-29-141 for the support of junior (community) college districts is not for “school district purposes.” Beech, Mar. 17, 2006, A.G. Op. 06-0009.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 58 et seq.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 31 et seq. (taxation by school districts; fees and bonds).

CJS.

78A C.J.S., Schools and School Districts §§ 789 et seq.

§ 37-57-107. Limitation on aggregate receipts from taxes for school purposes; disposition of excess receipts.

  1. Beginning with the tax levy for the 1997 fiscal year and for each fiscal year thereafter, the aggregate receipts from taxes levied for school district purposes pursuant to Sections 37-57-105 and 37-57-1 shall not exceed the aggregate receipts from those sources during any one (1) of the immediately preceding three (3) fiscal years, as determined by the school board, plus an increase not to exceed seven percent (7%). For the purpose of this limitation, the term “aggregate receipts” when used in connection with the amount of funds generated in a preceding fiscal year shall not include excess receipts required by law to be deposited into a special account. However, the term “aggregate receipts” includes any receipts required by law to be paid to a charter school. The additional revenue from the ad valorem tax on any newly constructed properties or any existing properties added to the tax rolls or any properties previously exempt which were not assessed in the next preceding year may be excluded from the seven percent (7%) increase limitation set forth herein. Taxes levied for payment of principal of and interest on general obligation school bonds issued heretofore or hereafter shall be excluded from the seven percent (7%) increase limitation set forth herein. Any additional millage levied to fund any new program mandated by the Legislature shall be excluded from the limitation for the first year of the levy and included within such limitation in any year thereafter. For the purposes of this section, the term “new program” shall include, but shall not be limited to, (a) the Early Childhood Education Program required to commence with the 1986-1987 school year as provided by Section 37-21-7 and any additional millage levied and the revenue generated therefrom, which is excluded from the limitation for the first year of the levy, to support the mandated Early Childhood Education Program shall be specified on the minutes of the school board and of the governing body making such tax levy; (b) any additional millage levied and the revenue generated therefrom which shall be excluded from the limitation for the first year of the levy, for the purpose of generating additional local contribution funds required for the adequate education program for the 2003 fiscal year and for each fiscal year thereafter under Section 37-151-7(2); and (c) any additional millage levied and the revenue generated therefrom which shall be excluded from the limitation for the first year of the levy, for the purpose of support and maintenance of any agricultural high school which has been transferred to the control, operation and maintenance of the school board by the board of trustees of the community college district under provisions of Section 37-29-272.
  2. The seven percent (7%) increase limitation prescribed in this section may be increased an additional amount only when the school board has determined the need for additional revenues and has held an election on the question of raising the limitation prescribed in this section. The limitation may be increased only if three-fifths (3/5) of those voting in the election shall vote for the proposed increase. The resolution, notice and manner of holding the election shall be as prescribed by law for the holding of elections for the issuance of bonds by the respective school boards. Revenues collected for the fiscal year in excess of the seven percent (7%) increase limitation pursuant to an election shall be included in the tax base for the purpose of determining aggregate receipts for which the seven percent (7%) increase limitation applies for subsequent fiscal years.
  3. Except as otherwise provided for excess revenues generated pursuant to an election, if revenues collected as the result of the taxes levied for the fiscal year pursuant to this section and Section 37-57-1 exceed the increase limitation, then it shall be the mandatory duty of the school board of the school district to deposit such excess receipts over and above the increase limitation into a special account and credit it to the fund for which the levy was made. It will be the further duty of such board to hold said funds and invest the same as authorized by law. Such excess funds shall be calculated in the budgets for the school districts for the purpose for which such levies were made, for the succeeding fiscal year. Taxes imposed for the succeeding year shall be reduced by the amount of excess funds available. Under no circumstances shall such excess funds be expended during the fiscal year in which such excess funds are collected.
  4. For the purposes of determining ad valorem tax receipts for a preceding fiscal year under this section, the term “fiscal year” means the fiscal year beginning October 1 and ending September 30.
  5. Beginning with the 2013-2014 school year, each school district in which a charter school is located shall pay to the charter school an amount for each student enrolled in the charter school equal to the ad valorem taxes levied per pupil for the support of the school district in which the charter school is located. The pro rata ad valorem taxes to be transferred to the charter school must include all levies for the support of the school district under Sections 37-57-1 (local contribution to the adequate education program) and 37-57-105 (school district operational levy) but may not include any taxes levied for the retirement of school district bonded indebtedness or short-term notes or any taxes levied for the support of vocational-technical education programs. Payments made pursuant to this subsection by a school district to a charter school must be made before the expiration of three (3) business days after the funds are distributed to the school district.

HISTORY: Laws, 1983, ch. 471, § 24; Laws, 1986, ch. 492, § 164; Laws, 1986, ch. 500, § 18; Laws, 1987, ch. 507, § 13; Laws, 1989, ch. 510, § 6; Laws, 1990, ch. 495, § 3; Laws, 1992, ch. 419, § 28; Laws, 1994, ch. 581, § 52; Laws, 1997, ch. 612, § 24; Laws, 2002, ch. 551, § 5; Laws, 2013, ch. 497, § 91, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2002 amendment, in the first paragraph, deleted “and shall not include amounts received from the School Ad Valorem Tax Reduction Fund pursuant to Section 37-61-35.”

The 2013 amendment inserted subsection (1) through (4) designations and the third sentence in (1); and added (5).

Cross References —

Applicability of this section to distribution of Tennessee Valley Authority in lieu payments to school districts and for construction of roads, see §27-39-303.

Inclusion, as proceeds of ad valorem taxes, of proceeds of promissory notes issued because of shortfall in ad valorem taxes, see §27-39-333.

Local funds expended in implementing §§37-3-55 through37-3-71 not exempt from tax increase limitation provision of this section, see §37-3-77.

Authorization to expend funds to cover cost and expenses of litigation relating to and implementation of single member school board trustee election districts, see §37-7-208.

Special tax levy for purpose of annual lease payments under the Emergency School Leasing Authority Act of 1986, see §37-7-359.

Implementation and funding of gifted education programs, see §37-23-179.

Exclusion of tax receipts, used by junior colleges to repay loans, from growth limitations on ad valorem taxes, see §37-29-103.

Portion of the base revenue used for support of any school district being deemed to be the aggregate receipts from ad valorem taxes for the support of any school district, see §37-57-105.

OPINIONS OF THE ATTORNEY GENERAL

Board of supervisors as appropriate levying authority is mandated to levy taxes called for by county school board in its budget; 3 mill levy for purchase of school buses is not subject to the limitation found at 37-57-107, as one specific purpose for which additional millage over and above statutory limit is allowed is purchase of buses. Parsons, Sept. 9, 1992, A.G. Op. #92-0664.

The words “any newly constructed properties or any existing properties added to the tax rolls or any properties previously exempt which were not assessed in the next preceding year” include both real and personal property. Watkins, June 22, 1999, A.G. Op. #99-0324.

Any amount of a delinquency in 2001 taxes received in tax year 2004 which exceeds the increase limitation described in this section must be deposited into a special account and calculated into the budget for the succeeding fiscal year. Lowery, Aug. 13, 2004, A.G. Op. 04-0311.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 58 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 789 et seq.

§ 37-57-108. Issuance of promissory notes by school districts in event of revenue shortfall.

In the event that the amount of revenue collected or estimated to be collected from local sources, on behalf of a school district during a fiscal year, is less than the amount provided for in the duly adopted budget of said school district for the fiscal year, then the school district may issue promissory notes in an amount and in the manner set forth in Section 27-39-333, not to exceed the estimated shortfall of revenue from local sources, but in no event to exceed twenty-five percent (25%) of its budget anticipated to be funded from the sources of the shortfall for the fiscal year. A school district issuing notes under the provisions of this section shall not be required to publish notice of its intention to do so or to secure the consent of the qualified electors or the tax levying authority of such school district.

HISTORY: Laws, 1993, ch. 562, § 5; Laws, 2005, 5th Ex Sess, ch. 23, § 1; Laws, 2006, ch. 308, § 1; Laws, 2008, ch. 556, § 2, eff from and after July 1, 2008.

Editor’s Notes —

Section 1 of Chapter 23, Laws of 2005, 5th Extraordinary Session, provided for two versions of this section; the first version was effective from and after October 24, 2005, through June 30, 2007, and the second version was effective from and after July 1, 2007.

Section 2 of Chapter 556, Laws of 2008, provided for two versions of this section; the first version was effective from and after July 1, 2008, through June 30, 2010, and the second version was effective from and after July 1, 2010.

Amendment Notes —

The 2005 amendment, 5th Ex Sess, ch. 23, provided for two versions of the section; and in the first version, effective from and after October 24, 2005 through June 30, 2007, added (2).

The 2006 amendment, in the version of the section effective from and after October 24, 2005, through June 30, 2007, added (2)(a) and (b).

The 2008 amendment provided for two versions of this section; and in the first version, effective from and after July 1, 2008, through June 30, 2010, added (2).

OPINIONS OF THE ATTORNEY GENERAL

School districts are limited to three years to repay indebtedness under statute, just as under Section 27-39-333 and as is case with proceeds from Section 27-39-333 note, proceeds of notes are included as proceeds of ad valorem taxes for purposes of Section 37-57-107 limitation. Dyson, August 18, 1993, A.G. Op. #93-0392.

Before a city public school district can issue (a) promissory note(s) and provide notice to the city to levy an ad valorem tax sufficient to repay the indebtedness, the district must demonstrate that there was a shortfall for the fiscal year and that the shortfall would prevent the district from meeting its financial obligations for that year. Wallace, Dec. 10, 1999, A.G. Op. #99-0652.

A school district may submit a budget which reflects the full amount of local tax revenues deemed necessary (within statutory limitations on increases) for operational purposes, but which deducts up to the amount available to be drawn by the district on a CD loan for that fiscal year from the final ad valorem tax effort for support the district requests from the levying authority, and then make a CD loan draw for the difference between the amount budgeted and the amount collected from the local ad valorem tax levy for school operations. Bounds, Sept. 29, 2006, A.G. Op. 06-0461.

Tax on Family Dwelling Units

§ 37-57-111. Definitions.

For the purposes of Sections 37-57-111 through 37-57-119, the following words shall have the meanings ascribed to them in this section:

“Family unit” means a new family dwelling, mobile home, apartment, condominium, duplex, townhouse or structure, used for family residency.

“Compacted area” means any countywide school system with inadequate building facilities to meet the educational needs of school children, causing crowded conditions, which will continue in the public school facilities.

HISTORY: Codes, 1942, § 6520-01; Laws, 1972, ch. 504, § 1, eff from and after passage (approved May 19, 1972).

§ 37-57-113. Imposition of excise or transfer tax upon new family units.

The board of supervisors of any class one county which has a population in the 1970 decennial census of not less than thirty-five thousand (35,000) and not more than fifty thousand (50,000) and having a total assessed valuation in 1971 of not less than forty million dollars ($40,000,000.00) and not more than fifty million dollars ($50,000,000.00) may impose an excise and/or transfer tax upon the sale or construction of all new family units as defined in Section 37-57-111 for capital improvement of public schools as provided by law for countywide public school districts. Said taxation shall not exceed three percent (3%) of the first twenty thousand dollars ($20,000.00) and one-half of one percent (1/2 of 1%) of all over twenty thousand dollars ($20,000.00) of the total sale or contract price of the family unit; however, said taxation shall not exceed three percent (3%) of the first ten thousand dollars ($10,000.00) and one-half of one percent (1/2 of 1%) of all over ten thousand dollars ($10,000.00) of the total sale or contract price of apartments, condominiums, duplexes or townhouses.

The tax hereby authorized, if imposed by order of the board of supervisors of the county by order duly spread upon the minutes of said board, shall apply only to the initial sale or construction of new family units not heretofore occupied or used for residence purposes, and shall be an indebtedness of the owner of the family unit.

Said tax shall not apply to such family units purchased or constructed by or for any religious, charitable, educational or nonprofit corporation or institution, nor shall it apply to demonstration of model homes.

HISTORY: Codes, 1942, § 6520-02; Laws, 1972, ch. 504, § 2, eff from and after passage (approved May 19, 1972).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 58 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 789 et seq.

JUDICIAL DECISIONS

1. In general.

2. Evidence.

1. In general.

Before taxing authority may recover judgment under §37-57-113 against taxpayer, all factual prerequisites to existence of obligation on part of taxpayer to pay tax must be proved by taxing authority by preponderance of evidence. W.H. Hopper & Associates, Inc. v. De Soto County, 475 So. 2d 1149, 1985 Miss. LEXIS 2240 (Miss. 1985).

2. Evidence.

Any inadequacy in tax authority’s proof of amount of taxes owed by taxpayer is obviated when, during taxpayer’s pro se examination of opposing counsel as adverse witness, taxpayer elicits testimony that computation of taxes owed has been checked in detail and that, in prior litigation, taxpayer never questioned amount of taxes owed as set forth in letter from tax authority to taxpayer. W.H. Hopper & Associates, Inc. v. De Soto County, 475 So. 2d 1149, 1985 Miss. LEXIS 2240 (Miss. 1985).

§ 37-57-115. Levy of ad valorem tax upon mobile homes and house trailers.

In addition to mobile home ad valorem taxes assessed and collected under authority of Chapter 53 of Title 27, Mississippi Code of 1972, the boards of supervisors are hereby authorized and empowered to levy a ten dollar ($10.00) ad valorem tax upon each mobile home or house trailer used as a family dwelling not heretofore occupied or used for residential purposes within the county as defined in Section 27-53-1, Mississippi Code of 1972, to be collected by the county tax assessor-collector annually and deposited into a county trust fund entitled “county school building and repair fund” and expended by the county board of education for capital improvements and equipment only in such compacted areas.

HISTORY: Codes, 1942, § 6520-03; Laws, 1972, ch. 504, § 3, eff from and after passage (approved May 19, 1972).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools §§ 58 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 789 et seq.

§ 37-57-117. Collection and utilization of funds.

All funds derived from such taxation under Sections 37-57-111 through 37-57-119 shall be collected by the tax assessors and/or tax collectors of the county prior to or simultaneous with the sale of the new family unit and shall be deposited into a county trust fund entitled “county school building and repair fund” to be utilized by the county board of education for capital improvements only in compacted areas. However, the board of supervisors of such county shall be authorized to utilize the proceeds of taxation toward paying the principal and interest on full faith and credit bonds of the county which may be issued to provide immediate funds for acquiring sites and constructing public school facilities.

All funds levied and collected under authority of Sections 37-57-111 through 37-57-119 shall be expended for the purposes set forth in said sections and in the manner now provided by law for making such expenditures in counties having a countywide school district.

HISTORY: Codes, 1942, § 6520-04; Laws, 1972, ch. 504, § 4, eff from and after passage (approved May 19, 1972).

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts §§ 848 et seq.

§ 37-57-119. Enforcement.

The board of supervisors of any county which imposes the tax authorized by Sections 37-57-111 through 37-57-119 may adopt rules and regulations governing the time and method of payment of the taxes, and may provide by rule or regulation for the withholding of any final or other inspection of the property otherwise required by local building or zoning ordinance until such tax is paid or satisfactory security given for such payment, and may provide for the payment of interest and penalties up to fifty percent (50%) for late payment.

HISTORY: Codes, 1942, § 6520-05; Laws, 1972, ch. 504, § 5, eff from and after passage (approved May 19, 1972).

RESEARCH REFERENCES

CJS.

78A C.J.S., Schools and School Districts §§ 856-865.

Miscellaneous

§ 37-57-121. Repealed.

Repealed by Laws, 1984, ch. 379, § 2, eff from and after April 18, 1984.

[Codes, 1942, § 6518-08; Laws, 1954, ch. 261, § 8; Laws, 1956, ch. 296, § 15.]

Editor’s Notes —

Former §37-57-121 stated applications of and exemptions from homestead exemption law under various tax levies.

§ 37-57-123. Repealed.

Repealed by Laws, 1986, ch. 492, § 165, eff from and after July 1, 1987.

[Codes, 1942, § 6518-09; Laws, 1954, ch. 261, § 9; Laws, 1956, ch. 296, § 16; Laws, 1983, ch. 471, § 25.]

Editor’s Notes —

Former §37-57-123 provided for assessment and collection of additional taxes of school districts under former §§37-57-21 through37-57-31,37-57-35, and37-57-51.

§§ 37-57-125 and 37-57-127. Repealed.

Repealed by Laws, 1986, ch. 492, § 189, eff from and after July 1, 1987.

§37-57-125. [Codes, 1942, § 6518-11; Laws, 1954, ch. 261, § 11.]

§37-57-127. [Codes, 1942, § 6518-12; Laws, 1954, ch. 261, § 12.]

Editor’s Notes —

Former §37-57-125 required that funds of county school system be paid out on pay certificates.

Former §37-57-127 required that funds of municipal separate school district be paid out on warrants.

§ 37-57-129. Repealed.

Repealed by Laws, 1983, ch. 471, § 28, eff from and after July 1, 1983.

[Codes, 1942, § 6518-13; Laws, 1954, ch. 261, § 13; Laws, 1962, ch. 360, § 2.]

Editor’s Notes —

Former §37-57-129 provided that the maximum limit on local school tax levies was twenty-five mills except as provided in former §37-57-51.

§ 37-57-131. Real property incorporated in school district prior to June 1 of fiscal year liable for taxes levied during year.

All taxable real property which has been or shall be incorporated in, annexed to or otherwise made a part of any school district, and any taxable personal property which is located or situated in any school district prior to June 1 of any fiscal year, shall be liable for all ad valorem taxes levied or imposed for such school district during such year to the same extent and in like manner as though such real property had been incorporated in, annexed to or otherwise made a part of such school district prior to January 1 of such year, and in like manner as though such personal property had been located or situated within such school district prior to January 1 of such year; such property shall be relieved from liability for taxes levied during such year for the support and maintenance of the school district of which it was formerly a part, and such personal property shall be relieved from liability for taxes levied during such year for the support and maintenance of the school district within which it was formerly located or situated. Nothing herein shall be construed to relieve such real or personal property from assessment and liability for the payment of the outstanding bonds or other indebtedness of the district of which such property was formerly a part, or of the district in which such personal property was situated or located as the case may be, and such question shall be governed and controlled by other statutes applicable thereto, including, but not being limited to, Section 37-7-109.

HISTORY: Codes, 1942, § 6519-01; Laws, 1954, Ex Sess, ch. 30, § 1; Laws, 1956, ch. 270, § 1; Laws, 1964, ch. 404; Laws, 1986, ch. 492, § 166, eff from and after July 1, 1987.

§ 37-57-133. Changes in assessment roll to incorporate property.

In the event taxable real property has been or is incorporated in, annexed to, or otherwise made a part of a school district, or in the event taxable personal property is or becomes situated or located within a school district, as the case may be, prior to October 1 of any year but after the approval of the assessment roll of the county or school district for such year, then the board of supervisors of the county or the governing authority of the municipality, as the case may be, shall have the power and authority to make such changes in the assessment roll as shall be necessary to cause such real or personal property to be assessed properly for the ad valorem taxes levied during said year for which such property shall be liable under the terms of Section 37-57-131.

HISTORY: Codes, 1942, § 6519-02; Laws, 1954, Ex Sess, ch. 30, § 2; Laws, 1956, ch. 270, § 2; Laws, 1986, ch. 492, § 167, eff from and after July 1, 1987.

Chapter 59. School Bonds and Obligations

Article 1. Authority to Issue Bonds, Notes and Certificates of Indebtedness.

§ 37-59-1. “Bonds” defined.

The word “bonds” as used in this article shall be deemed to mean and include bonds, notes, or certificates of indebtedness.

HISTORY: Codes, 1942, § 6532-01; Laws, 1950, ch. 231, § 1; Laws, 1955, Ex Sess, ch. 61.

Cross References —

Application of this article to bonds issued by school boards, see §37-41-95.

Provisions of chapter do not affect power of school districts to raise funds, see §37-47-65.

Authority of school boards to levy millage for the issuance of bonds, notes and certificates of indebtedness authorized in this article not affected by the provisions of §37-57-104, see §37-57-104.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this article, see §37-61-33.

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Section 37-59-1 et. seq., in an election on the issuance of bonds for a county school district, wherein also lies a line consolidated school district, the statutory scheme for the issuance of bonds clearly contemplates that only the residents of the county school district would vote on the matter and only the taxes of the residents of the county school district would be affected in the event of passage. Staten, September 20, 1996, A.G. Op. #96-0637.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 31 et seq. (taxation by school districts; fees and bonds).

Practice References.

Mississippi School Laws Annotated (Michie).

Federal Education Laws and Regulations (Michie).

Vacca and Bosher, Law and Education: Contemporary Issues and Court Decisions (Matthew Bender).

Rapp, Education Law (Matthew Bender).

§ 37-59-3. Purposes for which bonds may be issued.

The school board of any school district is authorized to issue negotiable bonds of such school district to raise money for the following purposes:

Purchasing, erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including gymnasiums, auditoriums, lunch rooms, vocational training buildings, libraries, teachers’ homes, school barns, transportation vehicles and garages for transportation vehicles, and purchasing land therefor.

Establishing and equipping school athletic fields and necessary facilities connected therewith, and purchasing land therefor.

Providing necessary water, light, heating, air conditioning and sewerage facilities for school buildings, and purchasing land therefor.

Paying part of the costs to be incurred in erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities which are owned and operated by state-supported institutions of higher education as a demonstration or practice school attended by pupils, grades, or one or more, or parts of grades from the educable children of such school district pursuant to a contract or agreement between said institution and said school district.

The authority to issue the bonds hereinabove set forth shall include the authority for the school board of such school district to spend the money for the purposes for which said money is raised.

HISTORY: Codes, 1942, § 6532-01; Laws, 1950, ch. 231, § 1; Laws, 1955, Ex Sess, ch. 61; Laws, 1986, ch. 492, § 168; Laws, 1987, ch. 307, § 24, eff from and after passage (approved March 3, 1987).

Cross References —

Issuance of county bonds generally, see §§19-9-1 et seq.

Issuance of municipal bonds generally, see §§21-33-301 et seq.

Advertising sales of bonds generally, see §31-19-25.

Issuance of bonds by municipalities and municipal separate school districts for establishment and maintenance of agricultural high schools, see §37-27-63.

Issuance of bonds by counties for establishment and development of agricultural high schools, see §37-27-65.

Issuance of bonds by municipalities and municipal separate school districts for establishment and maintenance of junior colleges, see §37-29-265.

Issuance by state bond commission of state school bonds, see §37-47-33.

Additional powers conferred in connection with issuance of bonds, see §37-59-25.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this section, see §37-61-33.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 166, 167, 169, 170, 209.

22 Am. Jur. Pl & Pr Forms (Rev), Schools, Forms 31 et seq. (taxation by school districts; fees and bonds).

CJS.

78A C.J.S., Schools and School Districts §§ 757, 758.

JUDICIAL DECISIONS

1. In general.

2.-10. [Reserved for future use.]

11. Under former law.

1. In general.

Where plaintiff parent sued defendant school district in state court alleging her child was sexually assaulted at school and obtained a judgment under the Mississippi Tort Claims Act, her later claims in federal court were properly held as barred due to res judicata; while school districts’ sources of funding under Miss. Code Ann. §§37-45-21,37-47-1 et seq.,37-57-1,37-59-3, and37-151-7 were equally divided between local school districts and the state under Miss. Code Ann. §§11-46-7,11-46-16(2), and11-46-17(2), any judgment against the school district would be paid through the Tort Claims Fund and excess liability insurance, and thus, the school district was not considered an arm of the state entitled to Eleventh Amendment immunity. Black v. N. Panola Sch. Dist., 461 F.3d 584, 2006 U.S. App. LEXIS 21259 (5th Cir. Miss. 2006).

On appeal to the circuit court from an order of the board of supervisors of Neshoba County directing issuance of bonds in the amount of $40,000 for the benefit of a high school, the circuit court had authority to hear and determine the matter only on the case as presented by the bill of exceptions as an appellate court, and hence the court was correct in refusing to permit the introduction of evidence on the hearing of the cause in the circuit court. East Neshoba Vocational High School Bonds v. Board of Sup'rs, 213 Miss. 146, 56 So. 2d 394, 1952 Miss. LEXIS 343 (Miss. 1952).

A resolution of the school trustees requesting the board of supervisors to call an election for school bond issue which recites the necessary preliminary facts complied with the statute despite the objection that the order recited but did not adjudicate that the district is the legally existing district. Tedder v. Board of Sup'rs, 214 Miss. 717, 59 So. 2d 329, 1952 Miss. LEXIS 512 (Miss. 1952).

2.-10. [Reserved for future use.]

11. Under former law.

Under Code 1942, § 6370, gymnasium is school building and bonds may be issued for erection or repair of gymnasium, improvement of water system and repairing and improving school buildings. In re Savannah Special Consol. School Dist., 208 Miss. 460, 44 So. 2d 545, 1950 Miss. LEXIS 265 (Miss. 1950).

Code 1942, §§ 4341, 4342, and 6370, dealing with the same subject-matter, must be interpreted to harmonize with each other, to stand with as full effect as possible consistently with related sections, and to fit into the dominant policy of entire legislation on subject. Ashcraft v. Board of Sup'rs, 204 Miss. 65, 36 So. 2d 820, 1948 Miss. LEXIS 343 (Miss. 1948).

Code 1942, §§ 4342 and 6370 providing for the issuance of bonds for consolidated school districts are written into and become a part of Code 1942, § 4341, specifically providing for creation of specified area which shall be a unit for the issuance of school bonds and for application of all other provisions of law with reference to issuance and payment of school bonds to such specified areas. Ashcraft v. Board of Sup'rs, 204 Miss. 65, 36 So. 2d 820, 1948 Miss. LEXIS 343 (Miss. 1948).

Issuance of school bonds to construct, erect and equip new school building, to move, relocate, make alterations and additions to existing principal’s residence, and to move, relocate, make alterations to building used as school building is within authorized purposes under Code 1942, §§ 4341 and 6370. Ashcraft v. Board of Sup'rs, 204 Miss. 65, 36 So. 2d 820, 1948 Miss. LEXIS 343 (Miss. 1948).

The purpose for the issuance of bonds under Code 1942, § 6370, must be free from ambiguity, and the proceeding for their issuance must clearly show such purposes upon their face, and show it with such certainty as will distinctly disclose that their issuance will be definitely within the statutory authority. Hisaw v. Ellison Ridge Consol. School Dist., 189 Miss. 664, 198 So. 557, 1940 Miss. LEXIS 150 (Miss. 1940).

The issuance of bonds in a proceeding on petition by a majority of electors of a consolidated school district was erroneous where the statement of purposes for the issuance of such bonds in the petition filed with the board of supervisors contained the abbreviation of et cetera, the inclusion of which made the petition broader than the statute, and prayed for things which the statute did not embrace. Hisaw v. Ellison Ridge Consol. School Dist., 189 Miss. 664, 198 So. 557, 1940 Miss. LEXIS 150 (Miss. 1940).

Code 1942, § 6370. Consolidated school law held not to discriminate between races, nor to deny equal protection of law nor take property without due process. Barrett v. Cedar Hill Consol. School Dist., 123 Miss. 370, 85 So. 125, 1920 Miss. LEXIS 33 (Miss. 1920).

§ 37-59-5. General limitation of indebtedness.

No school district shall, except as provided in Section 37-59-7, hereafter issue bonds for the purposes authorized by law in an amount which, added to all of its then outstanding bonded indebtedness, shall result in the imposition on any of the property in such district of an indebtedness for school purposes of more than fifteen per cent of the assessed value of the taxable property within such district, according to the then last completed assessment for taxation, regardless of whether any of such indebtedness shall have been incurred by such district or by another school district or districts.

HISTORY: Codes, 1942, § 6532-02; Laws, 1950, ch. 231, § 2; Laws, 1955, Ex Sess, chs. 52, 60; Laws, 1962, ch. 361; Laws, 1968, ch. 403, § 1, eff from and after passage (approved July 26, 1968).

Cross References —

Applicability of bonded indebtedness limitations to certain lease contracts entered into by school districts, see §37-7-359.

Issuance of bonds in amount exceeding limitation of this section, see §37-59-7.

OPINIONS OF THE ATTORNEY GENERAL

The value of property that is taxable but is the subject of an agreement for fees in lieu of taxes may be considered in determining the value of taxable property within a school district for the purpose of ascertaining the 15 percent limitation on bonded indebtedness for school bonds under the statute. Akers, Feb. 9, 2001, A.G. Op. #2001-0042.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 56.

CJS.

78A C.J.S., Schools and School Districts §§ 759, 760.

§ 37-59-7. Issuance of bonds in amount exceeding limitation of Section 37-59-5.

    1. Any school district in which the total number of pupils enrolled at any one time during the school year shall have increased by at least twenty percent (20%) or an average of three hundred fifty (350) or more annually within the preceding five (5) years, shall not issue bonds for the purposes authorized by law in an amount which when added to all of its then outstanding bonded indebtedness, shall result in the imposition on any of the property in such district of an indebtedness for school purposes of more than twenty-five percent (25%) of the assessed value of the taxable property within such district according to the then last completed assessment for taxation.
    2. Any school district in which the total number of pupils enrolled at any one time during the school year shall have increased by at least ten percent (10%) within the preceding five (5) years shall not issue bonds for the purposes authorized by law in an amount which, when added to all of its then outstanding bonded indebtedness, shall result in the imposition on any of the property in such district of an indebtedness for school purposes of more than twenty percent (20%) of the assessed value of the taxable property within such district according to the then last completed assessment for taxation.
    3. The pupil increase mentioned in this subsection shall apply only to growth in pupil enrollment and shall not apply to pupil increases brought about by consolidation of school districts.
  2. Any school district may hereafter issue bonds in an amount exceeding the limit of Section 37-59-5 for the purpose of constructing, reconstructing, repairing, equipping, remodeling or enlarging school buildings and related facilities, as described in subsection (a) of Section 37-59-3, but no such district shall issue bonds in an amount which when added to all of its then outstanding bonded indebtedness, shall result in the imposition on any of the property in such district of an indebtedness for such school purposes of more than twenty percent (20%) of the assessed value of the taxable property in such district, according to the then last completed assessment for taxation, regardless of whether any of such indebtedness shall have been incurred by such district or by another school district or districts:
    1. In the event of the damage to or destruction of any school building or school buildings, or related facilities of any such district by fire, windstorm, flood or other providential and unforeseeable cause; or
    2. In the event such school district has lost its accreditation and the constructing, reconstructing, repairing, equipping, remodeling or enlarging of such school buildings and related facilities is necessary for the restoration of such accreditation; or
    3. In the event of the establishment of the Starkville-Oktibbeha Consolidated School District as authorized in Section 37-7-104.3(8) and (9).
  3. In any school district wherein more than nine percent (9%) of the total land area of the school district is owned by the federal government and situated in a flood control reservoir or maintained as a part of the national forest system, the said school district may issue bonds in an amount, which when added to all of its then outstanding bonded indebtedness for school purposes, shall result in the imposition on any of the property in such school district of an indebtedness for school purposes of not more than twenty percent (20%) of the assessed value of the taxable property within such district, according to the then last completed assessment for taxation, regardless of whether any of such indebtedness shall have been incurred by such district or by another school district or districts. If bonds in an amount in excess of fifteen percent (15%) of the total assessed value of the property of a school district are issued under the provisions of this subsection, not less than twenty-five percent (25%) of the total funds received by the school district under the provisions of Section 49-19-23, Mississippi Code of 1972, shall be paid into the bond and interest sinking fund of such district and used for the retirement of the bonds so issued.
  4. In any district where the assessed valuation per pupil is less than seventy-five percent (75%) of the average of all school districts, such school district may issue bonds for the purposes authorized by Section 37-59-3 in an amount exceeding the fifteen percent (15%) debt limitation set forth in Section 37-59-5, but not exceeding an amount which, when added to all of the school district’s then outstanding bonded indebtedness, shall result in the imposition on any of the property in such district of an indebtedness for such school purposes of more than twenty-five percent (25%) of the assessed value of the taxable property in such district, according to the then last completed assessment for taxation if:
    1. The board of trustees or board of education of the school district adopts a resolution finding that issuing bonds in an amount exceeding the limitation stated in Section 37-59-5 is necessary to provide or maintain adequate educational facilities within the school district; and
    2. The notice of the bond election required by Section 37-59-13 contains a provision notifying the qualified electors in the school district:
      1. Of the fact that the proposed bonds, if issued, will exceed the fifteen percent (15%) debt limit contained in Section 37-59-5; and
      2. Of the reasons why the school district is proposing to exceed said limitation;
    3. The election is held and the proposed bond issue receives the requisite voter approval as set forth in Section 37-59-17.

HISTORY: Codes, 1942, § 6532-02; Laws, 1950, ch. 231, § 2; Laws, 1955, Ex Sess, chs. 52, 60; Laws, 1962, ch. 361; Laws, 1968, ch. 403, § 1; Laws, 1986, ch. 492, § 169; brought forwarded and amended, Laws, 1987, ch. 307, § 25; Laws, 1995, ch. 440, § 1; Laws, 2008, ch. 377, § 1; Laws, 2014, ch. 537, § 3, eff from and after passage (approved Apr. 24, 2014.).

Amendment Notes —

The 2008 amendment, in (1)(a), inserted “or an average of three hundred fifty (350) or more annually,” and made a minor stylistic change; added (1)(b); and substituted “in this subsection” for “hereinabove” in (1)(c).

The 2014 amendment added (2)(c), and made a related stylistic change.

Cross References —

Applicability of bonded indebtedness limitations to certain lease contracts entered into by school districts, see §37-7-359.

§ 37-59-9. Bonds and notes excluded for purposes of computing limitations of indebtedness.

No bonds or negotiable notes issued by any school district in order to comply with the provisions of Section 37-47-15, shall be included in computing the debt limits established in Sections 37-59-5, 37-59-7.

HISTORY: Codes, 1942, § 6532-02; Laws, 1950, ch. 231, § 2; Laws, 1955, Ex Sess, chs. 52, 60; Laws, 1962, ch. 361; Laws, 1968, ch. 403, § 1, eff from and after passage (approved July 26, 1968).

§ 37-59-11. Adoption of bond issue resolution; requirement of election on issuance of bonds.

  1. Before any money shall be borrowed under the provisions of this chapter, the school board of the school district shall adopt a resolution declaring the necessity for borrowing such money, declaring its intention to borrow such money and to issue the negotiable bonds of the school district as evidence of same, specifying the approximate amount to be so borrowed, and how such indebtedness is to be evidenced. Such resolution shall also set forth the nature and approximate cost of the alterations, additions and repairs to be made, and shall declare in said resolution that no funds are available in the school funds of the district or from any other source with which to make such repairs, alterations, additions, purchases, erections or improvements.
  2. Whenever a resolution is adopted by the school board as provided in subsection (1), or a petition signed by not less than ten percent (10%) of the qualified electors of a school district, fixing the maximum amount of such school bonds and the purpose or purposes for which they are to be issued, the school board shall adopt a resolution calling an election to be held within such school district for the purpose of submitting to the qualified electors thereof the question of the issuance of bonds in the amount and for the purpose or purposes as set forth in such resolution or petition. The resolution calling such election shall designate the date upon which the election shall be held and the place or places within such district at which such election shall be held, which place or places may or may not be the school house or school houses in such district.
  3. Provided, however, anything herein to the contrary notwithstanding, no election shall be required for approval of bonds issued after July 1, 1987, and prior to July 1, 1988, or within one (1) year after the final favorable termination of any litigation affecting the issuance of such bonds, and as to which the resolution of necessity and intent to issue by the school board of the school district is passed and publication thereof commenced on or before June 30, 1987, unless a petition calling for such election is filed meeting the requirements and within the time provided by this Section 37-59-11 as in effect between April 15, 1986, and June 30, 1987.

HISTORY: Codes, 1942, § 6532-04; Laws, 1950, ch. 231, § 4; Laws, 1986, ch. 492, § 170; Laws, 1987, ch. 307, § 26, eff from and after July 1, 1987 (approved March 3, 1987).

Cross References —

Notice of election on issuance of bonds, see §37-59-13.

OPINIONS OF THE ATTORNEY GENERAL

The Election Commission may hold a special election on a separate and distinct school bond issue on the same date as the General Election provided that the procedural requirements of Sections 37-59-11 et seq., particularly the notice provision of Section 37-59-13, are met. Stringer, September 27, 1996, A.G. Op. #96-0656.

A bond election involving a municipal separate school district, even one with added territory from the county, is primarily a municipal election and, therefore, the municipal election commission is the proper body to conduct the election on the question of issuing bonds for a municipal separate school district; however, since the municipal separate school district does have added territory from the county, the county registrar should cooperate with and supply to the municipal election commission an accurate list of county voters eligible to participate in the election. Shepard, June 26, 1998, A.G. Op. #98-0365.

Proceeds from a specified bond issue approved by the voters could not be used for the construction of a high school other than in a specific area where it did not provide for the construction and equipping of a high school in any other location. Adams, March 26, 1999, A.G. Op. #99-0121.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 126-128.

CJS.

78A C.J.S., Schools and School Districts §§ 532-537, 540-545.

JUDICIAL DECISIONS

1. In general.

2. Order and notice.

3. Expenditure of funds for promotion.

4.-10. [Reserved for future use.]

11. Under former law.

1. In general.

In an action challenging the validity of certain construction and renovation general obligation school bonds, the filing of a certified copy of the resolution adopted by the school district’s board of trustees with the governing authority of the municipality fulfilled the requirement of §37-59-11, even though the incorporation in full of the resolution in the minutes of the governing authority would have been the better practice; nor did the assessment of property for taxes pursuant to §21-33-9 violate the Mississippi Constitution, art. 4, § 112, where the assessment was not void on its face and where there was nothing showing that the orders of the municipality’s governing body or the orders of the county board of supervisors in approving the assessments were void. Walters v. Validation of $3,750,000.00 School Bonds etc., 364 So. 2d 274, 1978 Miss. LEXIS 2217 (Miss. 1978).

2. Order and notice.

The order for a school bond election and notice thereof are not too general in not including plans and specifications. In re Validation of $250,000 School Bonds, 246 Miss. 470, 150 So. 2d 412, 1963 Miss. LEXIS 467 (Miss. 1963).

3. Expenditure of funds for promotion.

A school board’s expenditures of $21,548.92 to pay campaign workers to promote passage of a bond referendum for new school buildings and $945.03 for lunch for poll workers on election day constituted illegal expenditures since a school district is without explicit or implicit statutory authority to expend taxpayer funds in a promotional effort for the passage of a bond referendum; neither §§37-59-1 et seq., which is devoted to school bonds and obligations, nor §37-7-301(d), which empowers local school districts to construct schools, authorize a school board to spend public funds to promote passage of a bond issue, and therefore board members who voted affirmatively for the advertising budget from which the expenditures were made would be personally liable for the illegal expenditures. Smith v. Dorsey, 599 So. 2d 529, 1991 Miss. LEXIS 603 (Miss. 1992).

4.-10. [Reserved for future use.]

11. Under former law.

School bonds of a “specified area” can validly be issued without an election provided proceedings are initiated upon petition of a majority of qualified electors residing in the area, but if proceedings are initiated upon petition of 20% of qualified electors, but less than a majority of all, an election is necessary to determine the will of the majority. Ashcraft v. Board of Sup'rs, 204 Miss. 65, 36 So. 2d 820, 1948 Miss. LEXIS 343 (Miss. 1948).

Where a majority of the qualified electors residing in a consolidated school district, by petition, request issuance of bonds for certain school purposes, it is not necessary to call for an election on the question, in the absence of a request in the petition itself calling for such an election, and the requirement that the bond shall be issued “in the manner provided for by law,” in such case, has no reference to the provisions of this section [Code 1942, § 6532] but refers to the details of the issuance. In re Validation Bonds of Orange Grove Consol. School Dist., 187 Miss. 373, 193 So. 6, 1940 Miss. LEXIS 218 (Miss. 1940).

Proceedings for issuance of bonds of consolidated school district should clearly show purposes, and with such certainty that issuance will be wholly within statutory power. Board of Sup'rs v. Clark, 163 Miss. 120, 140 So. 733, 1932 Miss. LEXIS 22 (Miss. 1932).

Petition for bond issue of consolidated school district and notice of election thereon, stating purpose to include “furnishing . . . necessary school supplies,” held to render bonds illegal. Board of Sup'rs v. Clark, 163 Miss. 120, 140 So. 733, 1932 Miss. LEXIS 22 (Miss. 1932).

Person signing petition for election on question of issuing bond could remove their name from the original petition by signing a counter petition. Price v. Sims, 116 Miss. 687, 77 So. 649, 1917 Miss. LEXIS 348 (Miss. 1917).

Petition requesting submission of bond issue to the voters for their rejection or approval, signed by twenty per cent of the voters, held insufficient, it not being a petition against issuance of the bonds. Trustees of Walton School v. Board of Sup'rs, 115 Miss. 117, 75 So. 833, 1917 Miss. LEXIS 191 (Miss. 1917).

§ 37-59-13. Notice of election.

Where an election has been called, as provided in Section 37-59-11, notice of such election shall be signed by the president of the school board and shall be published once a week for at least three (3) consecutive weeks, in at least one (1) newspaper published in such school district. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such school district, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such school district.

HISTORY: Codes, 1942, § 6532-05; Laws, 1950, ch. 231, § 5; Laws, 1986, ch. 492, § 171; brought forward, Laws, 1987, ch. 307, § 27, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

The Election Commission may hold a special election on a separate and distinct school bond issue on the same date as the General Election provided that the procedural requirements of Sections 37-59-11 et seq., particularly the notice provision of Section 37-59-13, are met. Stringer, September 27, 1996, A.G. Op. #96-0656.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 127, 129.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations § 214:16 (notice of bond deduction).

CJS.

78A C.J.S., Schools and School Districts §§ 765-770, 773-778.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

Notice of election on bond issue for consolidated school district must accurately state purpose thereof. Board of Sup'rs v. Clark, 163 Miss. 120, 140 So. 733, 1932 Miss. LEXIS 22 (Miss. 1932).

Order of board of supervisors for issuance of building bonds of consolidated school without proof on file of publication of election notice held void. Board of Sup'rs v. Ottley, 146 Miss. 118, 112 So. 466, 1926 Miss. LEXIS 47 (Miss. 1926).

§ 37-59-15. Conduct of election.

Such election shall be held upon order of the school board, as far as is practicable, in the same manner as other elections are held in such county or municipality. At such election, all qualified electors of such school district may vote. The ballots used at such election shall have printed thereon a brief statement of the amount and the purpose of the proposed bond issue, and the words “FOR THE BOND ISSUE,” and “AGAINST THE BOND ISSUE.” The voter shall vote by placing a cross (X) or check mark (Π) opposite his choice on the proposition.

HISTORY: Codes, 1942, § 6532-06; Laws, 1950, ch. 231, § 6; Laws, 1986, ch. 492, § 172; brought forward, Laws, 1987, ch. 307, § 28, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

A bond election involving a municipal separate school district, even one with added territory from the county, is primarily a municipal election and, therefore, the municipal election commission is the proper body to conduct the election on the question of issuing bonds for a municipal separate school district; however, since the municipal separate school district does have added territory from the county, the county registrar should cooperate with and supply to the municipal election commission an accurate list of county voters eligible to participate in the election. Shepard, June 26, 1998, A.G. Op. #98-0365.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 133 et seq.

CJS.

78A C.J.S., Schools and School Districts §§ 765-770, 773-778.

§ 37-59-17. Determination of results of election; time period for issuance of bonds.

When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such county or municipality, and certified by them to the school board of the school district, it shall be the duty of such school board to determine and adjudicate whether or not three-fifths (3/5) of the qualified electors who voted in such election voted in favor of the issuance of such bonds. Unless three-fifths (3/5) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths (3/5) of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the school board of such school district shall issue such bonds, either in whole or in part, within two (2) years from the date of such election, or within two (2) years after the final favorable termination of any litigation affecting the issuance of such bonds, as such school board shall deem best.

HISTORY: Codes, 1942, § 6532-07; Laws, 1950, ch. 231, § 7; Laws, 1986, ch. 492, § 173; brought forward, Laws, 1987, ch. 307, § 29, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

It is the duty of the school board, and not the election commission, to determine whether or not a 3/5 majority vote has been attained; the commission only certifies the votes, determining the number of legal votes and how many votes were in favor and against the bond election. Minor, Nov. 14, 1991, A.G. Op. #91-0793.

Only ballots in which qualified voters have voted for or against the bond election shall be counted to determine whether a 3/5’s majority has been reached. Merely because a qualified elector votes on a ballot which contains a bond election as well as other elections does not mean that the voter participated in the bond election. Minor, Nov. 14, 1991, A.G. Op. #91-0793.

If voters voted in other elections but did not vote in the bond election, their ballots should not be counted for the purpose of determining the total number of qualified electors who voted in the bond election. Minor, Nov. 14, 1991, A.G. Op. #91-0793.

A bond election involving a municipal separate school district, even one with added territory from the county, is primarily a municipal election and, therefore, the municipal election commission is the proper body to conduct the election on the question of issuing bonds for a municipal separate school district; however, since the municipal separate school district does have added territory from the county, the county registrar should cooperate with and supply to the municipal election commission an accurate list of county voters eligible to participate in the election. Shepard, June 26, 1998, A.G. Op. #98-0365.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 139 et seq.

20 Am. Jur. Pl & Pr Forms (Rev), Public Securities and Obligations, Form 44 (complaint, petition, or declaration for declaratory judgment as to validity of approval by electors of act authorizing bond issue and to restrain issuance if invalid); Form 55 (complaint, petition, or declaration for declaratory judgment that ordinance authorizing bond issue is invalid and to enjoin payment of bonds issued and issuance of additional bonds).

CJS.

78A C.J.S., Schools and School Districts §§ 765-770, 773-778.

JUDICIAL DECISIONS

1. In general.

2. Issuance of bonds.

1. In general.

Black voters failed to show that race accounted for “no” votes of white electorates in school bond issue elections, and thus they failed to show that §37-59-17 (requiring school bond referenda to be passed by a 60 percent majority vote rather than a simple majority) violated the Voting Rights Act (42 USCS § 1973), where the black student population exceeded 50 percent in only 15 of 36 elections in which the 60 percent standard actually impacted the outcome of the election, and it was likely that the defeat of the bond issues stemmed from property owners’ aversion to additional taxation. Armstrong v. Allain, 893 F. Supp. 1320, 1994 U.S. Dist. LEXIS 20535 (S.D. Miss. 1994), aff'd, 62 F.3d 396, 1995 U.S. App. LEXIS 21306 (5th Cir. Miss. 1995).

Procedure used by election commissioners and managers in determining the residence, qualifications of persons seeking to vote on school bond election complied with the statutes and constituted a practical method. Tedder v. Board of Sup'rs, 214 Miss. 717, 59 So. 2d 329, 1952 Miss. LEXIS 512 (Miss. 1952).

2. Issuance of bonds.

The county board of supervisors is required to issue school bonds if it finds all the jurisdictional facts to exist for so doing, for this section [Code 1942, § 6532-07] was enacted in the public interest, and it was not the intention of the legislature that a board of supervisors might arbitrarily decline to issue bonds where such jurisdictional facts exist for their issuance. Franklin v. Quitman County Bd. of Educ., 288 F. Supp. 509, 1968 U.S. Dist. LEXIS 11706 (N.D. Miss. 1968).

§ 37-59-19. Procedure for issuance of bonds upon petition of majority of qualified electors of school district generally.

When a petition signed by a majority of the qualified electors residing within the school district on behalf of which bonds are to be issued, fixing the maximum amount of such bonds, such maximum amount not to exceed Ten Thousand Dollars ($10,000.00), and the purpose or purposes for which they are to be issued, shall be filed with the school board of the school district, praying for the issuance of bonds for any of the purposes enumerated in Section 37-59-3, the school board shall issue the bonds of such school district in the manner provided in this article, in the amount and for the purpose or purposes set forth in such petition, without the necessity of calling an election upon the question of whether or not such bonds shall be issued. The finding of the school board as to the sufficiency of any such petition shall be final and conclusive, unless such finding be appealed from in the manner provided by law.

HISTORY: Codes, 1942, § 6532-08; Laws, 1950, ch. 231, § 8; Laws, 1954, ch. 257, § 1; Laws, 1986, ch. 492, § 174; Laws, 1987, ch. 307, § 30, eff from and after passage (approved March 3, 1987).

Cross References —

Necessity that petitions be signed personally by petitioners, see §1-3-75.

Issuance of bonds upon petition of electors where district lies in two or more counties, see §37-59-21.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 114-116.

CJS.

78A C.J.S., Schools and School Districts § 761.

JUDICIAL DECISIONS

1. In general.

2. Scope of review.

3.-10. [Reserved for future use.]

11. Under former law.

1. In general.

School bonds may be issued upon petition of a majority of qualified voters, without an election and without notice. In re Magee Consol. School Bonds, 212 Miss. 454, 54 So. 2d 664, 1951 Miss. LEXIS 469 (Miss. 1951).

2. Scope of review.

On appeal to the circuit court from an order of the board of supervisors of Neshoba County directing issuance of bonds in the amount of $40,000 for the benefit of a high school, the circuit court had authority to hear and determine the matter only on the case as presented by the bill of exceptions as an appellate court, and hence the trial court was correct in refusing to permit the introduction of evidence on the hearing of the cause in the circuit court. East Neshoba Vocational High School Bonds v. Board of Sup'rs, 213 Miss. 146, 56 So. 2d 394, 1952 Miss. LEXIS 343 (Miss. 1952).

3.-10. [Reserved for future use.]

11. Under former law.

Act of 1948, ch 295, authorizing board of trustees of consolidated school districts, in their discretion, to issue bonds on petition of majority of qualified electors of such districts as provided in Code 1942, § 6370, authorizing issuance of bonds for improvement and repairs of school buildings, did not repeal § 6370, but merely provided an additional method of issuing bonds. In re Savannah Special Consol. School Dist., 208 Miss. 460, 44 So. 2d 545, 1950 Miss. LEXIS 265 (Miss. 1950).

If majority of qualified electors do not sign petition for bond issue under Code 1942, § 6370, petition is insufficient, power of board to issue bonds is destroyed, and bond issue cannot be upheld and validated, because not authorized in conformity to law. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

It is necessary for order of board of supervisors granting petition for issuance of bonds under Code 1942, § 6370, to recite that petition has been signed by majority of qualified electors, that school district was legally organized and existing, that amount of bonds petitioned for will not exceed any constitutional or statutory limitation, and that bonds are being issued for purposes authorized by law as set forth in this section. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

When majority of those entitled to vote, by petition pray for issuance of bonds by consolidated school districts, under provisions of Code 1942, § 6370, an election is unnecessary. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

Provision that board of supervisors “may” issue bonds for consolidated school district means that board shall do so if they find all jurisdictional facts to exist for so doing, since statute was enacted in public interest, and it was not intention of legislature that a board of supervisors may arbitrarily decline to issue bonds where such jurisdictional facts exist for their issuance. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

It is judicial function of board of supervisors to decide question of whether or not majority of qualified electors of school district have petitioned for issuance of bonds, to determine whether amount petitioned for will exceed any statutory limitation thereon, and to determine whether or not bonds are to be issued for purposes authorized by law, and this judicial function of board cannot be controlled by writ of mandamus. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

It becomes mere ministerial duty of board of supervisors to issue bonds for consolidated school district as petitioned for, performance of which duty can be compelled by mandamus, when the presence of all jurisdictional facts has been affirmatively adjudicated by board, or by circuit court upon appeal from order of board. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

In proceedings for issuance of bonds, under Code 1942, § 6370, allegations of objectors that signers of petition did not constitute a majority, which, if true, would render bonds void, was improperly stricken by the court, which should have heard and determined the same as required by due process. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

The approval and adoption of plans for the improvement is not required before bonds may be issued under Code 1942, § 6370. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

Since bonds for consolidated school districts may be issued on petition of majority of qualified electors under Code 1942, § 6370, and no provision is made for notice to those affected so that they may have an opportunity to be heard prior to issuance, the validating act, Code 1942, § 4314, must be construed so as to give to those who have had no opportunity to protest action of board the right to hearing, when they respond to notice to taxpayers in validation proceedings, otherwise state constitutional provision against deprivation of property except by due process of law is violated. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

When board of supervisors rejects petition of electors residing in consolidated school district for issuance of bonds, for reason board deems sufficient, or for no reason at all, without adjudicating necessary jurisdictional facts to exist, remedy of petitioners is appeal to circuit court under Code 1942, § 1195, and not petition for writ of mandamus under Code 1942, § 1109, on which appeal petitioners can obtain in circuit court adjudication of all jurisdictional facts which are alleged to have existed by having such facts embodied in bill of exceptions. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

Remedy of one who is party to proceedings before board of supervisors and is aggrieved by its decision is by appeal on bill of exceptions to circuit court, under Code 1942, § 1195, and if this remedy is not pursued as provided by law, objections to board’s decision constitute collateral attack which cannot be maintained. Board of Sup'rs v. State, 205 Miss. 43, 38 So. 2d 314, 1949 Miss. LEXIS 410 (Miss. 1949).

The act of the president of a board of supervisors, in signing bill of exceptions to the board’s order for issuance of school bonds, was an acknowledgment that the objections set out in the bill were in fact made by the persons who had appeared as objectors, but did not constitute an agreement that the facts therein recited were true. Adcock v. Board of Sup'rs, 191 Miss. 379, 2 So. 2d 556, 1941 Miss. LEXIS 137 (Miss. 1941).

Where bill of exceptions in appeal in from order of board of supervisors, adjudicating all necessary jurisdictional facts to entitle board to issue bonds on behalf of consolidated school district, undertook to recite the matters and things which had transpired at the meeting at which order had been made, by setting forth the objections made at the meeting and averring facts in conflict with the express adjudications contained in order, but failed to state grounds on which judgment appealed from had been entered, as required by statute in case of appeal, order appealed from, which was attached to the bill of exceptions as an exhibit and made a part thereof by statute, was affirmed. Adcock v. Board of Sup'rs, 191 Miss. 379, 2 So. 2d 556, 1941 Miss. LEXIS 137 (Miss. 1941).

Where a majority of the qualified electors residing in a consolidated school district, by petition, request issuance of bonds for certain school purposes, it is not necessary to call for an election on the question, unless the petition itself is qualified by a request therein that an election be called; and the requirement that the bond shall be issued “in the manner provided for by law” has reference to the details of the issuance, and not to the primary question whether the bonds shall be issued. In re Validation Bonds of Orange Grove Consol. School Dist., 187 Miss. 373, 193 So. 6, 1940 Miss. LEXIS 218 (Miss. 1940).

Mistake of county school board in locating school house outside of district and in another county did not render order of board creating the district invalid. Keeton v. Board of Sup'rs, 117 Miss. 72, 77 So. 906, 1918 Miss. LEXIS 148 (Miss. 1918).

Board of supervisors properly refused to allow amendment of petition for bond issue in absence of petition. Trustees of Walton School v. Board of Sup'rs, 115 Miss. 117, 75 So. 833, 1917 Miss. LEXIS 191 (Miss. 1917).

§ 37-59-21. Procedure for issuance of bonds upon petition where district lies in two or more counties.

If the territory of such school district as is provided for in section 37-59-19, lies in two or more counties, bonds may be issued as provided herein by the board of supervisors of the county having the greatest assessed valuation of taxable property within such district, upon petition of a majority of the qualified electors residing within the district as a whole. In such cases, a counterpart of the petition shall be separately circulated in that part of the district situated within each of the counties involved, and the said petitions shall be filed with the respective boards of supervisors. Each such board shall thereupon determine, by resolution entered upon its minutes, the number of qualified electors of such county residing within such district, and the number of qualified electors of such district who have signed such petition, and shall transmit a certified copy of such resolution and of such petition to the board of supervisors of the county having the greater assessed valuation of taxable property within such district. The latter board shall thereupon determine, by resolution entered upon its minutes, the total number of qualified electors residing within such district as a whole, and the total number of qualified electors of such district who have signed such petitions. If the latter board thereupon finds and determines that such petitions have been signed by a majority of all of the qualified electors residing within such district, regardless of county lines, such board may proceed to issue bonds in the amount and for the purpose or purposes set forth in such petition.

The maximum amount of such bonds which may be issued by petition shall not exceed the sum of ten thousand dollars ($10,000.00), and the total amount of bonds so issued by petition in any twelve-month period shall not exceed the sum of ten thousand dollars ($10,000.00).

HISTORY: Codes, 1942, § 6532-08; Laws, 1950, ch. 231, § 8; Laws, 1954, ch. 257, § 1.

Cross References —

Necessity that petitions be signed personally by petitioners, see §1-3-75.

Procedure for issuance of bonds upon petition of electors generally, see §37-59-19.

Issuance of bonds upon election where district lies in two or more counties, see §37-59-22.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 114-116.

CJS.

78A C.J.S., Schools and School Districts § 761.

JUDICIAL DECISIONS

1. In general.

2. Scope of review.

1. In general.

School bonds may be issued upon petition of a majority of qualified voters, without an election and without notice. In re Magee Consol. School Bonds, 212 Miss. 454, 54 So. 2d 664, 1951 Miss. LEXIS 469 (Miss. 1951).

2. Scope of review.

On appeal to the circuit court from an order of the board of supervisors of Neshoba County directing issuance of bonds in the amount of $40,000 for the benefit of a high school, the circuit court had authority to hear and determine the matter only on the case as presented by the bill of exceptions as an appellate court, and hence the trial court was correct in refusing to permit the introduction of evidence on the hearing of the cause in the circuit court. East Neshoba Vocational High School Bonds v. Board of Sup'rs, 213 Miss. 146, 56 So. 2d 394, 1952 Miss. LEXIS 343 (Miss. 1952).

§ 37-59-22. Procedure for issuance of bonds upon election where district lies in two or more counties; levy of special tax.

Whenever a school district lies in two (2) or more counties of the State of Mississippi before any money shall be borrowed under the provisions of this chapter, the school board of the school district shall adopt a resolution declaring the necessity for borrowing such money, declaring its intention to borrow such money and to issue the negotiable bonds of the school district as evidence of same, specifying the approximate amount to be so borrowed, and how such indebtedness is to be evidenced. Such resolution shall also set forth the nature and approximate cost of the alterations, additions and repairs to be made, and shall declare in said resolution that no funds are available in the school funds of the district or from any other source with which to make such repairs, alterations, additions, purchases, erections or improvements.

Whenever a resolution is adopted by the school board as provided in this paragraph, or a petition signed by not less than ten percent (10%) of the qualified electors of a school district, fixing the maximum amount of such school bonds and the purpose or purposes for which they are to be issued, the school board shall adopt a resolution calling an election to be held within such school district for the purpose of submitting to the qualified electors thereof the question of the issuance of bonds in the amount and for the purpose or purposes as set forth in such resolution or petition. The resolution calling such election shall designate the date upon which the election shall be held and the place or places within such district at which such election shall be held, which place or places may or may not be the schoolhouse or schoolhouses in such district.

The board of supervisors of the county which authorizes the issuance of the bonds shall annually levy upon all the taxable property within such district, without regard to county lines, a special tax, which shall be sufficient to provide for the payment of the principal of and interest on such bonds according to the terms thereof. Such board shall annually certify to the board of supervisors of the other county or counties in which a portion of the district is situated, the rate of taxation so fixed, and it shall be the duty of such other board or boards to cause such rate of taxation to be levied upon all the taxable property within the boundaries of such district situated within their respective counties. The taxes shall be collected and deposited as other taxes are collected and deposited in such county or counties, and the board of supervisors thereof shall thereupon cause such taxes to be remitted to the county depository for the county in which the bonds were issued.

HISTORY: Laws, 1978, ch. 409, § 1; Laws, 1993, ch. 327, § 1, eff from and after August 9, 1993 (the date the United States Attorney General interposed no objections under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).

Editor’s Notes —

On August 9, 1993, the United States Attorney General interposed no objections under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1993, ch. 327, § 1.

Cross References —

Procedure for issuance of bonds upon petition where district lies in two or more counties, see §37-59-21

Additional requirements relating to special tax levy, see §37-59-23.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 114-116, 126 et seq., 133 et seq., 309, 311, 312, 316.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations § 214:16. (notice of bond election).

20 Am. Jur. Pl & Pr Forms (Rev) Public Securities and Obligations, Forms 2, 5, 6 (initiating petitions or applications).

CJS.

78A C.J.S., Schools and Schools Districts §§ 763, 765-770, 773-778.

§ 37-59-23. Levy of special tax to pay principal and interest on bonds.

The levying authority, as defined in Section 37-57-1(1)(b), acting for and on behalf of any school district, shall annually levy a special tax upon all of the taxable property within such school district, except as provided in Section 37-7-104.3(8) and (9), which shall be sufficient to provide for the payment of the principal of and the interest on school bonds issued under the provisions of this article according to the terms thereof, including any school bonds issued pursuant to Section 37-7-104.3(8) and (9).

In the case of school bonds issued under the provisions of Section 37-59-21, it shall be the duty of the board of supervisors of the county having the greater assessed valuation of taxable property within such district to annually levy upon all of the taxable property within such district, without regard to county lines, a special tax, which shall be sufficient to provide for the payment of the principal of and interest on such bonds according to the terms thereof. Such board shall annually certify to the board of supervisors of the other county or counties in which a portion of the district is situated the rate of taxation so fixed, and it shall be the duty of such other board or boards to cause such rate of taxation to be levied upon all of the taxable property within the boundaries of such district situated within their respective counties. Said taxes shall be collected and deposited as other taxes are collected and deposited in such county or counties, and the tax collector thereof shall thereupon cause such taxes to be remitted to the county depository of the county for which the bonds were issued.

HISTORY: Codes, 1942, §§ 6532-03, 6532-08; Laws, 1950, ch. 231, §§ 3, 8; Laws, 1954, ch. 257, § 1; Laws, 1971, ch. 341, § 1; Laws, 1986, ch. 492, § 175; brought forward, Laws, 1987, ch. 307, § 31, Laws, 1988, ch. 301, § 1; Laws, 2014, ch. 537, § 4, eff from and after passage (approved Apr. 24, 2014.).

Amendment Notes —

The 2014 amendment, in the first paragraph, inserted “except as provided in Section 37-7-104.3(8) and (9),” and added “including any school bonds issued pursuant to Section 37-7-104.3(8) and (9)” at the end.

OPINIONS OF THE ATTORNEY GENERAL

Tunica County School District has authority to levy tax to repay EPA loan for asbestos removal from schools in district; taxes levied for payment of principal and interest on general obligation school bonds are excluded from increase limitations set for taxes. Dulaney, July 11, 1990, A.G. Op. #90-0401.

In accordance with Section 57-3-33, projects and property financed under the provisions of said chapter are exempt from all taxation except taxes levied pursuant to Section 27-65-21, Sections 37-57-105 and 37-59-23, and taxes levied pursuant to Section 27-39-329 when said tax is levied expressly “for school district purposes”; a tax levied under Section 37-29-141 for the support of junior (community) college districts is not for “school district purposes.” Beech, Mar. 17, 2006, A.G. Op. 06-0009.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 309, 311, 312, 316.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:93 et seq. (call and redemption provisions).

CJS.

78A C.J.S., Schools and School Districts § 787.

§ 37-59-24. Instructions to deposit tax receipts directly with trustee or paying agent.

Notwithstanding any other provision of law, any school district having outstanding school debt which is repaid at least in part from local ad valorem tax receipts may, for the remaining term of such debt, irrevocably instruct the appropriate local tax collector/assessor in writing to deposit a portion of the monthly ad valorem tax collections for district purposes directly with any state or federally chartered bank serving as trustee or paying agent on such district debt. The district’s instructions to the tax collector/assessor shall specify the amount of tax receipts to be so deposited with the trustee or paying agent and shall be binding on the district and local tax collector/assessor during the term of such debt.

HISTORY: Laws, 1996, ch. 534, § 8, eff from and after July 1, 1996.

§ 37-59-25. Form of bonds; supplemental powers conferred in issuance of bonds.

All bonds issued under the provisions of this article shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting. Provided, however, where the bonds are sold to less than ten (10) purchasers at closing and the purchasers consent, a temporary bond or bonds may be issued in typewritten form pending preparation of the lithographed or engraved bonds for which the temporary bond or bonds may be subsequently exchanged. Such bonds shall be registered as issued, be numbered in a regular series from one (1) upward, and every such bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued, shall be made payable to bearer, or to the registered owner, and interest shall be evidenced by proper coupons thereto attached.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

Bonds issued under the provisions of this article may contain such covenants or other provisions as may be necessary to insure continuing compliance with any federal law applicable to such bonds or the tax exempt nature of the interest income thereon and to assure that such bonds will be readily acceptable in the municipal bond market, provided the same is not inconsistent with the Constitution of the state.

HISTORY: Codes, 1942, § 6532-03; Laws, 1950, ch. 231, § 3; Laws, 1971, ch. 341, § 1; Laws, 1983, ch. 494, § 15; Laws, 1987, ch. 307, § 32; Laws, 1988, ch. 466, § 11, eff from and after July 1, 1988.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 148 et seq.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:73 et seq. (bonds and coupons).

CJS.

79 C.J.S., Schools and School Districts § 371.

§ 37-59-27. Maturities of bonds; interest rates; execution of bonds; maintenance of register of bond issues.

All bonds issued by a school district shall mature annually, with all maturities not longer than twenty (20) years. Not less than one-fiftieth (1/50) total issue shall mature each year during the first five (5) years of the life of such bonds, and not less than one-twenty-fifth (1/25) of the total issue shall mature each year during the succeeding period of ten (10) years of the life of such bonds, and the remainder shall be amortized, as to principal and interest, into approximately equal annual payments, one (1) payment to mature each year for the remaining life of such bonds. However, in cases where bonds shall be issued or dated subsequent to the date fixed for making the school tax levy in the year in which such bonds are to be issued, the first maturity date of not less than one-fiftieth (1/50) of the total issue may be fixed for any period not exceeding two (2) years from the date of the bonds with the same schedule of subsequent maturities as hereinabove set forth. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, Mississippi Code of 1972. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid. All bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds. Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%), and a zero rate of interest cannot be named.

The form and place or places of payment of such bonds shall be fixed in the resolution or order of the school board of such school district issuing such bonds. Such bonds shall be executed by the manual or facsimile signature of the president of the school board and the superintendent of schools, with the official seal or facsimile thereof of such school district affixed thereto. At least one (1) signature on each bond shall be a manual signature, as specified in the issuing resolution. The coupons may bear only the facsimile signatures of such president of the school board and superintendent of schools. However, if so provided in the issuing resolution, if the manual signature of the trustee or other fiduciary or agent charged with authenticating and issuing the bonds is required to be thereon, both the signatures of the president of the school board and the superintendent of schools may be by facsimile. No bonds shall be issued and sold under the provisions of this article for less than par and accrued interest.

The bond register for all outstanding bond issues of such school district shall be maintained by the school board.

HISTORY: Codes, 1942, § 6532-09; Laws, 1950, ch. 231, § 9; Laws, 1969, Ex Sess, ch. 30, § 1; Laws, 1970, ch. 383, § 1; Laws, 1975, ch. 381; Laws, 1976, ch. 307; Laws, 1977, ch. 394; Laws, 1980, ch. 490, § 2; Laws, 1981, ch. 318, § 1; Laws, 1982, ch. 434, § 17; Laws, 1983, ch. 541, § 22; Laws, 1986, ch. 492, § 176; Laws, 1987, ch. 307, § 33, eff from and after passage (approved March 3, 1987).

Cross References —

Limitation on the maximum interest rate to maturity on obligations issued under the provisions of this section, see §75-17-101.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 155, 185.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:73 et seq. (bonds and coupons).

CJS.

78A C.J.S., Schools and School Districts § 784.

JUDICIAL DECISIONS

1.-10. [Reserved for future use.]

11. Under former law.

1.-10. [Reserved for future use.]

11. Under former law.

Bonds issued under this section [Code 1942, § 6370] were not void because of provision that they should mature without option of prior payment. In re Savannah Special Consol. School Dist., 208 Miss. 460, 44 So. 2d 545, 1950 Miss. LEXIS 265 (Miss. 1950).

An order of a board of supervisors for the issuance of twenty school bonds of equal denomination, the first to mature four years from the date of issue, and one each year thereafter until all were paid, was in violation of the statutory provision requiring that not less than one-fiftieth of the total of an issue of bonds shall mature each year during the first five years of the life of the bonds, although the statute authorized the issuance of bonds at such time within four years after the right of the board of supervisors to do so had accrued as the board might deem best. Shamblin v. Board of Supervisors, 192 Miss. 267, 5 So. 2d 675, 1942 Miss. LEXIS 7 (Miss. 1942).

§ 37-59-29. Disposition of proceeds of bonds; liability for diversion of funds.

The proceeds of any bonds issued by a school district shall be placed in the county or municipal treasury or depository, as the case may be, if there be one, as a special fund, and shall be used for no other purpose than that for which such bonds were authorized to be issued. If the school board of the school district or any member thereof, or any other officer, shall wilfully divert or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such bonds were authorized to be issued, then such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the state penitentiary for a term not exceeding five (5) years. In addition, he shall be liable personally and on his official bond for the amount so diverted. Any member of such school board may escape the penalty provided for above by requesting and having his vote recorded in the negative on any illegal diversion of the proceeds of such bonds. Nothing contained in this section shall be construed to prevent the payment or rebate of a portion of the earnings derived from the investment of the bond proceeds to the federal government to the extent required by the federal laws applicable to such bonds or the interest income thereon in order to maintain their tax exempt status.

HISTORY: Codes, 1942, § 6532-10; Laws, 1950, ch. 231, § 10; Laws, 1953, Ex Sess, ch. 31, § 1; Laws, 1986, ch. 492, § 177; Laws, 1987, ch. 307, § 34, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

A resolution which declares that the purpose of the school bond is to provide for a new alternative school and such alternative school may be provided by remodeling or enlarging an existing school building located in the same school zone as originally contemplated does not violate Section 37-59-29. Harrell, May 3, 1996, A.G. Op. #96-0254.

Proceeds from a specified bond issue approved by the voters could not be used for the construction of a high school other than in a specific area where it did not provide for the construction and equipping of a high school in any other location. Adams, March 26, 1999, A.G. Op. #99-0121.

Use of bond proceeds to construct and equip a new elementary school and new middle school with both separate and common facilities would not violate Section 37-59-29. Adams, Mar. 4, 2005, A.G. Op. 05-0072.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 82.

§ 37-59-31. Election on withdrawing or revoking authority to issue bonds or on amending purpose for which bonds may be issued.

In any case where the issuance of the bonds of a school district has been authorized pursuant to referendum of the qualified electors of the school district under the provisions of this article, and at any time prior to the actual issuance and sale of said bonds, there should be a resolution adopted by the school board of the school district on whose behalf the bonds are to be issued requesting either that the authority to issue said bonds be withdrawn and revoked or that the purpose or purposes for which the bonds are to be issued be amended, altered and changed, in which latter case the resolution shall specify distinctly the amendment, alteration and change proposed, the school board shall, within sixty (60) days after the adoption of such resolution, call an election to be held within the school district involved for the purpose of submitting to the qualified electors thereof the question of whether the authority to issue the bonds should be withdrawn and revoked or whether the purpose or purposes for which the bonds are to be issued should be amended, altered and changed, as the case may be. The resolution calling said election shall designate the date upon which the election will be held and the place or places within such district at which same will be held, which place or places may or may not be the school house or school houses of such district. In all respects, notice of the election shall be given for the time and in the manner otherwise provided in this article with respect to elections upon the question of the issuance of bonds of the school district. The results of the election shall be canvassed, returned and determined as is otherwise provided in this article with respect to elections upon the question of the issuance of school district bonds. The ballots used at said election shall have printed thereon a brief statement of the proposal that the authority to issue the bonds be withdrawn and revoked, or of the proposal that the purpose or purposes for which the bonds are to be issued be amended, altered and changed, as the case may be and in the event the proposal be to amend, alter and change the purpose or purposes of the proposed issue of bonds, a brief statement of the amendments, alterations and changes proposed. There shall also be printed on the ballot the words “FOR THE PROPOSITION” and the words “AGAINST THE PROPOSITION” and the voter shall vote by placing a cross (X) or check mark (Π) opposite his choice. If a majority of the qualified electors who vote in said election shall vote in favor of the proposition, and the proposition be to withdraw or revoke the authority to issue said bonds, then the authority to issue such bonds shall terminate; otherwise, the school board shall continue to have the power and authority to issue said bonds to the same extent as though such election shall not have been held. If a majority of the qualified electors who vote in said election shall vote in favor of the proposition, and the proposition be to amend, alter or change the purpose or purposes for which the bonds shall be issued, then the school board shall be authorized to issue said bonds for the purpose or purposes as amended, altered and changed; otherwise, the bonds shall be issued for the purpose or purposes originally specified.

HISTORY: Codes, 1942, § 6532-10; Laws, 1950, ch. 231, § 10; Laws, 1953, Ex Sess, ch. 31, § 1; Laws, 1986, ch. 492, § 178; Brought forward, Laws, 1987, ch. 307, § 35, eff from and after passage (approved March 3, 1987).

§ 37-59-33. Transfer of balance of proceeds of bond issue.

Whenever a balance shall remain of the proceeds of any bond issue after the purpose for which such bonds were issued shall have been accomplished, such balance shall forthwith be transferred to the bond and interest fund applicable to such bond issue.

HISTORY: Codes, 1942, § 6532-11; Laws, 1950, ch. 231, § 11, eff from and after July 1, 1950.

§ 37-59-35. Use of bond and interest funds to buy outstanding bonds.

Whenever there shall be on hand in any bond and interest fund an amount in excess of the amount which will be required for expenditure therefrom within the then next succeeding twelve (12) months, the school board may use such excess amount to purchase the outstanding bonds of such school district which are payable from such fund whenever, in the judgment of such school board, the best interest of the district would be served thereby. When such bonds are purchased, they shall be cancelled and retired and shall not thereafter be resold or reissued. Nothing contained in this section shall be construed to prevent the payment of a portion of the earnings derived from the investment of the amounts in the bond and interest fund to the federal government to the extent required by the federal laws applicable to such bonds or the interest income thereon in order to maintain their tax exempt status.

HISTORY: Codes, 1942, § 6532-12; Laws, 1950, ch. 231, § 12; Laws, 1986, ch. 492, § 179; Laws, 1987, ch. 307, § 36, eff from and after passage (approved March 3, 1987).

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 193.

§ 37-59-37. Borrowing of money for current expenses in anticipation of school district taxes.

The school board of any school district shall have the power and authority to borrow money for the anticipated current year’s expenses of such school district in anticipation of the collection of ad valorem taxes and other revenues of such school district for the then current fiscal year.The money so borrowed shall bear interest at a rate not greater than that allowed in Section 75-17-105 and shall be repaid within fourteen (14) months from the date of such borrowing out of the taxes and revenues in anticipation of which such money is borrowed.Such money shall be used for no other purpose than the payment of the current year’s expenses of such school district.Pending the expenditure of funds borrowed under the provisions of this section, such funds may be invested in any manner in which any school district, municipality, county, state agency or other public body may invest surplus funds.

The amount borrowed under the provisions of this section shall in no event exceed the estimated amount of taxes and revenues collected or to be collected during the last preceding fiscal year, unless the tax levy for the current fiscal year has been made, then the amount borrowed under the provisions of this section shall in no event exceed the estimated amount of taxes and revenues collected or to be collected during the current fiscal year. Revenue anticipation notes issued under the provisions of this section shall be issued within the same fiscal year during which the tax levy is or will be made and other revenues received which it is anticipated will produce the funds from which the said notes will be repaid.

In borrowing money under the provisions of this section, it shall not be necessary to publish notice of intention so to do or to secure the consent of the qualified electors of such school district, either by election or otherwise. Such borrowing shall be authorized by order or resolution of the school board and may be evidenced by negotiable note or notes, signed and executed in such form as may be prescribed in such order or resolution. Such note or notes may be sold at a negotiated sale. Money may be borrowed in anticipation of ad valorem taxes and other revenues under the provisions of this section, regardless of whether or not such borrowing shall create an indebtedness in excess of statutory limitations.

Money may likewise be borrowed by any such school district, as herein provided, for the purpose of paying current interest maturities on any bonded indebtedness of such school district in anticipation of the collection of taxes for the retirement of such bonded indebtedness and the payment of any interest thereon.

HISTORY: Codes, 1942, § 6532-13; Laws, 1950, ch. 231, § 13; Laws, 1952, ch. 415, § 1; Laws, 1954, ch. 277; Laws, 1981, ch. 462, § 10; Laws, 1982, ch. 434, § 18; Laws, 1983, ch. 541, § 23; Laws, 1986, ch. 492, § 180; brought forward, Laws, 1987, ch. 307, § 37; Laws, 1991, ch. 491 § 1; Laws, 1992, ch. 468, § 1; Laws, 1993, ch. 56, § 6; Laws, 2001, ch. 356, § 1; Laws, 2005, 5th Ex Sess, ch. 17, § 1, eff from and after passage (approved Oct. 25, 2005.).

Amendment Notes —

The 2001 amendment inserted the third sentence in the third paragraph.

The 2005 amendment, 5th Ex Sess, ch. 17, provided for two versions of the section; and in the first version, effective through January 31, 2007, designated the former undesignated paragraphs as (1) through (5), added “Except as otherwise provided in subsection (2) of this section” to the beginning of the second sentence in (1), and added (2).

Cross References —

Rate of interest which the notes described in this section shall bear, see §75-17-105.

§ 37-59-39. Repealed.

Repealed by Laws, 1986, ch. 492, § 181, eff from and after July 1, 1987.

[Codes, 1942, § 6532-14; Laws, 1950, ch. 231, § 14; Am, Laws, 1981, ch. 462, § 11; Laws, 1982, ch. 434, § 19; Laws, 1983, ch. 541, § 24]

Editor’s Notes —

Former §37-59-39 authorized boards of supervisors to borrow in anticipation of a county-wide school ad valorem tax levy.

§ 37-59-41. Borrowing of money in anticipation of taxes for benefit of agricultural high schools.

The board of trustees of any agricultural high school shall have the power and authority to borrow money for the current expenses of such agricultural high school in anticipation of the collection of ad valorem taxes for the current fiscal year. The money so borrowed shall bear interest at a rate not greater than that allowed in Section 75-17-105, Mississippi Code of 1972, and shall be repaid not later than the following March 15 out of the first moneys collected by reason of the tax levy or levies in anticipation of which such money is borrowed. The money so borrowed shall be used for no other purpose than the payment of the current expenses of such agricultural high school. The amount borrowed under the provisions of this section shall in no event exceed fifty percent (50%) of the anticipated, but then uncollected, revenue to accrue to such agricultural high school by the tax levy or levies against which such money is borrowed.

In borrowing money under the provisions of this section, it shall not be necessary to publish notice of intention so to do or to secure the consent of the qualified electors, either by election or otherwise. Money may be borrowed under the provisions of this section by authority of a resolution of said board of trustees, and shall be evidenced by a negotiable note or notes, signed and executed in such form as may be prescribed in such resolution. Money may be borrowed in anticipation of ad valorem taxes under the provisions of this section, regardless of whether such borrowing shall create an indebtedness in excess of the statutory limitations.

HISTORY: Codes, 1942, § 6532-15; Laws, 1950, ch. 231, § 15; Laws, 1981, ch. 462, § 12; Laws, 1982, ch. 434, § 20; Laws, 1983, ch. 541, § 25, eff from and after passage (approved April 25, 1983).

Cross References —

Agricultural high schools generally, see §§37-27-1 et seq.

Rate of interest which the notes described in this section shall bear, see §75-17-105.

§ 37-59-43. Investment of surplus funds.

  1. Whenever any school district or levying authority, as defined in Section 37-57-1(1)(b), acting on behalf of a school district, shall have on hand any bond and interest funds, any funds derived from the sale of bonds, or any other funds in excess of the sums which will be required for payment of current obligations and expenses as they come due, and which are not needed or cannot by law be used for the payment of the current obligations or expenses of the school district, the school board of the district shall have the power and authority to invest such excess funds in any bonds or other direct obligations of the United States of America or the State of Mississippi, or of any county or municipality of this state, which such county or municipal bonds have been approved by a reputable bond attorney or have been validated by a decree of the chancery court; or in interest-bearing time certificates of deposit or interest-bearing accounts with or through any financial institution approved for the deposit of state funds; and such institution shall be eligible to hold school district funds to the extent that it is qualified as a depository for state funds; or in any type of investment permitted by Sections 27-105-33(d) and 27-105-33(e). The rate of interest on such time certificates of deposit and interest-bearing accounts may be negotiated. The negotiated rate of interest shall be at the highest rate possible at the date of purchase or investment for such time certificates of deposit or interest-bearing accounts. In any event, the bonds or obligations in which such funds are invested shall mature or be redeemable prior to the time the funds so invested will be needed for expenditure. When bonds or other obligations have been so purchased, the same may be sold or surrendered for redemption at any time, except certificates of deposit which must mature, by order or resolution of such school board, and the president of the school board, when authorized by such order or resolution, shall have the power and authority to execute all instruments and take such other action as may be necessary to effectuate the sale or redemption thereof. In addition to the foregoing, any school board may invest any such funds in the same manner as provided for the investment of sixteenth section principal funds pursuant to Section 29-3-113.
  2. The provisions of subsection (1) of this section shall also apply to funds of community and junior college districts, and the governing authorities of such districts are vested with all power and authority with respect to such funds and matters herein mentioned as are vested in the other boards mentioned above with respect to such matters.
  3. All earnings from funds other than bond funds or bond sinking funds in excess of One Hundred Dollars ($100.00) in any fiscal year, invested according to the provisions of subsections (1) and (2) of this section shall be deposited in the district fund from which the investment was made, or the treasury of the junior college, as the case may be. Earnings from such school district funds which are less than One Hundred Dollars ($100.00) in any fiscal year may be deposited in the school district maintenance fund, or in the district fund from which the investment was made, in the discretion of the school board. Earnings from funds invested out of bond funds or bond sinking funds, together with the principal thereof, shall be deposited in the fund from which the investment was made.
  4. Nothing contained in this section shall be construed to prevent the payment of a portion of the earnings derived from the investment of bond proceeds or any other amounts in the bond fund or related reserve or sinking funds to the federal government to the extent required by the federal laws applicable to such bonds or the interest income thereon in order to maintain their tax exempt status.

HISTORY: Codes, 1942, § 6532-16; Laws, 1950, ch. 231, § 16; Laws, 1958, ch. 292; Laws, 1963, 1st Ex Sess, ch. 16; Laws, 1974, ch. 503; Laws, 1977, ch. 413; Laws, 1985, ch. 310; Laws, 1986, ch. 492, § 182; Laws, 1987, ch. 307, § 38; Laws, 1988, ch. 301, § 2; Laws, 1988, ch. 473, § 10; Laws, 1993, ch. 562, § 7; Laws, 2002, ch. 451, § 1; Laws, 2002, ch. 636A, § 1; Laws, 2007, ch. 426, § 6, eff from and after passage (approved Mar. 22, 2007.).

Joint Legislative Committee Note —

Section 1 of ch. 451, Laws of 2002, effective July 1, 2002, amended this section. Section 1 of ch. 636A, Laws of 2002, effective from and after passage (approved March 30, 2002), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the May 16, 2002 meeting of the Committee.

Editor’s Notes —

Laws of 2002, ch. 636A, was House Bill 1337, 2002 Regular Session, and originally passed the House of Representatives on February 11, 2002, and the Senate on March 7, 2002. The Governor vetoed House Bill 1337 on March 27, 2002. The veto was overridden by the House of Representatives on March 29, 2002, and by the Senate on March 30, 2002.

Amendment Notes —

The first 2002 amendment (ch. 451) added the last sentence of (1).

The second 2002 amendment (ch. 636A) added the last sentence of (1); and inserted “community and” preceding “junior college districts” in (2).

The 2007 amendment inserted “or through” following “interest-bearing accounts with” in the first sentence of (1).

Cross References —

Investment of surplus funds by county, see §19-9-29.

Investment and lending of sixteenth section principal funds, see §29-3-113.

OPINIONS OF THE ATTORNEY GENERAL

A school board can choose to exercise its authority to invest school funds, including sixteenth section principal funds, by establishing a district investment plan and authorizing a particular school official to implement the plan by carrying out purchases and sales of securities and other investments of the type authorized by §29-3-113 and this section; the school board members would still be responsible for the safety of such funds and would not escape liability for their loss in the event they were lost through unlawful or negligent act of the designated school official approving transactions or any other person or by the failure to have the funds adequately capitalized as may be required by law in an applicable case. Turner, August 28, 1998, A.G. Op. #98-0475.

A school district may purchase such securities and obligations as allowed by state law through brokers, who may charge an agreed fee for their services, provided the fee is found by the school board to be reasonable and commensurate with those services; there is no authority for a school district to pay more than the market value of securities by means of a mark up by a dealer. Turner, August 28, 1998, A.G. Op. #98-0475.

A school board may not lawfully invest ad valorem tax receipts in commercially traded stocks and bonds (i.e., securities not underwritten by the full faith and credit of the State of Mississippi and/or direct obligations of the United States Treasury). Pate, January 15, 1999, A.G. Op. #98-0775.

An investment consultant may be hired to assist a school district with the investment of its surplus funds. Pate, January 15, 1999, A.G. Op. #98-0775.

This statute prevails for investments of excess funds for community/junior colleges. McLeod, Mar. 28, 2002, A.G. Op. #02-0119.

JUDICIAL DECISIONS

1. In general.

Bonds in which surplus funds have been invested may not be sold at less than their market value or without proceeding in accordance with common prudence and sound business judgment. Daniels v. Sones, 245 Miss. 461, 147 So. 2d 626, 1962 Miss. LEXIS 567 (Miss. 1962).

§ 37-59-45. Article as sole authority for incurring of indebtedness.

No interest-bearing indebtedness shall hereafter be incurred by any such school district except in the manner provided in this article or as may otherwise be provided by law.

HISTORY: Codes, 1942, § 6532-17; Laws, 1950, ch. 231, § 17, eff from and after July 1, 1950.

Article 3. Additional Authority to Issue Notes and Certificates of Indebtedness.

§ 37-59-101. Purposes for which money may be borrowed.

The school board of any school district in the county is authorized and empowered, in its discretion, to borrow money under the terms and conditions specified in this article for the purpose of making repairs, alterations and additions to school buildings of such school districts, for the purpose of erecting school buildings and other buildings used for school purposes, for the purpose of purchasing heating plants, air conditioning, fixtures and equipment for such buildings, for the purpose of purchasing land for school purposes, school buses and transportation equipment, and for the purpose of improving and equipping such lands for school recreational and athletic purposes.

HISTORY: Codes, 1942, § 6533-01; Laws, 1953, Ex Sess, ch. 30, § 1; Laws, 1956, ch. 275; Laws, 1968, ch. 409, § 1; Laws, 1986, ch. 492, § 183; brought forward, Laws, 1987, ch. 307, § 39; Laws, 1991, ch. 534, § 14, eff from and after passage (approved April 11, 1991).

Cross References —

Uniform system for issuance of negotiable notes or certificates of indebtedness, see §§17-21-51 et seq.

Issuance of county bonds generally, see §§19-9-1 et seq.

Issuance of municipal bonds generally, see §§21-33-301 et seq.

Issuance of bonds by municipalities and municipal separate school districts for establishment and maintenance of agricultural high schools, see §37-27-63.

Issuance of bonds by counties for establishment and development of agricultural high schools, see §37-27-65.

Issuance of bonds by municipalities and municipal separate school districts for establishment and maintenance of junior colleges, see §37-29-265.

Issuance by state bond commission of state school bonds, see §37-47-33.

Pledge of monies from Education Enhancement Fund to pay debt service on debt issued under this article, see §37-61-33.

OPINIONS OF THE ATTORNEY GENERAL

Registrar’s certification is prima facie evidence that petition was signed by individuals whose names appear thereon and that said individuals are qualified electors. In order for school board to disregard any name appearing on petition, substantial evidence must be presented at open meeting with proper notice and opportunity for interested parties to be heard. Doggett Sept. 8, 1993, A.G. Op. #93-0644.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110-112.

CJS.

78A C.J.S., Schools and School Districts §§ 757, 758.

§ 37-59-103. Adoption of resolution of necessity by board of trustees of school district.

Before any money shall be borrowed under the provisions of this article, the school board of the school district shall adopt a resolution declaring the necessity for and its intention of borrowing such money, specifying the amount to be so borrowed, the date or dates of the maturity thereof, and how such indebtedness is to be evidenced. Such resolution shall also set forth the nature and approximate cost of the alterations, additions, and repairs to be made, or of the erections contemplated, or of the heating plant, fixtures and equipment necessary to be purchased, or of the land to be purchased, improved or equipped, or of the school buses and transportation equipment to be purchased, as the case may be, and shall declare in said resolution that no funds are available in the school funds of the district or from any other source with which to make such repairs, alterations, additions, purchases, erections or improvements.

HISTORY: Codes, 1942, § 6533-02; Laws, 1953, Ex Sess, ch. 30, § 2; Laws, 1986, ch. 492, § 184; Laws, 1987, ch. 307, § 40, eff from and after passage (approved March 3, 1987).

Cross References —

Uniform system for issuance of negotiable notes or certificates of indebtedness, see §§17-21-51.

Declaration of intention by local authorities; election; issuance of indebtedness, see §37-59-105.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 117.

CJS.

78A C.J.S., Schools and School Districts §§ 757, 758.

§ 37-59-105. Declaration of intention by local authorities; election; issuance of indebtedness.

The said resolution adopted by the school board pursuant to Section 37-59-103 shall be published once each week for two (2) 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 fifteen (15) days prior to the date upon which the school board is to take final action upon the question of authorizing the borrowing of said money. If no petition requesting an election is filed prior to such meeting, then the school board shall, at said meeting, by resolution spread upon its minutes, give final approval to the borrowing of said money and shall authorize the issuance of negotiable notes or certificates of indebtedness of the school district therefor in accordance with the provisions of this article.

If at any time prior to said meeting a petition signed by not less than twenty percent (20%) of the qualified electors of the school district involved shall be filed with the school board requesting that an election be called on the question of incurring said indebtedness, then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of the incurring of said indebtedness for the purposes and in the amount requested. Such election shall be called and held, and notice thereof shall be given, in the same manner provided in Article 1 of this chapter for elections upon the question of the issuance of the bonds of school districts, and the results thereof shall be certified to the school board. If three-fifths (3/5) of the qualified electors voting in said election shall vote in favor of incurring said indebtedness, then the school board shall proceed to issue said negotiable notes or certificates of indebtedness as prayed for in the original resolution of the school board; however, if less than three-fifths (3/5) of the qualified electors voting in said election vote in favor of incurring said indebtedness, then said notes or certificates of indebtedness shall not be issued.

Money may be borrowed under the provisions of this article and the negotiable notes or certificates of indebtedness evidencing same may be issued as provided in this article (1) without the necessity of being authorized in an election called for that purpose, except where a petition requesting an election is filed as provided herein and (2) without the necessity of giving notice thereof except as specifically provided herein, and specifically without the necessity of complying with the requirements of Section 31-19-25.

HISTORY: Codes, 1942, §§ 6533-03, 6533-09; Laws, 1953, Ex Sess, ch. 30, §§ 3, 9; Laws, 1986, ch. 429, § 3; Laws, 1986, ch. 492, § 185; Laws, 1987, ch. 307, § 41, eff from and after passage (approved March 3, 1987).

OPINIONS OF THE ATTORNEY GENERAL

Registrar’s certification is prima facie evidence that petition was signed by individuals whose names appear thereon and that said individuals are qualified electors. In order for school board to disregard any name appearing on petition, substantial evidence must be presented at open meeting with proper notice and opportunity for interested parties to be heard. Doggett Sept. 8, 1993, A.G. Op. #93-0644.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 117, 126 et seq., 133 et seq.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations § 214:16 (notice of bond deduction).

20A Am. Jur. Pl & Pr Forms (Rev), Public Securities and Obligations, Form 44 (complaint, petition, or declaration for declaratory judgment as to validity of approval by electors of act authorizing bond issue and to restrain issuance if invalid).

CJS.

78A C.J.S., Schools and School Districts §§ 761, 762.

§ 37-59-107. Annual levy of special tax.

The levying authority for the school district shall annually levy a special tax on all of the taxable property of the school district on whose behalf the notes or certificates of indebtedness are issued, except as provided in Section 37-7-104.3(7), in an amount which shall be sufficient to pay the principal of and interest upon such negotiable notes or certificates of indebtedness as the same shall respectively mature and accrue, including any notes issued under the direction of a conservator of a school district pursuant to the authority of Section 37-7-104.3(7). Said tax shall be levied and collected at the same time and in the same manner as other taxes are collected and said tax shall be in addition to all other taxes authorized by law. It is expressly provided, however, that, except as provided in Section 37-7-104.3(7), such annual tax levy shall not exceed three (3) mills on the dollar for the payment of all notes issued under the provisions of this article and all notes previously issued under the statutes hereby repealed. The special tax so levied shall be collected by the tax collector of the county at the same time and in the same manner as other taxes are collected, and the proceeds thereof shall be paid to the school district and shall be used exclusively for the payment of principal of and interest upon such negotiable notes or certificates of indebtedness.

HISTORY: Codes, 1942, § 6533-05; Laws, 1953, Ex Sess, ch. 30, § 5; Laws, 1986, ch. 429, § 1; Laws, 1986, ch. 492, § 186; Laws, 2014, ch. 537, § 5, eff from and after passage (approved Apr. 24, 2014.).

Amendment Notes —

The 2014 amendment inserted “except as provided in Section 37-7-104.3(7)” in the first and third sentences; and added “including any notes issued under the direction of a conservator of a school district pursuant to the authority of Section 37-7-104.3(7)” at the end of the first sentence.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 309, 311, 312, 316.

CJS.

78A C.J.S., Schools and School Districts § 787.

§ 37-59-109. Procedure for issuance of bonds where district lies in two or more counties; levy of special tax.

If the school district on whose behalf money is to be borrowed under the provisions of this article shall lie in two (2) or more counties, said school board shall take all steps required by this article in the issuance of the negotiable notes or certificates of indebtedness of the district without regard to county lines. The negotiable notes or certificates of indebtedness shall be general obligations of the entire school district without regard to county lines and shall constitute a lien upon all of the taxable property thereof.

The board of supervisors of the county which furnishes the largest assessed valuation of the property in the district shall annually certify to the board of supervisors of each county in which the district is located the amount of the annual tax levy required for the payment of the principal of and interest upon said notes or certificates of indebtedness, and each such board of supervisors shall annually levy such tax at the same time and in the same manner as other taxes are levied by such board in the amount so fixed. The taxes so levied shall be collected by the tax collector of each county in the same manner as other taxes are collected and shall be remitted to the school district depository. Such school district depository shall deposit said funds to the credit of the special fund provided for in Section 37-59-107 for the payment of the principal of and interest upon such notes or certificates of indebtedness.

HISTORY: Codes, 1942, § 6533-07; Laws, 1953, Ex Sess, ch. 30, § 7; Laws, 1986, ch. 492, § 187; brought forward, Laws, 1987, ch. 307, § 42, eff from and after passage (approved March 3, 1987).

§ 37-59-111. Execution of negotiable notes or certificates of indebtedness; interest; maturity.

All indebtedness incurred under the provisions of this article shall be evidenced by the negotiable notes or certificates of indebtedness of the school district on whose behalf the money is borrowed.Said notes or certificates of indebtedness shall be signed by the president of the school board and superintendent of schools of such school district.Such notes or certificates of indebtedness shall not bear a greater overall maximum interest rate to maturity than the rates now or hereafter authorized under the provisions of Section 19-9-19.No such notes or certificates of indebtedness shall be issued and sold for less than par and accrued interest. All such notes or certificates of indebtedness shall mature according to the following:

All notes or certificates of indebtedness issued for purposes authorized under Section 37-59-101, with the exception of the financing of school buses and transportation equipment, shall mature in approximately equal installments of principal and interest over a period not to exceed twenty (20) years from the date of issuance thereof.Provided, however, that if negotiable notes used to finance other such capital improvements are outstanding from not more than one (1) previous issue authorized under the provisions of this article, then the schedule of payments for a new or supplementary issue may be so adjusted that the schedule of maturities of all notes or series of notes hereunder shall, when combined, mature in approximately equal installments of principal and interest over a period of twenty (20) years from the date of the new or supplementary issue, or if a lower interest rate will be secured on notes previously issued and outstanding, a portion of the proceeds of any issue authorized hereunder may be used to refund the balance of the indebtedness previously issued under the authority of this article.

All notes or certificates of indebtedness for purposes of financing of school buses and transportation equipment shall mature in approximately equal installments of principal and interest over a period not to exceed ten (10) years from the date of issuance thereof.Provided, however, that if negotiable notes used to finance such noncapital improvements are outstanding from not more than one (1) previous issue authorized under the provisions of this article, then the schedule of payments for a new or supplementary issue may be so adjusted that the schedule of maturities of all notes or series of notes hereunder shall, when combined, mature in approximately equal installments of principal and interest over a period of ten (10) years from the date of the new or supplementary issue, or if a lower interest rate will thereby be secured on notes previously issued and outstanding, a portion of the proceeds of any issue authorized hereunder may be used to refund the balance of the indebtedness previously issued under the authority of this article.

Such notes or certificates of indebtedness shall be issued in such form and in such denominations as may be determined by the school board, and same may be made payable at the office of any bank or trust company selected by the school board, and, in such case, funds for the payment of principal and interest due thereon shall be provided in the same manner provided by law for the payment of the principal and interest due on bonds issued by the taxing districts of this state.

Any school district in Mississippi may borrow money from the United States Department of Agriculture Rural Development agency under any provision of state or federal law that provides for the borrowing of money by school districts.

HISTORY: Codes, 1942, § 6533-04; Laws, 1953, Ex Sess, ch. 30, § 4; Laws, 1968, ch. 410, § 1; Laws, 1970, ch. 384, § 1; Laws, 1973, ch. 428, § 1; Laws, 1986, ch. 429, § 2; Laws, 1986, ch. 492, § 188; Laws, 1987, ch. 307, § 43; Laws, 2000, ch. 539, § 1; Laws, 2005, 5th Ex Sess, ch. 23, § 3, eff from and after passage (approved Oct. 24, 2005.).

Amendment Notes —

The 2000 amendment rewrote the section to increase the authorized term to maturity of notes or certificates of indebtedness issued by school districts for capital improvements.

The 2005 amendment, 5th Ex Sess, ch. 23, provided for two versions of the section; in the first version, effective from and after October 24, 2005, through June 30, 2007, inserted the second sentence and inserted “as provided herein” following “when combined, mature” in (a) and (b), and added the last paragraph of (b); and in the second version, effective from and after July 1, 2007, added the last paragraph of (b).

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 155, 185.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:72 et seq. (bonds and coupons).

CJS.

78A C.J.S., Schools and School Districts § 784.

§ 37-59-113. Disposition of proceeds of notes or certificates; disposition of balance of proceeds.

The proceeds of any negotiable notes or certificates of indebtedness issued under the provisions of this article shall be placed in a special fund and shall be expended only for the purpose or purposes for which they were issued as shown by the resolution authorizing the issuance thereof. If a balance shall remain of the proceeds of such notes or certificates of indebtedness after the purpose or purposes for which same were issued shall be accomplished, such balance shall forthwith be transferred to the special fund set up for the payment thereof in Section 37-59-107.

HISTORY: Codes, 1942, § 6533-06; Laws, 1953, Ex Sess, ch. 30, § 6, eff from and after July 1, 1954.

§ 37-59-115. Limitation of indebtedness.

The indebtedness incurred under the authority of this article shall not be included in computing the statutory limitation upon the indebtedness which may be incurred by school districts as provided in Article 1 of this chapter, or any other statute, but shall be in addition thereto. The only limitation upon the amount of indebtedness which may be incurred under the provisions of this article shall be that provided in Section 37-59-107.

HISTORY: Codes, 1942, § 6533-08; Laws, 1953, Ex Sess, ch. 30, § 8, eff from and after July 1, 1954.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations § 56.

CJS.

78A C.J.S., Schools and School Districts §§ 759, 760.

Article 5. Issuance of Notes and Certificates on Indebtedness in Certain Municipal Separate School Districts [Repealed].

§§ 37-59-201 through 37-59-213. Repealed.

Repealed by Laws, 1986, ch. 492, § 189, eff from and after July 1, 1987.

[Codes, 1942, §§ 6533-21-6533-28; Laws, 1966, Ex Sess, ch. 44, §§ 1-8]

Editor’s Notes —

Former §37-59-201 specified the purposes for which money could be borrowed.

Former §37-59-203 required the adoption of a resolution of necessity by the board of trustees of a school district.

Former §37-59-205 required a declaration of intention by municipal governing authorities, and provided for an election on the issue, and the issuance of indebtedness.

Former §37-59-207 provided for an annual levy of a special tax.

Former §37-59-209 provided for the execution of negotiable notes or certificates of indebtedness, interest thereon and the maturity thereof.

Former §37-59-211 required that the proceed of notes be placed in a special fund, and provided for the disposition of any excess.

Former §37-59-213 specified that the homestead exemption laws were inapplicable to the tax levy.

Article 7. Reduced or Interest-Free Debt.

§ 37-59-301. Authority of school districts to secure interest-free treatment of debt under federal law; construction of section.

Notwithstanding any law or any provision of any law to the contrary, the following additional and supplemental powers and authorizations are hereby granted to each public school district in connection with the issuance of any debt, as defined herein.

For purposes of this section, “debt” means any note, bond, lease or other evidence of indebtedness that a district is authorized to issue under any provision of law, and shall include debt issued by or on behalf of an agricultural high school.

Any school district issuing debt may, by resolution of its board of trustees or board of education, do all things regarding the form, payment structure, purchase price and terms of such debt which may be helpful in qualifying the debt for reduced or interest free treatment under any federal law or the regulations promulgated thereunder and to assure that such debt will be readily acceptable in the municipal bond market, provided the same is not inconsistent with the Constitution of the state. Provided, however, that nothing in this section shall be construed as allowing a school district to exceed the final maturity term or exceed any debt limitation provided in the applicable state law authorizing the debt.

This section shall be construed to be supplemental and additional to any powers conferred by other laws on school districts and not in derogation of any such powers not existing. The section is remedial in nature and shall be liberally construed. Provided, however, that this section 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 such school district or the statutory limitations on debt maturities, and shall not grant any extra authority to impose, levy or collect a tax which is not otherwise expressly provided for.

HISTORY: Laws, 2000, ch. 526, § 1; Laws, 2004, ch. 485, § 2, eff from and after July 1, 2004.

Editor’s Notes —

Laws of 2000, ch. 526, § 2 provides as follows:

“SECTION 2. Section 1 of this act shall be codified as a separate code section in Chapter 59, Title 37, Mississippi Code of 1972.”

Amendment Notes —

The 2004 amendment added “and shall include debt issued by or on behalf of an agricultural high school” at the end of (a).

Chapter 61. Expenditure of School Funds; Budgets

§ 37-61-1. “Fiscal year” and “scholastic year” defined.

The “fiscal year” of all school districts of this state shall commence on July 1 and end on June 30 of each year. The “scholastic year” of the public schools of this state shall likewise commence on July 1 and end on June 30 of each year.

HISTORY: Codes, 1942, § 6534-01; Laws, 1953, Ex Sess, ch. 27, § 1; Laws, 1986, ch. 492, § 190, eff from and after July 1, 1987.

§ 37-61-3. Use of school funds; generally.

The adequate education program allotments of the public school districts and the funds derived from the supplemental school district tax levies authorized by law shall be used exclusively for the support, maintenance and operation of the schools in the manner provided by law for the fiscal years for which such funds were appropriated, collected or otherwise made available, and no part of said funds or allotments shall be used in paying any expenses incurred during any preceding fiscal year. However, this shall not be construed to prohibit the payment of expenses incurred during the fiscal year after the close of such fiscal year from amounts remaining on hand at the end of such fiscal year, provided that such expenses were properly payable from such amounts. Moreover, this shall not be construed to prohibit the payment of the salaries of superintendents, principals and teachers and other school employees whose salaries are payable in twelve (12) monthly installments after the close of the fiscal year from amounts on hand for such purpose at the end of the fiscal year.

HISTORY: Codes, 1942, § 6534-02; Laws, 1953, Ex Sess, ch. 27, § 2; Laws, 1986, ch. 492, § 191; Laws, 1991, ch. 534, § 11; Laws, 1991, ch. 555 § 1; Laws, 2004, ch. 357, § 14, eff from and after July 1, 2004.

Editor’s Notes —

Laws of 1990, Chapter 589, § 22, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions have not been printed in this volume. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Amendment Notes —

The 2004 amendment substituted “adequate” for “minimum” in the first sentence; and deleted “administrative superintendents” following “salaries of superintendents” in the last sentence.

OPINIONS OF THE ATTORNEY GENERAL

A deferred payment does not contemplate an employee intentionally delaying the return or execution of a contract in order to receive a benefit, such as, to avoid a tax levy. If a school board did enter in to such a scheme, it could be considered collusion in order to help an employee avoid tax liability. Matthews, March 8, 1996, A.G. Op. #96-0067.

RESEARCH REFERENCES

ALR.

Procedural issues concerning public school funding cases. 115 A.L.R.5th 563.

Am. Jur.

67B Am. Jur. 2d, Schools §§ 116 et seq.

CJS.

78 C.J.S., Schools and School Districts §§ 9 et seq.

§ 37-61-5. Disposition of balances of minimum education program funds.

If in any year there should remain a balance in the minimum education program fund of any school district on June 30 which amount is not to be used or is not needed in the payment of expenses for the preceding fiscal year properly payable out of such minimum education program fund, then such balance on hand to the credit of such minimum education fund of the school district shall be carried forward as a part of such minimum education program fund for the next succeeding fiscal year. The proper pro rata part of the amount so carried forward, to be determined by the percentage which the state minimum education program funds paid into such fund during the year bore to the entire amount paid into such fund, shall be charged against and deducted from the amount which the school district is allotted from state minimum education program fund for the succeeding fiscal year, in a manner prescribed by the State Auditor. The remainder of the amount so carried forward may be deducted from the amount which the school district is required to produce as its local minimum ad valorem tax effort for the support of the minimum education program fund for the succeeding fiscal year under the provisions of Chapter 19 of this title. However, no balance of transportation funds on hand at the end of any fiscal year shall be charged against or deducted from the allotment of state funds to any school district for minimum education program purposes for the next succeeding year.

HISTORY: Codes, 1942, § 6534-03; Laws, 1953, Ex Sess, ch. 27, § 3; Laws, 1986, ch. 492, § 192, eff from and after July 1, 1987.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

OPINIONS OF THE ATTORNEY GENERAL

There is no authority for the establishment of a trust fund from ad valorem tax receipts. Pate, January 15, 1999, A.G. Op. #98-0775.

§ 37-61-7. Disposition of balances of school district funds.

If at the end of any fiscal year there should remain a balance in the school district fund of any school district which is not needed and is not to be used for paying the expenses properly payable out of such district fund for the preceding fiscal year, such balance shall be carried forward as a part of the school district fund for the next fiscal year and used and expended in the manner otherwise provided by law. Nothing in this section shall be construed as applying to balances remaining in the minimum education program fund of a school district, and balances remaining in such funds shall be governed by Section 37-61-5.

HISTORY: Codes, 1942, § 6534-04; Laws, 1953, Ex Sess, ch. 27, § 4; Laws, 1986, ch. 492, § 193, eff from and after July 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

There is no authority for the establishment of a trust fund from ad valorem tax receipts. Pate, January 15, 1999, A.G. Op. #98-0775.

§ 37-61-8. State Board of Education to prescribe method of examination of school district ending fund balances.

The State Board of Education shall adopt rules and regulations prescribing the method by which school district ending fund balances are examined for fiscal stability. Failure to comply with any of the rules and regulations established by the State Board of Education with regard to ending fund balances shall constitute a violation of the Mississippi Public School Accountability Standards.

HISTORY: Laws, 2010, ch. 486, § 1; Laws, 2012, ch. 345, § 1; Laws, 2015, ch. 363, § 1, eff from and after July 1, 2015.

Amendment Notes —

The 2012 amendment deleted “During the 2010, 2011 and 2012 fiscal years” from the beginning of (1); and extended the repealer provision in (4), from “July 1, 2012” to “July 1, 2015.”

The 2015 amendment rewrote the section to remove the requirement that school districts prepare and submit a plan to reduce costs under certain circumstances, and to require the State Board of Education to adopt rules and regulations prescribing the method by which school district ending fund balances are examined for fiscal stability.

§ 37-61-9. Preparation of budget by county superintendent of education; reduction of amount budgeted for administration expenditures.

  1. On or before the fifteenth day of August of each year, the local school board of each school district, with the assistance of the superintendent of schools, shall prepare and file with the levying authority for the school district, as defined in Section 37-57-1, at least two (2) copies of a budget of estimated expenditures for the support, maintenance and operation of the public schools of the school district for the fiscal year commencing on July 1 of such year. Such budget shall be prepared on forms prescribed and provided by the State Auditor and shall contain such information as the State Auditor may require.
  2. In addition, on or before the fifteenth day of August of each year, the local school board of each school district, with the assistance of the superintendent of schools, shall prepare and file with the State Department of Education such budgetary information as the State Board of Education may require. The State Board of Education shall prescribe and provide forms to each school district for this purpose.
  3. Prior to the adoption of a budget pursuant to this section, the school board of each school district shall hold at least one (1) public hearing to provide the general public with an opportunity to comment on the taxing and spending plan incorporated in the proposed budget. The public hearing shall be held at least one (1) week prior to the adoption of the budget with advance notice. After final adoption of the budget, a synopsis of such budget in a form prescribed by the State Department of Audit shall be published in a newspaper having general circulation in the school district on a date different from the date on which the county or any municipality therein may publish its budget.
  4. There shall be imposed limitations on budgeted expenditures for certain administration costs, as defined hereinafter, in an amount not greater than One Hundred Fifty Thousand Dollars ($150,000.00) plus four percent (4%) of the expenditures of all school districts each year. For purposes of this subsection, “administration costs” shall be defined as expenditures for salaries and fringe benefits paid for central administration costs from all sources of revenue in the following expenditure functions as defined in the MISSISSIPPI PUBLIC SCHOOL DISTRICT FINANCIAL ACCOUNTING MANUAL:

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    Any costs classified as “administration costs” for purposes of this subsection which can be demonstrated by the local school district to be an expenditure that results in a net cost savings to the district that may otherwise require budget expenditures for functions not covered under the definition of administration costs herein may be excluded from the limitations imposed herein. The local school board shall make a specific finding of such costs and spread such finding upon its minutes, which shall be subject to the approval of the Office of Educational Accountability of the State Department of Education. Any school district required to make expenditure cuts, as a result of application of this subsection, shall not be required to reduce such expenditures more than twenty-five percent (25%) in any year in order to comply with this mandate.

    The State Auditor shall ensure that functions in all expenditure categories to which this administrative limitation applies shall be properly classified.

    This section shall not apply to central administration with five (5) or less full-time employees, or to those school districts which can substantiate that comparable reductions have occurred in administrative costs for the five-year period immediately prior to school year 1993-1994. In the event the application of this section may jeopardize the fiscal integrity or operations of the school district, have an adverse impact on the ability of the district to deliver educational services, or otherwise restrict the district from achieving or maintaining a quality education program, the State Board of Education shall be authorized to exempt the application of this section to such school district pursuant to rules and regulations of the State Board of Education consistent with the intent of this section.

2300 = Support Services – General Administration 2310 = Board of Education Services 2320 = Executive Administration Services 2330 = Special Area Administration Services 2500 = Business Services 2510 = Fiscal Services 2520 = Purchasing Services 2530 = Warehousing and Distributing Services 2540 = Printing, Publishing and Duplicating Services 2590 = Other Support Services – Business

HISTORY: Codes, 1942, § 6534-07; Laws, 1953, Ex Sess, ch. 27, § 7; Laws, 1975, ch. 454; Laws, 1986, ch. 492, § 194; Laws, 1987, ch. 307, § 45; Laws, 1992, ch. 419, § 15; Laws, 1994, ch. 581, § 5; Laws, 2000, ch. 481, § 1; Laws, 2004, ch. 357, § 15; Laws, 2006, ch. 550, § 3, eff from and after July 1, 2006.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Laws of 1990, Chapter 589, § 44, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi the amendatory provisions have not been printed in this volume. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Amendment Notes —

The 2000 amendment substituted “August of each year” for “July of each year” in (1) and (2); and deleted the former last paragraph.

The 2004 amendment deleted “or administrative superintendent” following “superintendent of schools” in (1) and (2).

The 2006 amendment, in (4), deleted “Beginning with the fiscal year 1995-1996” at the beginning, and deleted “2800 = Support Services – Central,” “2810 = Planning, Research, Development and Evaluation,” “2820 = Information Services,” “2830 = Staff Services,” and “2840 = Data Processing Services” at the end of the list of expenditure functions.

OPINIONS OF THE ATTORNEY GENERAL

There is no provision that would authorize a school district to submit its budget to the levying authority after August 15. Patch, Aug. 13, 2004, A.G. Op. 04-0419.

§§ 37-61-11 through 37-61-15. Repealed.

Repealed by Laws, 1986, ch. 492, § 195, eff from and after July 1, 1987.

[Codes, 1942, §§ 6534-09-6534-10; Laws, 1953, Ex Sess, ch. 27, §§ 8-10]

Editor’s Notes —

Former sections 37-61-11 through 37-61-15 required the preparation of budgets of estimated expenditures and revenues by the board of trustees of school districts and municipal separate school districts, and required the state superintendent of public education to approve those budgets, respectively.

§ 37-61-17. Furnishing of forms for budgets.

It shall be the duty of the State Auditor to prescribe the forms for the budgets provided for in this chapter. It shall be the duty of such superintendents of schools and school boards to use such forms in preparing said budgets. No distribution of school funds shall be made to any school district until the budgets required by this chapter shall be filed.

HISTORY: Codes, 1942, § 6534-12; Laws, 1953, Ex Sess, ch. 27, § 12; Laws, 1986, ch. 492, § 196; Laws, 2004, ch. 357, § 16, eff from and after July 1, 2004.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “superintendent of schools” in the second sentence.

§ 37-61-19. Expenditures shall be limited to budgeted amounts; personal liability for excess.

It shall be the duty of the superintendents of schools and the school boards of all school districts to limit the expenditure of school funds during the fiscal year to the resources available. It shall be unlawful for any school district to budget expenditures from a fund in excess of the resources available within that fund. Furthermore, it shall be unlawful for any contract to be entered into or any obligation incurred or expenditure made in excess of the resources available for such fiscal year. Any member of the school board, superintendent of schools, or other school official, who shall knowingly enter into any contract, incur any obligation, or make any expenditure in excess of the amount available for the fiscal year shall be personally liable for the amount of such excess. However, no school board member, superintendent or other school official shall be personally liable (a) in the event of any reduction in adequate education program payments by action of the Governor acting through the Department of Finance and Administration, or (b) for claims, damages, awards or judgments, on account of any wrongful or tortious act or omission or breach of implied term or condition of any warranty or contract; provided, however, that the foregoing immunity provisions shall not be a defense in cases of fraud, criminal action or an intentional breach of fiduciary obligations imposed by statute.

HISTORY: Codes, 1942, § 6534-11; Laws, 1953, Ex Sess, ch. 27, § 11; Laws, 1986, ch. 492, § 197; Laws, 1991, ch. 534, § 12; Laws, 1991, ch. 555 § 3; Laws, 1993, ch. 562, § 8; Laws, 2003, ch. 546, § 4; Laws, 2004, ch. 357, § 17, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or administrative superintendents”following “superintendents of school” in the first sentence.

OPINIONS OF THE ATTORNEY GENERAL

Under Section 37-61-19 both the school board and the superintendent may be personally liable for excess expenditure above the budgeted amount. Hand, February 1, 1995, A.G. Op. #95-0008.

RESEARCH REFERENCES

Am. Jur.

24 Am. Jur. Proof of Facts 3d 1, Action by Crime Victim Against School Arising out of Assault or Criminal Act.

§ 37-61-21. Revision of budget.

  1. If it should appear to the superintendent of schools or the school board of any school district that the amounts to be received from state appropriations, taxation or any other source will be more than the amount estimated in the budget filed and approved, or if it should appear that such amounts shall be less than the amount estimated, the school board of the school district, with assistance from the superintendent, may revise the budget at any time during the fiscal year by increasing or decreasing the fund budget, in proportion to the increase or decrease in the estimated amounts. If it should appear to the superintendent of schools or the school board of a school district that some function of the budget as filed is in excess of the requirement of that function and that the entire amount budgeted for such function will not be needed for expenditures therefor during the fiscal year, the school board of the school district, with assistance from the superintendent, may transfer resources to and from functions and funds within the budget when and where needed; however, no such transfer shall be made from fund to fund or from function to function which will result in the expenditure of any money for any purpose different from that for which the money was appropriated, allotted, collected or otherwise made available or for a purpose which is not authorized by law. No revision of any budget under the provisions hereof shall be made which will permit a fund expenditure in excess of the resources available for such purpose. The revised portions of the budgets shall be incorporated in the minutes of the school board by spreading them on the minutes or by attaching them as an addendum. Final budget revisions, pertinent to a fiscal year, shall be approved on or before the date set by the State Board of Education for the school district to submit its financial information for that fiscal year.
  2. On or before the fifteenth day of October of each year, the local school board of each school district, with the assistance of the school district superintendent, shall prepare and file with the State Department of Education year-end financial statements and any other budgetary information that the State Board of Education may require. The State Board of Education shall prescribe and provide forms to each school district for this purpose. No additional changes may be made to the financial statements after October 15 of each year.

HISTORY: Codes, 1942, § 6534-13; Laws, 1953, Ex Sess, ch. 27, § 13; Laws, 1986, ch. 492, § 198; Laws, 1991, ch. 534, § 13; Laws, 2003, ch. 546, § 5; Laws, 2004, ch. 357, § 18; Laws, 2006, ch. 550, § 4, eff from and after July 1, 2006.

Amendment Notes —

The 2003 amendment substituted “may revise” for “shall revise” in the first sentence; substituted “resources available” for “amounts available” in the next-to-last sentence; and rewrote the last sentence.

The 2004 amendment deleted “or administrative superintendent” following “superintendent of schools” throughout the section.

The 2006 amendment added (2).

OPINIONS OF THE ATTORNEY GENERAL

Revision of the budget is controlled by Section 37-61-21 in which either the superintendent or the school board has the authority to revise the budget in case the amounts to be received are in excess of or less than the amount estimated in the budget. Hand, February 1, 1995, A.G. Op. #95-0008.

§ 37-61-23. Superintendents’ books of accounts.

The superintendent of schools of each school district shall open and keep regular sets of books, as prescribed by the State Department of Education, which shall be subject to inspection during office hours by any citizen so desiring to inspect the same. The books for each fiscal year shall be kept separately and same shall be safely preserved by the superintendent of schools.

HISTORY: Codes, 1942, § 6534-14; Laws, 1953, Ex Sess, ch. 27, § 14; Laws, 1986, ch. 492, § 199; Laws, 2004, ch. 357, § 19; Laws, 2006, ch. 550, § 6, eff from and after July 1, 2006.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “each school district or” in the first sentence; and deleted “or administrative superintendent” at the end of the last sentence.

The 2006 amendment substituted “State Department of Education” for “State Auditor” in the first sentence.

§ 37-61-25. Repealed.

Repealed by Laws, 1986, ch. 492, § 195, eff from and after July 1, 1987.

[Codes, 1942, § 6274-21; Laws, 1962, ch. 340, §§ 1-3; Laws, 1966, ch. 408, § 1]

Editor’s Notes —

Former Section 37-61-25 required school officials to publish a report of disbursements or expenditures of school funds.

§ 37-61-27. Penalty for failure to effect publication.

If any member of the school board or the superintendent of schools disbursing and handling school funds shall fail, refuse or neglect to comply with the provisions of Section 37-61-9, he shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) for such failure, refusal or neglect for each offense. In addition thereto, he shall be liable to a penalty of Five Hundred Dollars ($500.00) recoverable on his official bond by suit filed by any county or district attorney or any interested citizen, upon his official bond.

HISTORY: Codes, 1942, § 6274-21; Laws, 1962, ch. 340, §§ 1-3; Laws, 1966, ch. 408, § 1; Laws, 1986, ch. 492, § 200; Laws, 1987, ch. 307, § 46; Laws, 2004, ch. 357, § 20, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment deleted “or the administrative superintendent” following “superintendent of schools” in the first sentence.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-61-29. Audit of school funds.

The state department of audit is hereby authorized and empowered to post-audit and investigate the financial affairs and all transactions involving the school funds of the county including the minimum education program fund and supplementary district school funds, and to make separate and special audits thereof, as now provided by Sections 7-7-201 through 7-7-215, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 6534-17; Laws, 1953, Ex Sess, ch. 27, § 17, eff from and after July 1, 1954.

Cross References —

Uniform system of accounts for school districts, see §37-37-1.

Audits of school reports generally, see §§37-37-3 et seq.

§ 37-61-31. Chickasaw school fund.

The boards of supervisors of the various counties in Mississippi which are entitled to share in the distribution of the Chickasaw school funds, are hereby authorized and empowered to make settlement with any separate school district in said counties which has received more or less than its proportionate part of said funds, and the boards of supervisors may appropriate any money now on hand or that may be allotted to said counties in the future in the payment of any amount due to such separate school districts.

HISTORY: Codes, 1930, § 6741; 1942, § 6579; Laws, 1924, ch. 283; Laws, 1930, ch. 278.

Cross References —

Rate of and distribution of interest on Chickasaw school fund, see Miss. Const Art. 8, § 212.

Secretary of State to have charge of Chickasaw school lands, see §7-11-11.

Price at which Chickasaw school lands are to be sold, see §29-1-63.

§ 37-61-33. Education Enhancement Fund; appropriations from fund; certain funds from working cash-stabilization reserve fund transferred to education enhancement fund; school district procurement cards.

  1. There is created within the State Treasury a special fund to be designated the “Education Enhancement Fund” into which shall be deposited all the revenues collected pursuant to Sections 27-65-75(7) and (8) and 27-67-31(a) and (b).
  2. Of the amount deposited into the Education Enhancement Fund, Sixteen Million Dollars ($16,000,000.00) shall be appropriated each fiscal year to the State Department of Education to be distributed to all school districts. Such money shall be distributed to all school districts in the proportion that the average daily attendance of each school district bears to the average daily attendance of all school districts within the state for the following purposes:
    1. Purchasing, erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including gymnasiums, auditoriums, lunchrooms, vocational training buildings, libraries, teachers’ homes, school barns, transportation vehicles (which shall include new and used transportation vehicles) and garages for transportation vehicles, and purchasing land therefor.
    2. Establishing and equipping school athletic fields and necessary facilities connected therewith, and purchasing land therefor.
    3. Providing necessary water, light, heating, air-conditioning and sewerage facilities for school buildings, and purchasing land therefor.
    4. As a pledge to pay all or a portion of the debt service on debt issued by the school district under Sections 37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 and 37-41-81, or debt issued by boards of supervisors for agricultural high schools pursuant to Section 37-27-65, if such pledge is accomplished pursuant to a written contract or resolution approved and spread upon the minutes of an official meeting of the district’s school board or board of supervisors. The annual grant to such district in any subsequent year during the term of the resolution or contract shall not be reduced below an amount equal to the district’s grant amount for the year in which the contract or resolution was adopted. The intent of this provision is to allow school districts to irrevocably pledge a certain, constant stream of revenue as security for long-term obligations issued under the code sections enumerated in this paragraph or as otherwise allowed by law. It is the intent of the Legislature that the provisions of this paragraph shall be cumulative and supplemental to any existing funding programs or other authority conferred upon school districts or school boards. Debt of a district secured by a pledge of sales tax revenue pursuant to this paragraph shall not be subject to any debt limitation contained in the foregoing enumerated code sections.
  3. The remainder of the money deposited into the Education Enhancement Fund shall be appropriated as follows:
    1. To the State Department of Education as follows:
      1. Sixteen and sixty-one one-hundredths percent (16.61%) to the cost of the adequate education program determined under Section 37-151-7; of the funds generated by the percentage set forth in this section for the support of the adequate education program, one and one hundred seventy-eight one-thousandths percent (1.178%) of the funds shall be appropriated to be used by the State Department of Education for the purchase of textbooks to be loaned under Sections 37-43-1 through 37-43-59 to approved nonpublic schools, as described in Section 37-43-1. The funds to be distributed to each nonpublic school shall be in the proportion that the average daily attendance of each nonpublic school bears to the total average daily attendance of all nonpublic schools;
      2. Seven and ninety-seven one-hundredths percent (7.97%) to assist the funding of transportation operations and maintenance pursuant to Section 37-19-23; and
      3. Nine and sixty-one one-hundredths percent (9.61%) for classroom supplies, instructional materials and equipment, including computers and computer software, to be distributed to all eligible teachers within the state through the use of procurement cards. Classroom supply funds shall not be expended for administrative purposes. On or before September 1 of each year, local school districts shall determine and submit to the State Department of Education the number of teachers eligible to receive an allocation for the current year. For purposes of this subparagraph, “teacher” means any employee of the school board of a school district, or the Mississippi School for the Arts, the Mississippi School for Math and Science, the Mississippi School for the Blind or the Mississippi School for the Deaf, who is required by law to obtain a teacher’s license from the State Department of Education and who is assigned to an instructional area of work as defined by the department, but shall not include a federally funded teacher. It is the intent of the Legislature that all classroom teachers shall utilize these funds in a manner that addresses individual classroom needs and supports the overall goals of the school regarding supplies, instructional materials, equipment, computers or computer software under the provisions of this subparagraph, including the type, quantity and quality of such supplies, materials and equipment. Classroom supply funds allocated under this subparagraph shall supplement, not replace, other local and state funds available for the same purposes. The State Board of Education shall develop and promulgate rules and regulations for the administration of this subparagraph consistent with the above criteria, with particular emphasis on allowing the individual teachers to expend funds as they deem appropriate. Effective with the 2013-2014 school year, the local school board shall require each school to issue procurement cards provided by the Department of Finance and Administration under the provisions of Section 31-7-9(1)(c) for the use of teachers and necessary support personnel in making instructional supply fund expenditures under this section, consistent with the regulations of the Mississippi Department of Finance and Administration pursuant to Section 31-7-9. Such procurement cards shall be issued at the beginning of the school year and shall be issued in equal amounts per teacher determined by the total number of qualifying personnel and the current state appropriation for classroom supplies with the Education Enhancement Fund. Such cards will expire on a pre-determined date at the end of each school year. All unexpended amounts will be carried forward, combined with the following year’s allocation of Education Enhancement Fund instructional supplies funds and reallocated for the following year;
    2. Twenty-two and nine one-hundredths percent (22.09%) to the Board of Trustees of State Institutions of Higher Learning for the purpose of supporting institutions of higher learning; and
    3. Fourteen and forty-one one-hundredths percent (14.41%) to the Mississippi Community College Board for the purpose of providing support to community and junior colleges.
  4. The amount remaining in the Education Enhancement Fund after funds are distributed as provided in subsections (2) and (3) of this section shall be disbursed as follows:
    1. Twenty-five Million Dollars ($25,000,000.00) shall be deposited into the Working Cash-Stabilization Reserve Fund created pursuant to Section 27-103-203(1), until the balance in such fund reaches the maximum balance of seven and one-half percent (7-1/2%) of the General Fund appropriations in the appropriate fiscal year. After the maximum balance in the Working Cash-Stabilization Reserve Fund is reached, such money shall remain in the Education Enhancement Fund to be appropriated in the manner provided for in paragraph (b) of this subsection.
    2. The remainder shall be appropriated for other educational needs.
  5. None of the funds appropriated pursuant to subsection (3)(a) of this section shall be used to reduce the state’s General Fund appropriation for the categories listed in an amount below the following amounts:
    1. For subsection (3)(a)(ii) of this section, Thirty-six Million Seven Hundred Thousand Dollars ($36,700,000.00);
    2. For the aggregate of minimum program allotments in the 1997 fiscal year, formerly provided for in Chapter 19, Title 37, Mississippi Code of 1972, as amended, excluding those funds for transportation as provided for in paragraph (a) of this subsection.
  6. Any funds appropriated from the Education Enhancement Fund that are unexpended at the end of a fiscal year shall lapse into the Education Enhancement Fund, except as otherwise provided in subsection (3)(a)(iii) of this section.

HISTORY: Laws, 1992, ch. 419, § 9; Laws, 1993, ch. 612, § 1; Laws, 1993, ch. 509, § 1; Laws, 1995, ch, 450, § 1; Laws, 1997, ch. 557, § 1; Laws, 1997, ch. 612, § 25; Laws, 2000, ch. 617, § 3; Laws, 2001, ch. 518, § 1; Laws, 2002, ch. 551, § 7; Laws, 2003, ch. 411, § 1; Laws, 2004, ch. 595, § 24; Laws, 2006, ch. 504, § 4; reenacted without change, Laws, 2009, ch. 345, § 29; Laws, 2012, ch. 543, § 3; Laws, 2013, ch. 566, § 4; Laws, 2014, ch. 397, § 39; Laws, 2014, ch. 442, § 7; Laws, 2015, ch. 471, § 12; Laws, 2016, ch. 339, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (c) of subsection (3) in the first version. The words “Fourteen and forty-one hundredths percent” were changed to “Fourteen and forty-one one-hundredths percent”. The Joint Committee ratified the correction at its May 20, 1998 meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section, as amended by Laws of 2001, ch. 518, § 1. The reference in (4)(a) to “paragraph (b) of this section” was changed to “paragraph (b) of this subsection.” The Joint Committee ratified the correction at its April 26, 2001 meeting.

Section 39 of Chapter 397, Laws of 2014, effective July 1, 2014 (approved March 19, 2014), amended this section. Section 7 of Chapter 442, Laws of 2014, effective from and after passage (approved March 26, 2014), also amended this section. As set out above, this section reflects the language of both amendments, pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 24, 2014, meeting of the Committee.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in an internal reference at the end of the section by substituting “paragraph (a) of this subsection” for “subsection (5)(a) in this section.” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Editor’s Notes —

Section 1 of ch. 557, Laws of 1997, amended this section, effective July 1, 1997. Section 25 of ch. 612, Laws of 1997, effective July 1, 2002, also amended this section. The first version set out above reflects the language of Section 1 of ch. 557, Laws of 1997, and the second version reflects the language of Section 25 of ch. 612, Laws of 1997.

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Laws of 2001, ch. 518, was House Bill No. 776, 2001 Regular Session, and originally passed both Houses of the Legislature on March 24, 2001. The Governor vetoed House Bill 776 on March 30, 2001. The veto was overridden by the State Senate and by the State House of Representatives on March 30, 2001.

Laws of 2006, ch. 504, § 1(1), codified as §37-161-1(1), provides as follows:

“SECTION 1. (1) This act shall be known and may be referred to as the ‘Mississippi Education Reform Act of 2006.’ ”

Former Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2000 amendment, in both versions, inserted “(7) and ” and substituted “27-67-31(a) and (b) ” for “27-67-31(b) ” in (1).

The 2001 amendment, in the version effective until July 1, 2002, in (1), deleted “hereby ” in the first line and “and 27-103-203(1) ” at the end of the last sentence, and made a minor stylistic change; in (2), deleted “excluding revenues deposited pursuant to Section 27-103-203(1) ” following “Enhancement Fund ”; substantially revised (3); in the opening paragraph of (4), deleted “excluding funds deposited pursuant to Section 27-103-203(1) ” following “of this section ”; at the end of (5)(d), added “of this section ”; and deleted (6); and in the version effective from and after July 1, 2002, in (1), deleted “hereby ” in the first line and “and 27-103-203(1) ” at the end of the last sentence, and made a minor stylistic change; in (2), deleted “excluding revenues deposited pursuant to Section 27-103-203(1) ” following “Enhancement Fund ”; in (3), deleted “excluding funds deposited pursuant to Section 27-103-203(1) ” in the opening paragraph, and added (c); in the opening paragraph of (4), deleted “excluding funds deposited pursuant to Section 27-103-203(1) ” following “of this section ”; at the end of (5)(d), added “of this section ”; and deleted (6).

The 2002 amendment rewrote (3)(a)(i).

The 2003 amendment rewrote (3)(a)(iii).

The 2004 amendment provided for two versions of the section, with the first version, as amended by Laws, 2004, ch. 595, § 24, effective through July 1, 2005, and the second version, consisting of the previously existing version, effective from and after July 1, 2005; and in the version effective through July 1, 2005, rewrote the first sentence and added the last sentence in (3)(a)(iii).

The 2006 amendment inserted the tenth through twelfth sentences in (3)(a)(iii).

The 2009 amendment reenacted the section without change.

The 2012 amendment added the last four sentences in (3)(a)(iii).

The 2013 amendment in the fourteenth sentence in (3)(a)(iii), substituted “2013-2014” for “2012-2013” and “may authorize” for “shall require.”

The first 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (3)(c).

The second 2014 amendment (ch. 442), in (3)(a)(iii), deleted the fifth, seventh and ninth through twelfth sentences, which read: “Two (2) or more teachers may agree to pool their classroom supply funds for the benefit of a school within the district,” “This plan shall be submitted in writing to the school principal for approval,” and “School districts need not fully expend the funds received under this subparagraph in the year in which they are received, but such funds may be carried forward for expenditure in any succeeding school year. Any individual teacher or group of teachers with an approved spending plan that has not been fully funded need not expend the funds allocated under this subparagraph in the year in which such funds are received. Such funds may be carried forward for expenditure in any subsequent school year in which the plan is fully funded. However, beginning July 1, 2006, any funds allocated under this subparagraph which are not reserved in an approved spending plan but remain unspent on March 31 of the fiscal year in which the funds were allotted must be utilized by the school where the teacher is employed for instructional supply and equipment purposes” respectively; substituted “eligible teachers” for “school districts in the proportion that the average daily attendance of each school district bears to the average daily attendance of all school districts,” “determine and submit to the State Department of Education the number of teachers eligible to receive an allocation for the current year” for ‘allocate classroom supply funds equally among all classroom teachers in the school district,” and “utilize these funds in a manner” for “be involved in the development of a spending plan”; and inserted “through the use of procurement cards” and “On or before September 1 of each year.”

The 2015 amendment added (6).

The 2016 amendment inserted “or the Mississippi School for the Arts, the Mississippi School for Math and Science, the Mississippi School for the Blind or the Mississippi School for the Deaf” in the fourth sentence of (3)(a)(iii).

Cross References —

Deposit of portion of sales tax revenue into Education Enhancement Fund created pursuant to this section, see §27-65-75.

Mississippi Education Reform Act of 2006, see §§37-161-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Education Enhancement Funds may be expended as cash in accordance with Section 37-61-33(2) subsections (a) (b) and (c) but not pledged against construction or repairs pursuant to subsection (d). Shepherd, Jan. 7, 1994, A.G. Op. #93-0985.

As long as a school board complies with established policies for classroom supplies, instructional materials and equipment, band instructors may purchase band uniforms and accessories from monies received under Section 37-61-33 (3)(a)(iii). Compton, Aug. 12, 2005, A.G. Op. 05-0384.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 127.

CJS.

78A C.J.S., Schools and School Districts § 789.

§ 37-61-35. School Ad Valorem Tax Reduction Fund.

There is hereby created a special fund in the State Treasury to be designated School Ad Valorem Tax Reduction Fund into which proceeds collected pursuant to Sections 27-65-75(7) and 27-67-31(a) shall be deposited. Beginning with the 1994 state fiscal year, the entire amount of monies in such special fund shall be appropriated annually to the State Department of Education which shall distribute the appropriated amount to the various school districts in the proportion that the average daily attendance of each school district bears to the average daily attendance of all school districts within the state. On or before June 1, 1993, and on or before June 1 of each succeeding year, the State Department of Education shall notify each school district of the amount to which such district is entitled pursuant to this section.

HISTORY: Laws, 1992, ch. 419, § 10; Laws, 2000, ch. 617, § 4, eff from and after July 1, 2000.

Editor’s Notes —

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was overridden by the State Senate and House of Representatives on May 4, 1992.

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows:

“SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the income, sales and use tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the income, sales and use tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.”

Amendment Notes —

The 2000 amendment substituted “27-67-31(a) ” for “27-67-32(a).

Cross References —

Deposit of portion of sales tax revenue into School Ad Valorem Tax Reduction Fund created pursuant to this section, see §27-65-75.

Amounts received by school districts from the Ad Valorem Tax Reduction Fund are subject to the increase limitation under §§37-57-104 and37-57-107, see §37-57-104.

Inclusion of monies authorized to be received by school districts from School Ad Valorem Tax Reduction Fund pursuant to this section, as ad valorem tax receipts, and reduction of ad valorem tax levy, see §37-57-105.

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 127.

CJS.

78A C.J.S., Schools and School Districts § 789.

§ 37-61-37. Mississippi Public Education Support Fund.

There is established in the State Treasury a fund known as the “Mississippi Public Education Support Fund” (hereinafter referred to as “fund”). The fund shall consist of monies required to be deposited therein under Section 27-19-56.34, and such other monies as the Legislature may authorize or direct to be deposited into the fund. Monies in the fund, upon appropriation by the Legislature, may be expended by the Mississippi Department of Education for classroom supplies, instructional materials and equipment, including computers and computer software, to be distributed to all school districts in the proportion that the average daily attendance of each school district bears to the average daily attendance of all school districts within the state. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.

HISTORY: Laws, 2002, ch. 559, § 4, eff from and after July 1, 2002.

Cross References —

Special license tags or plates: Mississippi Public Education, see §27-19-56.34.

Chapter 63. Educational Television

§ 37-63-1. Declaration of legislative purpose and public policy.

It is declared to be the legislative purpose of this chapter, and the public policy of the State of Mississippi, that there be established and developed in the public interest an educational television and radio system which shall provide educational and instructional, professional growth, and public service programs for the students and citizens of Mississippi, such system to be known as Mississippi Educational Television. The legislature therefore declares and determines that for these and other related purposes there is hereby established an agency of state government to be known as the Mississippi authority for educational television which shall have the responsibility for the administration, operation, control and supervision of educational television and radio in Mississippi.

HISTORY: Codes, 1942, § 8946-101; Laws, 1969, Ex Sess, ch. 31, § 1, eff from and after passage (approved September 30, 1969).

OPINIONS OF THE ATTORNEY GENERAL

It is clear, under Miss. Code Sections 37-63-1 et seq., that Mississippi Authority for Educational Television has responsibility for administration, operation, control and supervision of educational television and radio in Mississippi. Ray, Jan. 11, 1994, A.G. Op. #93-0854.

RESEARCH REFERENCES

ALR.

Construction and application of Public Broadcasting Act of 1967 as amended (47 USCS §§ 396 et seq.) with respect to controlling content of public television programs. 44 A.L.R. Fed. 350.

§ 37-63-3. Members of authority for educational television; terms.

The Authority for Educational Television shall consist of the State Superintendent of Public Education, or his designee, and six (6) members appointed, with the advice and consent of the Senate. The Governor shall appoint four (4) members, one (1) of whom shall be actively engaged as a teacher or principal in a secondary school system in the State of Mississippi and one (1) of whom shall be actively engaged as a teacher or principal in an elementary school system in the State of Mississippi. Beginning July 1, 1994, the appointee actively engaged as a teacher or principal in a secondary school shall be appointed for an initial term of three (3) years. The member actively engaged as a teacher or principal in an elementary school shall be appointed for an initial term of four (4) years. The remaining two (2) gubernatorial appointees shall serve until July 1, 1996. Beginning July 1, 1996, the Governor shall appoint two (2) members for initial terms of three (3) and four (4) years, with the Governor specifically designating which member shall be appointed for three (3) years and which shall be appointed for four (4) years. The Mississippi Community College Board shall appoint one (1) member, and the Board of Trustees of State Institutions of Higher Learning shall appoint one (1) member. After the expiration of the initial terms, all members shall serve for terms of four (4) years. An appointment to fill a vacancy among the gubernatorial appointees, other than by expiration of a term of office, shall be made by the Governor for the balance of the unexpired term.

HISTORY: Codes, 1942, § 8946-102; Laws, 1969, Ex Sess, ch. 31, § 2; Laws, 1986, ch. 434, § 14 (became law on April 4, 1986, without Governor’s signature); Laws, 1994, ch. 552, § 1; Laws, 2002, ch. 329, § 1; Laws, 2014, ch. 397, § 40, eff from and after July 1, 2014.

Amendment Notes —

The 2002 amendment inserted “or his designee ” following “State Superintendent of Public Education ” in the first sentence.

The 2014 amendment, in the third from the last sentence, substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges,” and deleted “the” following “the Board of Trustees.”

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-63-5. Officers of authority for educational television; meetings; compensation.

The Authority for Educational Television shall elect a chairman, vice chairman and such other officers it deems necessary. The authority shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Any member who does not attend three (3) consecutive regular meetings of the authority shall be subject to removal by a majority vote of the board members.

The authority shall meet at least bimonthly. Special meetings may be called by the chairman, vice chairman or the executive director. Four (4) members of the authority shall constitute a quorum.

Authority members who are not employed by the state shall receive per diem and actual and necessary expenses for attending meetings as provided by general law for public officers and employees. Elementary and secondary school teachers and/or elementary and secondary principals shall not be considered to be state employees for the purposes of this section.

HISTORY: Codes, 1942, § 8946-103; Laws, 1969, Ex Sess, ch. 31, § 3; Laws, 1980, ch. 560, § 14; Laws, 1994, ch. 552, § 2, eff from and after July 1, 1994.

Cross References —

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

§ 37-63-7. Executive director and other employees.

The authority for educational television shall employ an executive director who shall be the administrative officer of the authority and shall perform such duties as are required of him by law and such other duties as may be assigned him by the authority and who shall receive such compensation as may be fixed by the authority. In addition, the executive director shall be entitled to remuneration for his necessary traveling expenses consistent with general law.

The authority shall have the power and authority to employ such technical, professional and clerical personnel as may be necessary for the administration of this chapter and for the performance of such other duties as may be imposed upon the authority by law, and to define the duties and fix the compensation of such employees.

HISTORY: Codes, 1942, § 8946-104; Laws, 1969, Ex Sess, ch. 31, § 4, eff from and after passage (approved September 30, 1969).

§ 37-63-8. Extern training program.

The Authority shall have the authority, with the assistance and approval of the State Personnel Board, to implement extern training programs for its employees and contract with private sector businesses for such training. The training programs shall be available, at the discretion of the Authority and the Executive Director, to employees who have served with the agency for one (1) year or more. The salary of the employees may be paid by the Authority while the employee is receiving such training. No training shall be in excess of three (3) months and forty (40) hours per week. Any employee participating in such extern training program shall be required to remain employed with the Authority for a period of one (1) year following completion of the training period. Any person leaving the employment of the Authority prior to the completion of the required one (1) year period shall be liable for the salary and fringe benefits expended for the employee during the training period.

HISTORY: Laws, 1992, ch. 373, § 1, eff from and after July 1, 1992.

Cross References —

State Personnel Board, see §25-9-109.

§ 37-63-9. Acquisition and operation of facilities.

  1. The authority is authorized and empowered to lease, purchase, own, construct, operate, manage and be the licensee of educational television and radio stations, production centers, transmission sites and all related equipment and facilities for the production and/or transmission of broadcast, closed circuit, fixed services (ITFS-2500 megahertz), radio and any other means necessary to provide complete coverage of educational television and radio in the state. The authority is also authorized and empowered to lease, purchase, own and operate any type of vehicle necessary for use in transporting equipment, production crews and service personnel.
  2. The authority, and any other state agency or board licensed by the Federal Communications Commission to provide ITFS educational television, are authorized and empowered to provide access to video learning resources for all Mississippi public schools through the development of multi-channel interactive video systems (ITFS) for the public schools which shall be able to interact with other school districts in the state. In order to establish the ITFS system without expenditure of significant state funds, the authority, and any such other state agency or board licensee with the approval of the authority, are authorized and empowered to enter such contracts as may be necessary, including contracts with any private educational institution or private nonprofit educational organization in regard to the construction, purchase, lease or lease-purchase of facilities and equipment, employment of personnel, and the operation and management of said ITFS system for the purpose of providing ITFS educational television services to educational institutions and interested citizens in the state. The authority shall provide that all public schools are equipped to utilize the ITFS system by no later than July 1, 1998.

HISTORY: Codes, 1942, § 8946-105; Laws, 1969, Ex Sess, ch. 31, § 5; Laws, 1980, ch. 489; Laws, 1990, 1st Ex Sess, ch. 72, § 1; Laws, 1992, ch. 341, § 1, eff from and after July 1, 1992.

Editor’s Notes —

Laws of 1990, ch. 589, § 44, amended this section effective July 1, 1990, provided that the Legislature by concurrent resolution adopted by the House and Senate in session prior to July 1, 1990, declared that sufficient funds were dedicated and made available for the implementation of Chapter 589. Funds, however, were not made available by the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney General of the State of Mississippi, the amendatory provisions did not become operative. Text of the amendment can be found in the Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State’s Office, Jackson, Mississippi.

Cross References —

Contracts by Mississippi Authority for Educational Television with certain educational institutions or nonprofit organizations in regard to construction, purchase, lease or lease-purchase of facilities and equipment and the employment of personnel for providing multichannel interactive video systems in school districts in this state exempt from §31-7-13 bidding requirements, see §31-7-13.

OPINIONS OF THE ATTORNEY GENERAL

Mississippi EdNet Institute, Inc., is not “public body” governed by Open Meetings Law and Public Records Act, but EdNet is not prohibited from adopting standards imposed by these Acts for its operating procedures. Jaeger, Oct. 21, 1992, A.G. Op. #92-0765.

Specifically in regard to instructional television fixed services’ educational television channel, Miss. Code Section 37-63-9 authorizes Mississippi Authority for Educational Television as to acquisition and operation of educational television matters. Ray, Jan. 11, 1994, A.G. Op. #93-0854.

Operation of multi-channel interactive video systems’ (ITFS’) educational television channels is proper governmental function as recognized by enabling statutes of respective boards and agency and Miss. Code Section 37-63-9(2); since this is true, then boards and agency operating these channels have authority to assign personnel to work with EdNet Institute of Mississippi, Inc.(EdNet) to enable EdNet to perform duties and tasks necessary to operate ITFS channels for state licensees. Ray, Jan. 11, 1994, A.G. Op. #93-0854.

§ 37-63-10. Conflicts of interest.

No individual who sits on any board or authority empowered to contract with the Educational Television Authority or to appoint members to the board which shall govern the use of the ITFS channels shall own or be interested in, directly or indirectly, any interest in any private organization doing business under the FCC license herein approved.

HISTORY: Laws, 1990, Ex Sess, ch. 72, § 3, eff from and after passage (approved June 30, 1990).

Joint Legislative Committee Note —

The text of this section, which formerly appeared in an Editor’s Note under Sections 37-63-9 and 37-63-13, was codified in 1998 as Section 37-63-10 in the Mississippi Code of 1972 pursuant to the direction of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

§ 37-63-11. Request and receipt of state funds; gifts and grants; contracts; special fund for expenses; costs of services.

  1. The Authority for Educational Television is empowered to request and to receive such state funds for educational television construction and operation as may be appropriated or allocated to it, and to solicit and receive contributions, matching funds, gifts, bequests and devises from any source, whether federal, state, public or private. It may enter into agreements with federal, state, public or private agencies, departments, institutions, firms, corporations or persons for the production, transmission, sale, lease or purchase of educational television and educational radio programs, or any research and development projects, joint ventures pertaining to content or other projects that do not duplicate communication facilities or services utilized under contract by the state and that the authority determines are in its best interests. The authority may enter into any contracts and other agreements necessary for those purposes, and in doing so, the authority may agree to terms of indemnification, the law of another state or jurisdiction or other necessary terms when, in the judgment of the authority, that would be in its best interests. The authority may delegate to its executive director its power to enter into these contracts or other agreements, or to exercise any of its other powers, in accordance with guidelines established by the authority. All materials produced or received by the authority in the exercise of its power, in the preceding provisions of this subsection, that are protected by copyright or considered confidential or proprietary information of third parties, shall not be public records. All such materials shall not be subject to release under the Public Records Act. The authority may also lease antenna space on television towers which it owns. Before the authority is empowered to contract for communication facilities to carry television signals, it shall obtain written authority to do so from the Department of Finance and Administration in order to ensure that there be no duplication of state communication facilities.
  2. There is hereby established in the State Treasury a special fund for the purpose of providing for the payment of all expenses in respect to the administration of this chapter. Such fund shall be administered by the authority. The State Treasurer shall be the custodian of such funds and all monies and securities in such fund shall be held in trust by such Treasurer and shall not be the money or property of the state. The State Treasurer is authorized to disburse monies from such fund only upon order of the authority. The official bond of the State Treasurer shall be conditioned for the faithful performance of his duty hereunder. The State Treasurer shall deposit any monies paid into such fund into such qualified depository banks as the authority may designate and is authorized to invest any portion of the fund which, in the opinion of the authority, is not needed for current requirements in the same manner and subject to all provisions of the law with respect to the deposit of state funds by such Treasurer. All interest earned by such portion of the fund as may be invested by the State Treasurer shall be collected by him and placed to the credit of such fund.
  3. The Authority for Educational Television is empowered to provide noncommercial production or reproduction services for other public agencies, and may collect the costs of providing the services from the public agency. These costs shall be deposited into the special fund.

HISTORY: Codes, 1942, § 8946-106; Laws, 1969, Ex Sess, ch. 31, § 6; Laws, 1984, ch. 488, § 200; Laws, 1990, ch. 430, § 1; Laws, 1990, ch. 462, § 1; Laws, 2003, ch. 395, § 1, eff from and after July 1, 2003.

Editor’s Notes —

The Public Records Act, referred to in this section, is Laws of 1983, ch. 424, which appears as §§25-61-1 et seq. Section 341, ch. 488, Laws of, 1984, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Amendment Notes —

The 2003 amendment rewrote (1).

JUDICIAL DECISIONS

1. In general.

Duties and responsibilities, including allowing authority for Educational Television to contract (§37-63-11), giving concurrence for the use of funds to travel outside the continental United States (§25-3-41), advertising for and accepting bids on equipment for the State Crime Laboratory (§63-11-47), granting authority for the purchase of motor vehicles by state departments, institutions, or agencies (§25-1-77), and approving dispersement of funds by the Mississippi Air and Water Pollution Commission (§49-17-13), are administrative functions within the prerogative of the executive department, and statutes vesting those powers and functions in members of the legislature violate Miss Const Art 1 § 2 and are unconstitutional. Alexander v. State, 441 So. 2d 1329, 1983 Miss. LEXIS 3007 (Miss. 1983).

§ 37-63-13. Authority’s general powers as to educational television.

The Authority for Educational Television is empowered and is hereby designated as the proper and official state agency to:

  1. Control and supervise the use of television broadcast and ITFS channels and radio frequencies reserved by the Federal Communications Commission for noncommercial, educational purposes in Mississippi. It is further empowered to authorize the sale or lease of any excess capacity of such ITFS channels for commercial use to provide the funds necessary to implement the purposes of Section 37-63-9(2). No pornographic material or political advertisements shall be allowed on any ITFS channel or radio frequency;
  2. Initiate or receive for review and approval all applications for educational television and educational radio licenses submitted to the Federal Communications Commission for or on behalf of any public school system, junior college, institution of higher learning, private educational institution, or nonprofit community or municipal educational organization;
  3. Initiate or receive for review and approval all applications for federal, state or private funds which involve the construction of educational television or radio facilities or acquisition of educational television or radio equipment;
  4. Prescribe official state-approved standards for appropriate educational television equipment which may be purchased by any public school, junior college, institution of higher learning, private educational institution, or nonprofit community or municipal educational organization in order to insure a standard of quality and technical compatibility throughout the state;
  5. Provide consultative services in all aspects of educational television and radio to any agency, public or private, within the state;
  6. Serve as a clearinghouse for information on television and radio for educational purposes;
  7. Perform all other things necessary to insure the orderly and coordinated development of educational television and radio in Mississippi; and
  8. Determine and approve all policies governing the programming, administration, control and supervision of Mississippi Educational Television and educational radio. All programs prepared for use in the elementary and secondary schools of this state must be prepared in conjunction with the Office of the State Superintendent of Public Education prior to broadcast on Mississippi Educational Television.

HISTORY: Codes, 1942, § 8946-107; Laws, 1969, Ex Sess, ch. 31, § 7; Laws, 1990, 1st Ex Sess, ch. 72, § 2; Laws, 2003, ch. 395, § 2, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment deleted “nor appearances by elected public officials ” following “political advertisements ” in (1).

Cross References —

Power of Authority to provide services to public agencies and charge fees for such services, see §37-63-17.

Assistance by Mississippi Authority for Educational Television in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

OPINIONS OF THE ATTORNEY GENERAL

Authority for Mississippi Authority for Educational Television’s supervisory and management role in connection with multi-channel interactive video systems’ educational television channels can be found in statutory grant of general powers in Miss. Code Section 37-63-13(1,5-8). Ray, Jan. 11, 1994, A.G.Op #93-0854.

Pursuant to Miss. Code Section 7-5-25, Office of Attorney General may only render opinions on prospective actions, and not opinions as to validity or invalidity of anything that has taken place in past. Bush, Feb. 10, 1993, A.G.Op #93-0053.

RESEARCH REFERENCES

ALR.

State regulation of content of and representation on program presented by “public broadcasting” television or radio station. 27 A.L.R.4th 375.

§ 37-63-15. Programming restriction.

No SEICUS (or any of its subsidiaries or connections known by any other name whatsoever) programming whatsoever shall be carried by any educational television station in the State of Mississippi.

HISTORY: Codes, 1942, § 8946-108; Laws, 1969, Ex Sess, ch. 31, § 8, eff from and after passage (approved September 30, 1969).

§ 37-63-17. Authority for Educational Television to provide services to public agencies; cost of services; Capital Equipment Replacement Revolving Fund.

  1. The Mississippi Authority for Educational Television is empowered to provide noncommercial production or reproduction services for other public agencies and may collect the costs of providing the services from the public agency plus a separate equipment usage fee in an amount determined by the authority and based upon the equipment used. The costs shall be deposited to the credit of the authority. The separate equipment usage fee shall be deposited in the Capital Equipment Replacement Revolving Fund.
  2. The Authority for Educational Television may establish a Capital Equipment Replacement Revolving Fund into which shall be deposited equipment usage fees collected under subsection (1) and funds from other sources designated for deposit in the Capital Equipment Replacement Revolving Fund. The authority may expend moneys from the Capital Equipment Replacement Revolving Fund subject to appropriation therefor by the Legislature to purchase technical equipment for operating the educational radio and television facilities.

HISTORY: Laws, 1990, ch. 423, § 1, eff from and after passage (approved March 15, 1990).

Cross References —

Other powers of the Authority, see §37-63-13.

Chapter 65. Closing of Public Schools and Institutions of Higher Learning

Article 1. Closing Pursuant to Governor’s Proclamation.

§ 37-65-1. Conditions under which governor may close public schools or institutions of higher learning.

In addition to all other power and authority which may now be vested in the governor of the State of Mississippi by its constitution and statutes, or either, and any power or authority which may be vested in him by common law as governor as such, the governor of the State of Mississippi is hereby vested with the authority to close any one or more or all schools in any school, agricultural high school, or junior college district, or to close any institution of higher learning in the State of Mississippi when, in his discretion, he determines such closure to be to the best interest of a majority of the educable children of any public school district, or to the best interest of a majority of the children or persons eligible to attend any agricultural high school or agricultural high school and junior college district, or to the best interest of any institution of higher learning, or to the best interest of a majority of the persons or children enrolled in any such school or schools, or any agricultural high school or agricultural high school and junior college, or any institution of higher learning. The governor as such is also vested with such supplemental and additional authority to close any one or more or all of said public schools in any such school district, or agricultural high school district, or agricultural high school and junior college district when, in his discretion, he determines such closure will promote or preserve the public peace, order, or tranquility of such district or districts and as such governor he is also vested with the authority to close any one or more or all of said institutions of higher learning when, in his discretion, he determines such closure will promote or preserve the public peace, order, or tranquility in and of such institutions, or the community in which such may be situated or in or of the State of Mississippi.

HISTORY: Codes, 1942, § 6232-21; Laws, 1958, ch. 311, § 1, eff from and after passage (approved May 6, 1958).

Cross References —

Powers of governor generally, see §7-1-5.

§ 37-65-3. Governor’s proclamation closing schools or institutions of higher learning.

The decision or determination to close any one or more of the schools, colleges or institutions of higher learning as provided in Section 37-65-1, shall be effectuated and evidenced by a proclamation of the governor of the State of Mississippi, which shall be effective upon his execution or issuance thereof, and such schools, colleges, or institutions of higher learning closed according to the provisions of this article shall remain so closed until said governor shall execute or issue a further proclamation opening same. The use by said governor of the power vested in him by the terms of this article may be exercised from time to time as, in his discretion, he may deem necessary for any or all of the purposes specified in Section 37-65-1 and any proclamation of closure need not specify the period of time during which such closure shall be effective.

HISTORY: Codes, 1942, § 6232-22; Laws, 1958, ch. 311, § 2, eff from and after passage (approved May 6, 1958).

§ 37-65-5. Person entering upon closed school’s premises without approval of governor is a trespasser; penalty.

Upon the closure of any such school, college, or institution of higher learning, no person shall go or enter upon the premises thereof except with the permission or approval of said governor, and any other person going or entering upon said premises shall be a trespasser and guilty of a misdemeanor under the laws of the State of Mississippi. Upon conviction thereof, such person shall be fined not more than five hundred dollars ($500.00), or be imprisoned in the county jail for not more than thirty days, or be both so fined and imprisoned.

HISTORY: Codes, 1942, § 6232-23; Laws, 1958, ch. 311, § 3, eff from and after passage (approved May 6, 1958).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-65-7. Salaries of superintendents, teachers and other employees may be paid while schools are closed.

The board of trustees of any such school district, agricultural high school district or agricultural high school and junior college district, and the board of trustees of state institutions of higher learning, respectively, as the case may be, may, in their discretion, pay all or any part of the salary of all superintendents, principals, teachers and other employees during or for the period when any of the said schools, agricultural high schools, agricultural high schools and junior colleges, or institutions of higher learning are closed in accordance with the terms of this article, and funds shall be drawn from the same source or sources as such funds would be drawn to pay such items if the schools, agricultural high schools, agricultural high schools and junior colleges, or institutions of higher learning had not been closed.

HISTORY: Codes, 1942, § 6232-25; Laws, 1958, ch. 311, § 5, eff from and after passage (approved May 6, 1958).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 187.

CJS.

78 C.J.S., Schools and School Districts § 453.

§ 37-65-9. Students affected by closing of school may be transferred to other schools.

Upon and during the closure in accordance with the provisions of this article of any school, the educable children or enrolled students affected thereby may be assigned or transferred, as the case may be, to another school or district, as the case may be, in accordance with the laws of this state.

HISTORY: Codes, 1942, § 6232-26; Laws, 1958, ch. 311, § 6, eff from and after passage (approved May 6, 1958).

§ 37-65-11. Teachers and other employees affected by closing of schools may be employed in other schools.

Upon or during any period of closure in accordance with the provisions of this article, any teacher or other employee affected thereby may be, by the board of trustees of such school district, college or institution of higher learning, placed in any other school within the district or any other junior college or institution of higher learning, as the case may be, or may be employed in such other school or junior college or institution of higher learning.

HISTORY: Codes, 1942, § 6232-26; Laws, 1958, ch. 311, § 6, eff from and after passage (approved May 6, 1958).

§ 37-65-13. Routes and facilities may be changed to accommodate transportation of pupils during school closure.

Upon or during any closure of any school in accordance with the provisions of this article, any and all transportation routes or transportation facilities may be changed or adjusted by the interested board or boards of trustees to accommodate the transportation of children who would be otherwise entitled to transportation had such closure not occurred.

HISTORY: Codes, 1942, § 6232-27; Laws, 1958, ch. 311, § 7, eff from and after passage (approved May 6, 1958).

Cross References —

Schoolchildren entitled to transportation generally, see §37-41-3.

§ 37-65-15. Closing of schools shall not affect retirement benefits.

Upon or during any closure of any school, junior college or institution of higher learning in accordance with the terms of this article, the retirement benefits under existing law of any teacher, superintendent, principal or other employee shall in no way be affected by the same or because of the period of time elapsing during which such school, junior college or institution of higher learning may be closed.

HISTORY: Codes, 1942, § 6232-28; Laws, 1958, ch. 311, § 8, eff from and after passage (approved May 6, 1958).

Cross References —

Social security and state retirement and disability benefits generally, see §§25-11-3 et seq.

Teachers’ retirement system generally, see §§25-11-201 et seq.

§ 37-65-17. Period of closure shall not be deducted from time earned toward certification.

Should any school, junior college or institution of higher learning be closed in accordance with the terms of this article, such period of closure shall not be subtracted from the period of time which would otherwise be earned by any superintendent, principal, teacher or other employee employed to render services in and about the conduct and operation of any such school, junior college or institution of higher learning, as to any certification to which such person might otherwise be entitled.

HISTORY: Codes, 1942, § 6232-28; Laws, 1958, ch. 311, § 8, eff from and after passage (approved May 6, 1958).

§ 37-65-19. Elapsed time during closure shall not be deducted from time schools are required to be operated during scholastic year.

The period of time which may elapse during any closure of any school, junior college or institution of higher learning in accordance with the terms of this article, shall not be deducted or counted as a deduction from any period of time which by any other law of this state such school, junior college or institution of higher learning is required to be operated in any scholastic year. The provision of any other law of this state setting a minimum time or number of days which any such school, junior college or institution of higher learning is required to be operated in any scholastic year shall not prevent the closure provided for in this article, and in the event of any conflict between the terms of this article and any such other law, the provisions of this article shall control.

HISTORY: Codes, 1942, § 6232-29; Laws, 1958, ch. 311, § 9, eff from and after passage (approved May 6, 1958).

§ 37-65-21. Construction of article.

The fact that the power and authority to close any one or more or all of the schools of any school district, or any agricultural high school, or any agricultural high school and junior college, or any institution of higher learning may be by some other law of the State of Mississippi vested in some other person or officer or board shall not cause this article and any other such law to be in conflict nor shall same be construed to be in conflict with each other, and the power and authority vested in each such board or boards of trustees or person or officer may be exercised by each or either, independent of the other such board or boards or person or persons or officer or officers.

HISTORY: Codes, 1942, § 6232-30; Laws, 1958, ch. 311, § 10, eff from and after passage (approved May 6, 1958).

Article 3. Closing Pursuant to Board of Trustees’ Order.

§ 37-65-101. Conditions under which board of trustees may close public schools.

In addition to all other power and authority which may now be vested in any board of trustees of any school district by the constitution or statutes, or both, of the State of Mississippi, any such board of trustees is hereby vested with the authority to close any one or more or all schools in any school district when, in its discretion, it determines such closure to be to the best interest of a majority of the educable children of the territory served, or to the best interest of a majority of the children enrolled in any such school or schools. Said board of trustees is also vested with the authority, in its discretion, to close any one or more or all schools in any school district when such board, in its discretion, determines such closure will promote or preserve the public peace, order or tranquility of the district.

HISTORY: Codes, 1942, § 6232-41; Laws, 1960, ch. 316, § 1, eff from and after passage (approved April 27, 1960).

Cross References —

Powers, authority, and duties of boards of trustees of school districts generally, see §37-7-301.

§ 37-65-103. Order closing schools.

The decision or determination to close any one or more or all schools of the district shall be effectuated and evidenced by an order of such board of trustees directing the same, entered upon the minutes of such board, and the same shall be sufficient by an adjudication or determination therein of any one or more reasons authorizing such action as set out in Section 37-65-101, and it shall not be necessary to include in said order any fact or detail other than the said reason or reasons above mentioned.

Any one or more or all schools of the district which may be closed, as hereinabove provided for, shall remain closed until further order of said board of trustees made and entered upon its minutes opening such school or schools or all schools of the district.

HISTORY: Codes, 1942, §§ 6232-42, 6232-43; Laws, 1960, ch. 316, §§ 2, 3, eff from and after passage (approved April 27, 1960).

§ 37-65-105. Salaries of superintendents, teachers and other employees may be paid while schools are closed.

The board of trustees of any such school district may, in its discretion, pay all or any part of the salary of all superintendents, principals, teachers and other employees during or for the period when any of the said schools are closed in accordance with the terms of this article, and funds shall be drawn from the same source or sources as such funds would be drawn to pay such items if the school or schools had not been closed.

HISTORY: Codes, 1942, § 6232-48; Laws, 1960, ch. 316, § 8, eff from and after passage (approved April 27, 1960).

RESEARCH REFERENCES

Am. Jur.

67B Am. Jur. 2d, Schools § 187.

CJS.

78 C.J.S., Schools and School Districts § 453.

§ 37-65-107. Students affected by closing of school may be transferred to other schools.

Upon and during the closure in accordance with the provisions of this article of any school, the educable children or enrolled students affected thereby may be assigned or transferred, as the case may be, to another school or district, as the case may be, in accordance with the laws of this state.

HISTORY: Codes, 1942, § 6232-49; Laws, 1960, ch. 316, § 9, eff from and after passage (approved April 27, 1960).

Cross References —

Assignment of schoolchildren to schools or attendance centers generally, see §§37-15-13 et seq.

§ 37-65-109. Teachers and other employees affected by closing of schools may be placed in other schools.

Upon or during any period of closure in accordance with the provisions of this article, any teacher or other employee affected thereby may be, by the board of trustees of such school district, placed in any other school within the district, or in a school or schools of another convenient district.

HISTORY: Codes, 1942, § 6232-49; Laws, 1960, ch. 316, § 9, eff from and after passage (approved April 27, 1960).

§ 37-65-111. Routes and facilities may be changed to accommodate transportation of pupils during school closure.

Upon or during any closure of any school according to the provisions of this article, any and all transportation routes or transportation facilities may be changed or adjusted by the interested board or boards of trustees to accommodate the transportation of children who would be otherwise entitled to transportation had such closure not occurred.

HISTORY: Codes, 1942, § 6232-50; Laws, 1960, ch. 316, § 10, eff from and after passage (approved April 27, 1960).

Cross References —

Schoolchildren entitled to transportation generally, see §37-41-3.

§ 37-65-113. Closing of schools shall not affect retirement benefits.

Upon or during any closure of any school in accordance with the terms of this article, the retirement benefits under existing law of any teacher, superintendent, principal or other employee shall in no way be affected by the same or because of the period of time elapsing while such school or junior college or institution of high learning may be closed.

HISTORY: Codes, 1942, § 6232-51; Laws, 1960, ch. 316, § 11, eff from and after passage (approved April 27, 1960).

Cross References —

Social security and state retirement and disability benefits generally, see §§25-11-3 et seq.

Teachers’ retirement system generally, see §§25-11-201 et seq.

§ 37-65-115. Period of closure shall not be deducted from time earned toward certification.

Should any school be closed in accordance with the terms of this article, such period of closure shall not be subtracted from the period of time which would otherwise be earned by any superintendent, principal, teacher or other employee employed to render services in and about the conduct and operation of any such school, as to any certification to which such person might otherwise be entitled.

HISTORY: Codes, 1942, § 6232-51; Laws, 1960, ch. 316, § 11, eff from and after passage (approved April 27, 1960).

§ 37-65-117. Elapsed time during closure not to be deducted from time schools are required to be operated during scholastic year.

The period of time which may elapse during any closure of any school in accordance with the terms of this article, shall not be deducted or counted as a deduction from any period of time which by any other law of this state such school is required to be operated in any scholastic year. The provisions of any other law of this state setting a minimum time or number of days which any such school is required to be operated in any scholastic year shall not prevent the closure provided for in this article, and, in the event of any conflict between the terms of this article and any such other law, the provisions of this article shall control.

HISTORY: Codes, 1942, § 6232-52; Laws, 1960, ch. 316, § 12, eff from and after passage (approved April 27, 1960).

§ 37-65-119. Duties incumbent upon board of trustees upon filing of petitions to reopen schools.

If a petition or petitions be filed with the secretary or president of the board of trustees, signed in person in accord with the provisions of this article by three-fifths of the persons who are qualified electors in or of the school district in which any one or more schools have been closed and three-fifths of the qualified electors who reside in the territory comprising the attendance area, if any has been designated, served by any school which may be closed, requesting the opening of a school or schools which have been closed and specifying the school or schools the re-opening of which is requested by the petition they signed, then it shall be the mandatory duty of such board of trustees to forthwith determine whether said petition or petitions are signed by the said requisite number of said qualified electors. In order to facilitate the determination by the board of whether the petition or petitions have been signed by the requisite number of said qualified electors and so that the board of trustees may have the completed petitions before it upon which its determination shall be made, all petitions requesting the opening of the same school or schools shall be filed not later than seven days after the filing of the first petition addressed to the re-opening of the same school or schools; in computing such period of time the day of filing the said first petition shall be excluded.

The board of trustees with whom any such petition or petitions are filed shall check and verify every petition or petitions filed with it to determine whether it be properly signed or executed by the required number of qualified electors. Such board of trustees is fully authorized to employ such person or persons, including counsel, as it may deem necessary in order to expeditiously make such investigation, and it is also authorized to hold such hearing or hearings as it may deem necessary in and about its said investigation and determination. All persons purporting to have signed said petition or petitions shall cooperate with said board of trustees in and about such investigation and determination.

The said board of trustees shall diligently proceed with and complete its investigation and determination of whether said petition or petitions are signed by the requisite number of qualified electors so as to avoid unnecessary delay and in any event shall complete same within not more than forty-five days after the last day upon which, in accord with this section, any petition or petitions may be filed as above provided for. The verification by the board of trustees of the signatures to said petition or petitions shall include an examination of the records on file in the office of the circuit clerk or registrar of the county or counties in which the school district involved may be situated. If it be apparent upon the face of the petition or petitions that same are not signed by the requisite number of qualified electors, when all petitions are considered together which may have been filed within such period of time above provided for, the said board of trustees may make its determination upon the sufficiency of said petition without making the detailed investigation or incurring the expense which would otherwise be incurred by such investigation and check of the records.

Within three days after the board of trustees shall have determined whether said petition or petitions do or do not contain the requisite number of signatures to re-open any school or schools therein designated, it shall hold a regular or special meeting at the place where its regular meetings are held, if the building containing same be then in existence, or, otherwise, in some other public place within the district to be selected by the president of said board of trustees, and there make the official announcement and determination of the sufficiency or insufficiency of the said petition or petitions to cause a re-opening of any school or schools which have been closed in accord with the terms of this article and enter an order evidencing its determination. If it finds that said petition or petitions are insufficient to cause such a re-opening of any such school, it shall so state in its order, but if it finds that the petition or petitions are sufficient in accord with the terms of this article to cause a re-opening of any school or schools previously closed, it shall order that the school or schools be re-opened and go into operation within one week from the date of such meeting; the day of the entry of such order shall be included in such computation of time. Upon the entry of such order all students which have been transferred to other schools and all employees who have been working in other schools and all other employees and all other students who were enrolled in any school or schools which were closed shall, on the day appointed for the re-opening of said school or schools, report for classes and duty in the school or schools where they were attending or working when such school or schools were closed, and such order shall automatically be a re-transfer of such students and employees.

HISTORY: Codes, 1942, § 6232-43; Laws, 1960, ch. 316, § 3, eff from and after passage (approved April 27, 1960).

Cross References —

Powers, authority, and duties of boards of trustees of school districts generally, see §37-7-301.

“Qualified elector” defined, see §37-65-123.

§ 37-65-121. Copies of petition shall be forwarded to state superintendent of public education.

A signed duplicate original copy or a photostatic or other reproduced copy, not a hand or typewritten copy, of the petition or petitions provided for in Section 37-65-119, shall be sent by registered or certified mail to the state superintendent of public education on the day when one such copy shall have been filed with or delivered to the president or secretary of the board of trustees to which such petitions be directed. Such copy or copies above mentioned may be transmitted to the state superintendent of public education by the person or persons filing or delivering same to said president or secretary of said board of trustees and shall be accompanied by the oath of such person or persons as to such facts and the date or dates on which such action was done. If such is not done the original petition shall have no validity.

All duplicate original signed copies or other copy or copies of said petitions, as hereinabove provided for, shall be preserved for not less than one calendar year from the date of said filing and same shall be public records.

HISTORY: Codes, 1942, §§ 6232-43, 6232-45; Laws, 1960, ch. 316, §§ 3, 5, eff from and after passage (approved April 27, 1960).

§ 37-65-123. “Qualified elector” defined.

The words “qualified elector” or “qualified electors” for the purposes of this article, shall in addition to the provisions of the first paragraph of Section 37-65-119, mean:

A person, who on the day he or she signs any petition provided for in the section, is properly registered and qualified to vote in a county wide election of the county if such were then held, according to the voter roll as electronically maintained in the Statewide Elections Management System in the office of the circuit clerk and registrar of the county, in which all or any part of the school district is located, and who is a resident of the school district in which one or more schools have been closed, and who (a) is qualified to vote in an election of a trustee of that school district, if any be elective and (b) if the school district be a municipal separate school district or a special municipal separate school district and such person lives within the corporate limits of the municipality then such person must be qualified to vote in a city wide election if such were held on the day he or she signs any petition herein provided for.

HISTORY: Codes, 1942, § 6232-43; Laws, 1960, ch. 316, § 3; Laws, 2017, ch. 441, § 185, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “voter roll as electronically maintained in the Statewide Elections Management System” for “books and records”; and made gender neutral and minor stylistic changes.

§ 37-65-125. Details of petitions.

No person shall sign any such petition or petitions provided for in Section 37-65-119 who is not a qualified elector. All petitions shall be signed in person. Opposite or under his name, every signer shall, in a manner readily identifiable with his name, give the following information: his post office and street address, if any; the name in or by which he is registered upon the county registration books; his occupation; where employed, if employed; the voting precinct where he last voted if he has voted within the last three years; if the school district includes part of two judicial districts and has two offices of the circuit clerk and registrar, he shall specify the municipality in which is located the circuit clerk’s office where he is registered; and whether he is parent, natural or adoptive, or guardian, as the case may be, of a child or children enrolled in a school of the district and if so, the name of the child or children and the school in which said child or children may be enrolled. Any name signed to such a petition which does not give all information required above shall not constitute a valid signature to any such petition and shall be disregarded in computing the number of qualified electors who may have signed any such petition.

HISTORY: Codes, 1942, § 6232-43; Laws, 1960, ch. 316, § 3, eff from and after passage (approved April 27, 1960).

Cross References —

“Qualified elector defined, see §37-65-123.

§ 37-65-127. Board may act at regular or special meeting.

Any action or order of the board of trustees provided for in this article or deemed necessary may be taken at any regular or special meeting thereof, held at the place where such board holds its regular meetings, or otherwise as provided in this article and at which a majority of the board of trustees shall be present.

HISTORY: Codes, 1942, § 6232-44; Laws, 1960, ch. 316, § 4, eff from and after passage (approved April 27, 1960).

§ 37-65-129. Appeals.

In the event any board of trustees shall fail or refuse to comply with the provisions of Sections 37-65-119 through 37-65-127, a failure to act being equivalent to a refusal, then any ten or more qualified electors who have personally signed said petition may appeal from the action or nonaction of such board of trustees to the chancery court of the county in which all or a major portion of such school district is situated, within twenty days after the date by which said board is required to determine whether such petition or petitions are properly signed by the required percentage of qualified electors necessary to require the opening of any school or schools of the district which have been closed. Such appeal shall not serve as a supersedeas or cause an opening of such school or schools pending the hearing of the appeal unless a court or chancellor in vacation, for good cause shown, orders such school or schools to be opened pending the appeal. The appeal shall be by sworn bill of complaint, filed in such chancery court within said twenty-day period. The secretary of the interested board or boards of trustees shall, within fifteen days after the filing of such bill of complaint, file in such chancery court a certified copy of all orders, petitions and findings by such board of trustees; however, he may, in his discretion, file, instead of making copies thereof, the duplicate original copy of the petitions theretofore filed or delivered, if such has been done, with the president or secretary of said board of trustees. Neither the provisions of this section nor any other provision of this article shall be or constitute any waiver of the immunity from suit of any school district or member of the board of trustees thereof except strictly in accord with the terms of this article.

The hearing on appeal shall be de novo and may be heard in term time or in vacation on such date as the chancellor may set. The court may enter such order as the board of trustees involved should have made or affirm the action of such board of trustees. Said appeal shall be tried in the same manner and by the same rules of pleading, procedure and evidence as other causes in chancery courts of Mississippi. The action of such board of trustees shall be affirmed if there be substantial evidence to support the action taken by it. The said board and any qualified electors of the district, by proper pleading, answer or demurrer as used in the chancery courts of this state, may defend the action or nonaction of the board from which the appeal is taken, and be a party thereto.

Any parties to such appeal may appeal from the decision of the chancellor or chancery court to the supreme court of Mississippi as in appeals in other cases from the chancery courts of this state and such case shall be a preference case and treated as such.

HISTORY: Codes, 1942, § 6232-46; Laws, 1960, ch. 316, § 6, eff from and after passage (approved April 27, 1960).

§ 37-65-131. Construction of article.

The fact that the power and authority to close any one or more or all of the schools of any school district may, by some other law of the State of Mississippi, be vested in some other person or officer or board shall not cause this article and any other such law to be in conflict nor shall the same be construed to be in conflict with each other, and the power and authority vested in each such board or boards of trustees or person or officer may be exercised by each or either, independent of the other such board or boards or person or persons or officer or officers.

HISTORY: Codes, 1942, § 6232-53; Laws, 1960, ch. 316, § 13, eff from and after passage (approved April 27, 1960).

Chapter 67. Distance Learning Collaborative Act of 2016

§ 37-67-1. Distance Learning Collaborative Act of 2016; definitions; voluntary distance learning grant program.

  1. This section shall be known and may be cited as the “Distance Learning Collaborative Act of 2016.”
  2. As used in this section:
    1. “Distance learning” means a method of delivering education and instruction on an individual basis to students who are not physically present in a traditional setting such as a classroom. Distance learning provides access to learning when the source of information and the learners are separated by time and distance, or both. Distance learning courses that require a physical on-site presence for any reason other than taking examinations may be referred to as hybrid or blended courses of study.
    2. “Department” means the Mississippi Department of Education.
    3. A “distance learning collaborative” means a school or schools that write and submit an application to participate in the voluntary distance learning program. A distance learning collaborative is comprised, at a minimum, of a public school district, and may include an agency or other nonprofit organization approved by the State Department of Education to provide distance learning resources.
    4. A “lead partner” is a public school district or other nonprofit entity with the instructional expertise and operational capacity to manage the Distance Learning Collaborative Program as described in the approved application for funds. The lead partner serves as the fiscal agent for the collaborative and shall disburse awarded funds in accordance with the collaborative’s approved application. The lead partner ensures that the collaborative adopts and implements the Distance Learning Collaborative Program consistent with the standards adopted by the State Board of Education. The public school district shall be the lead partner if no other qualifying lead partner is selected.
  3. Effective with the 2016-2017 school year, the Mississippi State Department of Education shall establish a voluntary distance learning grant program which shall be a collaboration among the entities providing distance learning services for students. The Distance Learning Collaborative Program shall provide financial assistance to encourage and improve distance learning education services in rural areas through the use of telecommunications, computer networks and related advanced technologies to be used by students, teachers and rural residents. Grants are for projects where the benefit is primarily delivered to end users who are not at the same location as the source of the education service.
  4. Distance Learning Collaborative Grants may be used to:
    1. Acquire the following types of equipment: (i) computer hardware and software; (ii) audio and video equipment; (iii) computer network components; (iv) terminal equipment; (v) data terminal equipment; (vi) inside wiring; (vii) interactive video equipment; and (viii) other facilities that further distance learning technology services.
    2. Acquire instructional programming for distance learning programs.
    3. Acquire technical assistance and instruction for using eligible equipment.
    4. The cost of tuition and fees for students to participate over and above the available federal Perkins Loans or Stafford Loans which are loaned directly to qualifying students to assist in covering the cost of distance learning funding.
    5. Any interest charges that accumulate during a student’s degree program for the utilization of distance learning services.
  5. Subject to the availability of funds appropriated therefor, the State Department of Education shall administer the implementation, monitoring and evaluation of the voluntary Distance Learning Collaborative Program, including awards and the application process. The department shall establish a rigorous and transparent application process for the awarding of funds. Lead partners shall submit the application on behalf of their distance learning collaborative. The department will establish monitoring policies and procedures that shall include at least one (1) site visit per year. The department will provide technical assistance to collaboratives and their providers to improve the quality of distance learning services. The department will evaluate the effectiveness of each distance learning collaborative.
  6. Distance Learning Collaborative Program funds shall be awarded to distance learning collaboratives whose proposed programs meet the program criteria established by the State Board of Education which shall include the following:
    1. Distance learning programs shall be approved and registered with the State Department of Education and course content must be aligned with state standards.
    2. Distance learning instructors shall complete professional development training in online methodology and technical aspects of web-based instruction, and may be credentialed by the National Board for Professional Teaching Standards (NBPTS).
    3. Transcript equivalency of grades between online and traditional classes. Student enrollment and credits awarded shall be made in accordance with regulations jointly approved by the State Board of Education, the Mississippi Community College Board and the Board of Trustees of State Institutions of Higher Learning.
    4. Curriculum standards for online courses.
    5. Classroom “seat time” requirements for online courses.
    6. Accountability for student achievement, including methods to assess online course completion rates.
  7. A teacher, assistant teacher or other employee whose salary and fringe benefits are paid from state funds allocated for the Distance Learning Collaborative Program shall only be classified as a state or local school district employee eligible for state health insurance benefits or membership in the Public Employees’ Retirement System, if the person’s employer is already a public school district or an agency or instrumentality of the state, and the employee would be eligible for such benefits in the normal course of business.
  8. Funding shall be provided for the Distance Learning Collaborative Program beginning with the 2016-2017 fiscal year subject to appropriation by the Legislature, and the Legislature may appropriate funds to implement the program on a phased-in basis. The State Department of Education may receive and expend contributions and funding from private sources for the administration and implementation of the Distance Learning Collaborative Program. In the initial phase of implementation, the State Department of Education shall award state funds based on a community’s capacity, commitment and need in order to encourage and improve distance learning services in rural areas. The department shall make an annual report to the Legislature and the Governor regarding the effectiveness of the Distance Learning Collaborative Program, and the PEER Committee shall review those reports and other program data and submit an independent evaluation of the program operation and effectiveness to the Legislature and the Governor on or before October 1 of the calendar year before the beginning of the next phased-in period of funding. The State Department of Education shall reserve no more than five percent (5%) of the appropriation in any year for administrative costs. Funds remaining after awards to distance learning collaboratives may be carried over in the following year.
  9. The lead partner of a distance learning collaborative and the local school district shall compile information about online learning programs for high school students to earn college credit and place the information on its website. Examples of information to be compiled and placed on the website include links to providers of approved online learning programs, comparisons among various types of online programs regarding awarding of credit, advantages and disadvantages of online learning programs, and other general assistance and guidance for students, teachers and counselors in selecting and considering online learning programs. Public high schools shall ensure that teachers and counselors have information about online learning programs for high school students to earn college or university credit and are able to assist parents and students in accessing the information. Distance learning collaboratives shall ensure that parents and students have opportunities to learn about online learning programs under this section.

HISTORY: Laws, 2016, ch. 353, § 1, eff from and after July 1, 2016.

Chapter 101. Institutions of Higher Learning; General Provisions

In General

§ 37-101-1. Management of state institutions of higher learning.

The following state institutions of higher learning, namely:

The University of Mississippi;

The Mississippi State University of Agriculture and Applied Science;

The Mississippi State College for Women;

The University of Southern Mississippi;

The Delta State College;

The Alcorn Agricultural and Mechanical College;

The Jackson State College;

The Mississippi Valley State College;

and any other of like kind which may be hereafter established by the state;

shall be under the management and control of a board of trustees to be known as the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 6719; Laws, 1932, ch. 127; Laws, 1944, ch. 262, § 2.

Editor’s Notes —

Section 37-117-1 changed the name of Mississippi State College for Women to Mississippi University for Women.

Section 37-121-1 changed the name of Alcorn Agricultural and Mechanical College to Alcorn State University.

Section 37-123-1 changed the name of Delta State College to Delta State University.

Section 37-125-1 changed the name of Jackson State College to Jackson State University.

Section 37-127-1 changed the name of Mississippi Valley State College to Mississippi Valley State University.

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Election of a member of the board of trustees of the public employees’ retirement system of Mississippi by members of such system who are employees of the institutions of higher learning as included in this section, see §25-11-15.

Optional retirement program for employees of state institutions of higher learning, see §25-11-401.

Issuance of general obligation bonds for the purpose of renovating or repairing facilities at various institutions of higher learning, the Education and Research Center, and the Gulf Coast Research Laboratory, see §37-101-301.

Education Achievement Council to work collaboratively with the Board of Trustees of State Institutions of Higher Learning to achieve state’s goal of increasing educational attainment and skill levels to national average, see §37-163-1.

Fisheries and Wildlife Research, see §§49-3-1 et seq.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

Exclusion of certain university-supplied services from review by small business consortium board, see §57-10-161.

Mississippi Marine Resources Council, see §§57-15-1 et seq.

Forest and Wildlife Research Center at Mississippi State University, see §§57-18-1 et seq.

Food Technology Laboratory, see §§57-19-1 et seq.

Mississippi State Chemical Laboratory, see §§57-21-1 et seq.

Research Institute of Pharmaceutical Sciences at the University of Mississippi, see §§57-23-1 et seq.

Mississippi Law Research Institute, see §57-55-5.

Water Resources Research Institute, see §57-55-7.

Mississippi Mineral Resources Institute, see §57-55-9.

Small business development center, see §57-55-11.

Mississippi Polymer Institute, see §57-55-13.

Mississippi Energy Research Center, see §57-55-15.

Mississippi Urban Research Center, see §57-55-17.

Mississippi Department of Transportation to construct, repair and maintain driveways and streets on grounds of universities and colleges under jurisdiction of Board of Trustees of the State Institutions of Higher Learning, see §65-1-37.

OPINIONS OF THE ATTORNEY GENERAL

A county E911 Commission cannot require a state institution of higher learning to join the local emergency communications system. Tomek, October 16, 1998, A.G. Op. #98-0592.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

3. Relationship to other laws.

4. Immunity.

1. In general.

Trial court properly granted a university’s motion to dismiss plaintiff’s personal injury complaint where the university was definitively identified as an institution of the State of Mississippi; therefore, service of process was dictated by Miss. R. Civ. P. 4(d)(5), and plaintiff should have served the Attorney General of the State of Mississippi rather than the university president. Jones v. Miss. State Univ., 948 So. 2d 509, 2007 Miss. App. LEXIS 45 (Miss. Ct. App. 2007).

University of Mississippi Medical Center (UMC) purchasing policies are authorized by the Board of Trustees by virtue of the authority bestowed upon them by the legislature and, therefore, are not merely internal policies. Whether for a purchase or a lease, certain procedures are required by statute for letting a contract with the State of Mississippi. Board of Trustees v. Peoples Bank of Mississippi, N.A., 538 So. 2d 361, 1989 Miss. LEXIS 13 (Miss. 1989).

The University of Southern Mississippi is an agency of the state, controlled by a legislative grant of authority to the Board of Trustees of State Institutions of Higher Learning. Bruner v. University of Southern Mississippi, 501 So. 2d 1113, 1987 Miss. LEXIS 2293 (Miss. 1987).

2. Constitutionality.

The Board of Trustees of State Institutions of Higher Learning is part of the executive branch of government rather than an autonomous branch of government, and thus does not constitute a fourth branch of government inconsistent with the Mississippi Constitution. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

The Board of Trustees of State Institutions of Higher Learning is an executive rather than a legislative body as indicated by the enumeration of the Board of Trustees’ powers and duties contained within the Mississippi Constitution and applicable statutes; thus, appointment of the Board of Trustees by the Governor rather than the legislature is not an encroachment upon the powers of the legislative branch of the government. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

3. Relationship to other laws.

Board of trustees of state institution of higher learning is not exempt from Open Meeting Act (§§25-41-1 et seq.) under either Mississippi Constitution (§ 213-A) or its companion statute (§§37-101-1 et seq). Board of Trustees v. Mississippi Publishers Corp., 478 So. 2d 269, 1985 Miss. LEXIS 2275 (Miss. 1985).

4. Immunity.

Former state university student’s 42 U.S.C.S. §§ 1981, 1983 race discrimination claims against the university, a state board of trustees, and several professors were barred under the U.S. Const. Amend. XI doctrine of sovereign immunity; both the university and the board were arms of the State of Mississippi where the board was created pursuant to Miss. Const. Art. 8, § 213A, the Mississippi Legislature granted further authority to the board via Miss. Code Ann. §37-101-1, and the university was a public university created by statute and placed under the auspices of the board via Miss. Code Ann. §§37-125-1 et seq. and37-101-1. Washington v. Jackson State Univ., 532 F. Supp. 2d 804, 2006 U.S. Dist. LEXIS 97302 (S.D. Miss. 2006).

Though an action for refund of tuition payments was brought against the president of Mississippi State University and other university officials, under state law Mississippi is inextricably involved in all facets of the operation of the university, the university and its officials being part and parcel of the state; thus, the state was the true defendant to the suit and its Eleventh Amendment immunity was applicable. Jagnandan v. Giles, 538 F.2d 1166, 1976 U.S. App. LEXIS 7037 (5th Cir. 1976), cert. denied, 432 U.S. 910, 97 S. Ct. 2959, 53 L. Ed. 2d 1083, 1977 U.S. LEXIS 2533 (U.S. 1977).

§ 37-101-2. Welfare Policy Institute.

There is hereby established within the Board of Trustees of State Institutions of Higher Learning a Welfare Policy Institute at a campus location to be designated by the board of trustees. The purpose of the institute shall be to research and gather empirical information regarding the social and welfare programs authorized under Sections 43-49-1 through 43-49-15, 43-13-115, 43-17-1, 43-17-5, 43-1-8, 43-1-10, 43-1-30 and 37-101-2 and to write grant proposals regarding the policy implications of such program.

HISTORY: Laws, 1993, ch. 614 § 16, eff from and after passage (approved April 15, 1993).

Editor’s Notes —

Sections 43-49-1 through 43-49-15 referred to in this section were repealed by Laws, 1997, ch. 316, § 27, eff from and after passage (approved March 12, 1997).

Sections 43-1-8 and 43-1-10 referred to in this section were repealed by Laws, 1994, ch. 582, § 8, eff from and after July 1, 1984.

§ 37-101-3. Appointment and terms of office of members of Board of Trustees of State Institutions of Higher Learning; attendance at meetings.

  1. The Governor, by and with the advice and consent of the Senate, shall appoint the members of the Board of Trustees of State Institutions of Higher Learning, one (1) member from each congressional district of the state as existing as of March 31, 1944, one (1) member from each Supreme Court district and two (2) members from the state at large, with the terms of each to begin on May 8, 1944. One-third (1/3) of the membership of said board so appointed shall be appointed for a period of four (4) years, one-third (1/3) for a period of eight (8) years and one-third (1/3) for a period of twelve (12) years. On the expiration of any of said terms of office the Governor shall appoint successors, by and with the advice and consent of the Senate, for terms of twelve (12) years in each case.

    The current president, or his/her designee, of the Student Body President’s Council of Mississippi (SBPCM) shall have a reserved seat at each meeting of the Board of Trustees of State Institutions of Higher Learning. No less than once a year, the board shall seek the advise and counsel of the student body president’s organization.

  2. In case of a vacancy on said board by death or resignation of a member or from any other cause than the expiration of such member’s term of office, the board shall elect his successor who shall hold office until the end of the next session of the Legislature. During such term of the session of the Legislature, the Governor shall appoint the successor member of the board from the district from which his predecessor was appointed to hold office until the end of the period or term for which said original trustee was appointed, to the end that one-third (1/3) of such trustees’ terms shall expire each four (4) years.
  3. The Executive Director of the Mississippi Community College Board, or his designee, and one (1) member of the Mississippi Community College Board, to be designated by the chairman of said board, shall attend all regular meetings of the Board of Trustees of State Institutions of Higher Learning. Said community/junior college representatives shall have no jurisdiction or vote on any matter within the jurisdiction of the board. The Executive Director of the Mississippi Community College Board and any designee who is a state employee shall receive no per diem for attending meetings of the board, but shall be entitled to actual and necessary expense reimbursement and mileage for attending meetings at locations other than Jackson, Mississippi. The designee of the Mississippi Community College Board shall receive per diem compensation as authorized by Section 25-3-69, Mississippi Code of 1972, for attending said meetings, and shall be entitled to reimbursement for actual expense reimbursement and mileage, which shall be paid from funds appropriated to the Board of Trustees of State Institutions of Higher Learning.

HISTORY: Codes, 1942, § 6720; Laws, 1940, ch. 196; Laws, 1944, ch. 262, § 3; Laws, 1988, ch. 426, § 1; Laws, 1989, ch. 413, § 2; Laws, 2006, ch. 596, § 1; Laws, 2014, ch. 397, § 41, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1986, ch. 500, § 21, proposed to amend this section, subject, however, to the proviso, contained in § 56 of that chapter, that such amendment would take effect and be in force from and after ratification by the electorate of House Concurrent Resolution No. 278, 1986 Regular Session; however, since House Concurrent Resolution No. 278 was not enacted during the 1986 legislative session, the amendment was not implemented.

Amendment Notes —

The 2006 amendment added the second paragraph of (1).

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” four times in (3).

Cross References —

Management and control of state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Mississippi Community College Board generally, see §§37-4-1 et seq.

JUDICIAL DECISIONS

1. In general.

The appointment of members to the Board of Trustees of State Institutions of Higher Learning does not violate the principle of “one-man, one-vote”; the “one-man, one-vote” rule does not apply to appointed positions, and therefore is not applicable to appointed members of the Board of Trustees. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

§ 37-101-4. Felix La Bauve Scholarship Trust.

There shall be a trusteeship, to be known as the Felix La Bauve Scholarship Trust, for the Felix La Bauve Scholarship that exists for the benefit of the University of Mississippi. The trusteeship shall be composed of three (3) persons. The initial composition of the trusteeship shall be the two (2) persons who last filled the position of La Bauve trustee on the Board of Trustees of State Institutions of Higher Learning and, as an ex officio voting member, the person holding the office of DeSoto County Superintendent of Education. The term of the trustee who served as La Bauve trustee on the Board of Trustees of State Institutions of Higher Learning from 1980-1984 shall be four (4) years. The term of the trustee who served in that position from 1984-1988 shall be eight (8) years. The term of each of the trustees shall begin on June 1, 1988.

At least one (1) month before the expiration of the term of a trustee, other than the DeSoto County Superintendent of Education, the trusteeship shall choose a successor who shall serve a term of eight (8) years. No trustee other than the DeSoto County Superintendent of Education shall serve more than one (1) term of office. Any person chosen as a trustee other than the Superintendent of Education shall be a resident of DeSoto County and shall hold an undergraduate degree from the University of Mississippi.

In case of the death, disability or resignation of any trustee, other than the DeSoto County Superintendent of Education, the trusteeship shall appoint a person to serve the remainder of the term of his predecessor who shall be a resident of DeSoto County and shall hold an undergraduate degree from the University of Mississippi.

The trusteeship shall be responsible for recommending to the Chancellor of the University of Mississippi prospective students who are eligible recipients of the La Bauve Scholarship. The Chancellor shall choose the best qualified student or students from those nominated, depending on the amount of monies available for scholarship awards.

The Legislature shall continue to appropriate the annual sum to the University of Mississippi that has been paid in lieu of the interest earned on the original corpus of the La Bauve Scholarship Fund until such time as the Legislature restores the original corpus of the fund, adjusted to current value at the time of restoration. Once the Legislature has restored the fund as hereinbefore provided, the annual appropriation shall cease, and scholarships shall be awarded from the income on the corpus of the fund. Thereafter, no expenditure shall be made from the corpus of the fund for any purpose.

HISTORY: Laws, 1988, ch. 426, § 2, eff from and after June 1, 1988.

§ 37-101-5. Qualifications of members of board.

There shall be appointed only men or women to membership on the board of trustees of state institutions of higher learning as shall be qualified electors residing in the district from which each is appointed and at least twenty-five years of age and of the highest order of intelligence, character, learning and fitness for the performance of such duties to the end that such board shall perform the high and honorable duties thereof to the greatest advantage of the people of the state and of such institutions, uninfluenced by any political considerations.

HISTORY: Codes, 1942, § 6721; Laws, 1932, ch. 127; Laws, 1944, ch. 262, § 4.

JUDICIAL DECISIONS

1. In general.

The appointment of members to the Board of Trustees of State Institutions of Higher Learning does not violate the principle of “one-man, one-vote”; the “one-man, one-vote” rule does not apply to appointed positions, and therefore is not applicable to appointed members of the Board of Trustees. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

§ 37-101-7. Organization of board; Commissioner of Higher Education; employment of personnel.

Within ten (10) days after the beginning of the terms of office of its members, upon call of the Governor, the Board of Trustees of State Institutions of Higher Learning shall meet in the City of Jackson and organize by electing one (1) of its number as president, whose term of office shall be for one (1) year or until a successor shall be elected, and shall transact such other business as may come before the meeting. When the presiding officer has voted and the result is a tie, he cannot vote again to break the tie.

The trustees shall have authority to appoint a nonmember as Commissioner of Higher Education, who shall possess the highest qualifications as an administrator and research worker. The Commissioner of Higher Education shall maintain an office and be responsible to the board for the efficient functioning of the staff which the board may from time to time establish. It shall be the duty of the Commissioner of Higher Education to make constant inquiry into the problems of higher education, to survey and study carefully the organization, management and all other affairs of each institution under the control of said trustees, to make report of all findings and recommend such changes as will increase efficiency and economy in the operation of each institution, and to perform such other duties as the board may prescribe. The Commissioner of Higher Education shall be responsible for compiling all laws and all rules and regulations of a general nature adopted by the board for the governance of the various institutions of higher learning in pamphlet or loose-leaf form. Current copies of such compilations shall be furnished to all officials directly responsible for the carrying out of such laws, rules and regulations. The expenses for such compilation and publication shall be paid by the board out of any funds available for the operation of said board.

The trustees shall authorize the employment of such other personnel as may be required from time to time to carry out the functions of the board and may assign to the personnel so employed such functions and duties and may delegate to the commissioner or other personnel such powers of the board as may be necessary to accomplish the purposes for which the board was established. All such personnel shall be employed by the commissioner with the approval of the board and shall hold office at the pleasure of the commissioner. The board shall also have the authority to employ on a fee basis such technical and professional assistance as may be necessary to carry out the powers, duties and purposes of the board.

The Commissioner of Higher Education and other personnel employed by the board shall receive reasonable salaries commensurate with their duties and functions, the amount of which shall be fixed by the board. The reasonable traveling expenses and other authorized expenses incurred by the commissioner and other personnel in the performance of their duties, together with other expenses of the operation of the executive office, shall be prorated and deducted from the appropriations for the current expenses of the several institutions.

HISTORY: Codes, 1942, § 6722; Laws, 1932, ch. 127; Laws, 1940, ch. 196; Laws, 1944, ch. 262, § 5; Laws, 1946, ch. 318, § 1; Laws, 1956, ch. 292, § 1; Laws, 1962, ch. 367, §§ 1, 2; Laws, 1988, ch. 324, § 1, eff from and after July 1, 1988.

Editor’s Notes —

Laws of 2011, ch. 511, § 1, provides:

“SECTION 1. (1) The State Superintendent of Public Education, the Commissioner of Higher Education and the Executive Director of the State Board for Community and Junior Colleges, acting jointly, shall develop a comprehensive report and recommendations to the 2012 Legislature on the implementation and operations of ‘Early College High Schools.’ The report shall be submitted no later than January 2, 2012, and shall provide, at a minimum, the following:

“(a) A clear definition of what constitutes an Early College High School and how it enhances education and job-related opportunities;

“(b) The mission and intent of such schools;

“(c) The established criteria for admission;

“(d) An outline of the comprehensive costs of establishing and operating such a school, including transportation, and recommendations on how the state and local school districts should pay those costs;

“(e) A requirement to provide reports on the status and level of success of operating Early College High Schools in other states across the country;

“(f) Implications for student participation in sports programs and other extracurricular activities when attending an Early College High School;

“(g) An identification of and recommendations on any state laws and policies that may need amending to provide authority for the implementation and operation of such schools;

“(h) Recommendations and costs for state and local funding of transportation services for other forms of dual enrollment programs operated across the state; and

“(i) Any other information as determined to be necessary to benefit the scope and detail of the report.

“(2) The State Superintendent of Public Education, the Commissioner of Higher Education and the Executive Director of the State Board for Community and Junior Colleges, acting jointly, shall include specific recommendations on the establishment of an Early College High School Pilot Program in Mississippi in the report submitted to the 2012 Legislature.”

Cross References —

Commissioner as member of Hazardous Waste Technical Siting Committee, see §17-18-11.

Reports of students charged with misdemeanors, see §§37-11-29 through37-11-33.

Membership of president of board of trustees on nuclear waste technical review committee, see §57-49-11.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 9 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 14, 15.

JUDICIAL DECISIONS

1. In general.

Neither § 213-A of the Mississippi Constitution nor Code 1972 §37-101-7 confer upon the Board of Trustees of State Institutions of Higher Learning the authority to engage private counsel over the objection of the Attorney General in a case of statewide interest. Wade v. Mississippi Cooperative Extension Service, 392 F. Supp. 229, 1975 U.S. Dist. LEXIS 12817 (N.D. Miss. 1975).

§ 37-101-9. Compensation of members of board; meetings.

The Board of Trustees of State Institutions of Higher Learning shall serve without salary compensation but shall receive a per diem and mileage as authorized by law including time of going to and returning from meetings of said board, together with actual travel and hotel expenses incident to the meetings of the board, and in the discharge of duties prescribed by the board.

The board of trustees shall hold two (2) regular slated meetings annually, one (1) in June and the other in January, and as many special meetings as may be necessary on call of the president or on call of five (5) members. In either case, the call shall be in writing and shall be mailed by registered letter with return receipt requested, or by certified mail, to each and every member at least five (5) days prior to the date of meeting. Eight (8) members of the board shall constitute a quorum for the transaction of business.

HISTORY: Codes, 1942, § 6723; Laws, 1932, ch. 127; Laws, 1940, ch. 196; Laws, 1944, ch. 262, § 6; Laws, 1958, ch. 312; Laws, 1962, ch. 368; Laws, 1978, ch. 370, § 1; Laws, 1980, ch. 560, § 15; Laws, 1992, ch. 342 § 1, eff from and after passage (approved April 20, 1992).

Cross References —

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

§ 37-101-11. Official seal.

The board of trustees of state institutions of higher learning is hereby authorized and empowered, in its discretion, to adopt and have an official seal in such form as it deems appropriate for its official use.

HISTORY: Codes, 1942, § 6719.5; Laws, 1958, ch. 310.

§ 37-101-13. Study of role and scope of institutions; supervision and control of programs, etc.

It shall be the duty of the Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges to begin immediately a comprehensive study of gaming and related programs, degrees and courses offered. Following the completion of such study, the board shall make such adjustments as may be found to be necessary in the programs of the various institutions, to the end that the broadest possible educational opportunities shall be offered to the citizens of this state without inefficient and needless duplication. Subject to the provisions of Section 75-76-34, the board shall, through such officers of the board and through such procedures as it shall see fit to establish, exercise continuing jurisdiction and control over the establishment of new courses of study, new departments and new functions and activities in each institution so that the growth and development of the program of higher education in the state shall proceed in an orderly and rational manner, inefficient and needless duplication may be avoided, and new expanded programs will be undertaken only as the same may become justified, based upon objective criteria to be established by the board. In carrying out the purposes of this section, particular attention shall be given to the extension programs of the various institutions. The boards, in conjunction with the chancellor and presidents of the institutions, shall take such steps as may be necessary to improve and coordinate such programs and shall exercise such direct control over the establishment, organization, operation and granting of credit for such programs as may be necessary to accomplish such purposes.

HISTORY: Codes, 1942, § 6722; Laws, 1932, ch. 127; Laws, 1940, ch. 196; Laws, 1944, ch. 262, § 5; Laws, 1946, ch. 318, § 1; Laws, 1956, ch. 292, § 1; Laws, 1962, ch. 367, §§ 1, 2; Laws, 1985, ch. 453, § 1; Laws, 2013, ch. 327, § 3, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment rewrote the first sentence, which formerly read: “It shall be the duty of the Board of Trustees of State Institutions of Higher Learning to begin immediately a comprehensive study of the role and scope of all of the various institutions under its jurisdiction, including a detailed study of the programs of study, degrees and courses offered”; added “Subject to the provisions of Section 75-76-34” to the beginning of the third sentence; and deleted “of Higher learning” following “institutions” in the last sentence made a minor stylistic change.

Cross References —

Duties of Mississippi Community College Board, see §37-4-3.

Reports of students charged with misdemeanors, see §§37-11-29 through37-11-33.

Duties of board, in general, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 9 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 13, 16.

JUDICIAL DECISIONS

1. In general.

The Board of Trustees of State Institutions of Higher Learning is an executive rather than a legislative body as indicated by the enumeration of the Board of Trustees’ powers and duties contained within the Mississippi Constitution and applicable statutes; thus, appointment of the Board of Trustees by the Governor rather than the legislature is not an encroachment upon the powers of the legislative branch of the government. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

§ 37-101-15. General powers and duties of board [Effective until July 1, 2019].

The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.

The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.

The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.

For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.

For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state, of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.

The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term of not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.

The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.

The board shall have the power to enter into an energy performance contract, energy services contract, a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.

The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.

In connection with any international contract between the board or one (1) of the state’s institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.

The Board of Trustees of State Institutions of Higher Learning (“board”), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.

The Board of Trustees of State Institutions of Higher Learning, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board’s executive office or at any of the state institutions of higher learning, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Higher Education or a state institution of higher learning administrator.

HISTORY: Codes, 1942, § 6724; Laws, 1932, ch. 127; Laws, 1944, ch. 262, §§ 7-13 (a-g, supra); Laws, 1960, ch. 291; Laws, 1962, ch. 367, § 3; Laws, 1970, ch. 388, § 1; Laws, 1985, ch. 493, § 5; Laws, 1987, ch. 436; Laws, 1998, ch. 578, § 2; Laws, 2004, ch. 313, § 1; Laws, 2005, 5th Ex Sess, ch. 24, § 6; Laws, 2011, ch. 373, § 1; Laws, 2014, ch. 481, § 5, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (c). The word “violaters” was changed to “violators”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 2006, ch. 554, § 4 provided as follows:

“SECTION 4. (1) There is created a commission to study the effectiveness and efficiency of the administration of college tuition assistance programs administered by the Institutions of Higher Learning. In addition, the commission shall evaluate merit based college tuition assistance programs and establish procedures and guidelines for implementing merit based programs.

“The commission shall make a report of its findings and recommendations to the House and Senate Education Committees and to the House and Senate Universities and Colleges Committees by October 1, 2006, including any recommended legislation. Upon submission of its report to the Legislature the commission shall be dissolved.

“(2) The commission shall be composed of the following five (5) members:

“(a) A representative of the State Department of Education, to be appointed by the State Superintendent of Public Education;

“(b) A representative from the Institutions of Higher Learning, to be appointed by the commissioner;

“(c) A representative from the State Board for Community and Junior Colleges, to be appointed by the executive director;

“(d) A representative from the Mississippi Association of Independent Colleges appointed by the President of the Mississippi Association of Independent Colleges; and

“(e) The State Treasurer, or his designee.

“(3) Appointments shall be made within thirty (30) days after the effective date of this act. The commission shall hold its first meeting before July 15, 2006.

“(4) Members of the commission may not be compensated for the performance of their duties. Any incidental costs associated with conducting the study shall be paid by the State Department of Education.

“(5) To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairperson of the task force, provide to the commission such facilities, assistance and data as will enable the commission to properly carry out its duties.”

Laws of 2011, ch. 511, § 2, provides:

“SECTION 2. (1) The State Board of Education, in conjunction with the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges, shall study and develop a comprehensive report and recommendations to the 2012 Legislature, by January 2, 2012, on the implementation, expansion and costs associated with the establishment of an Adult High School Diploma. The Chairmen of the House and Senate Education Committees, or their respective designees, and a representative appointed by the Governor, shall serve on the study panel for the development of an Adult High School Diploma.

“(2) The gubernatorial appointment to the study panel shall be made within thirty (30) days after the effective date of this act [April 26, 2011].

“(3) Legislative members of the study panel shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the study panel from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house; however, no expense for attending meetings of the study panel may be paid while the Legislature is in session.”

Section 37-4-5 provides that the terms “Junior College Commission” and “State Board for Community and Junior Colleges,” wherever they appear in the laws of Mississippi, shall mean the “Mississippi Community College Board.”

Amendment Notes —

The 2004 amendment added (j).

The 2005 amendment, 5th Ex Sess, ch. 24, added (k).

The 2011 amendment added ( l

The 2014 amendment, in (h), substituted “power to enter into an energy performance contract, energy services contract” for “power to contract, on” and deleted “not to exceed ten (10) years” from the end.

Cross References —

Management and control of state institutions of higher learning, see Miss. Const Art. 8, § 213A.

Department of audit generally, see §§7-7-1 et seq.

Rule that municipalities may not incorporate state institutions without consent of board of trustees of that institution, see §21-1-59.

Budgets for universities and colleges, see §27-103-127.

Board of trustees of state institutions of higher learning to create IHL accountability and transparency website; website to include, among other things, access to financial reports and audits, budgets, etc., see §27-104-155.

Power of the board of trustees of state institutions of higher learning to require physical examinations of school employees, see §37-11-17.

Eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical courses of instruction, see §37-11-49.

Rule that board of trustees may pay employees’ salaries while schools are closed, see §37-65-7.

Creation of Gulf Coast Research Laboratory, see §37-101-21.

Power of the board of trustees to borrow money to improve or add to existing facilities, see §37-101-91.

Standards governing board of trustees in ascertaining legal residence of applicants for admission to institutions of higher learning, see §§37-103-1 et seq.

Power of the board to acquire or sell property for use of Mississippi State University of Agriculture and Applied Science, see §37-113-7.

Establishment and operation of camps for 4-H Club members, see §§37-113-29,37-113-31.

Jackson State University, see §§37-125-1 et seq.

Designation of university to offer training courses required by Asbestos Abatement Accreditation and Certification Act, see §37-138-7.

Duties of the board of trustees of the state institution of higher learning with respect to the Mississippi School for Math and Science, see §37-139-7.

University Research Center, see §§37-141-1 et seq.

Approval of Board of Trustees required for formation of research corporations under Mississippi University Research Authority Act, see §37-147-15.

Co-operation with the Mississippi Commission on Wildlife, Fisheries and Parks, see §57-15-3.

Preparation of energy management plans, see §§57-39-101 et seq.

Mississippi Law Research Institute, see §57-55-5.

Water resources research institute, see §57-55-7.

Mississippi Mineral Resources Institute, see §57-55-9.

Small business development center, see §57-55-11.

Mississippi Polymer Institute, see §57-55-13.

Mississippi Energy Research Center, see §57-55-15.

Mississippi Urban Research Center, see §57-55-17.

Board to create Institute of High Energy Physics and Institute for Mathematics and Computing Sciences, see §57-67-13.

Assistance by Board of Trustees of State Institutions of Higher Learning in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

OPINIONS OF THE ATTORNEY GENERAL

Endowment funds donated directly to universities, as opposed to funds contributed to private development foundations established to raise money for universities, are public trust funds for which the Board of Trustees of State Institutions of Higher Learning (IHL) may be held liable in case of any loss of funds. For this reason, the IHL should consider limiting the investment of such funds to the types enumerated in the statutes to protect against possible loss and liability therefor. McLeod, January 16, 1998, A.G. Op. #97-0811.

Universities may lease property to private foundations for their use if such action is in the best interest of and furthers the missions of the universities; there should be rental or lease agreements memorializing the arrangements between the universities and the foundations, and consideration for the leases may take the form of payments in cash or such other benefit to the universities as may arise from the arrangements. Bryant, November 6, 1998, A.G. Op. #98-0676.

Jackson State University is authorized to impose reasonable fees upon students from the School of Social Work in connection with the performance of services for other entities as part of a practice component of the students’ curricula and, it may, in making arrangements with outside entities to provide practice opportunities, require participating students to pay reasonable membership fees, which include liability coverage, as part of its agreement with such entities. Clark, May 14, 1999, A.G. Op. #99-0184.

RESEARCH REFERENCES

ALR.

Student’s right to compel school officials to issue degree, diploma, or the like. 11 A.L.R.4th 1182.

College’s power to revoke degree. 57 A.L.R.4th 1243.

Am. Jur.

4 Am. Jur. Legal Forms 2d, Colleges and Universities §§ 60:81 et seq. (governing body).

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. In general.

2. Employment issues.

3. Purchasing authority.

1. In general.

The Board of Trustees of State Institutions of Higher Learning is part of the executive branch of government rather than an autonomous branch of government, and thus does not constitute a fourth branch of government inconsistent with the Mississippi Constitution. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

The Board of Trustees of State Institutions of Higher Learning is an executive rather than a legislative body as indicated by the enumeration of the Board of Trustees’ powers and duties contained within the Mississippi Constitution and applicable statutes; thus, appointment of the Board of Trustees by the Governor rather than the legislature is not an encroachment upon the powers of the legislative branch of the government. Van Slyke v. Board of Trustees of State Inst. of Higher Learning, 613 So. 2d 872, 1993 Miss. LEXIS 55 (Miss. 1993).

The University of Southern Mississippi is an agency of the state, controlled by a legislative grant of authority to the Board of Trustees of State Institutions of Higher Learning. Bruner v. University of Southern Mississippi, 501 So. 2d 1113, 1987 Miss. LEXIS 2293 (Miss. 1987).

This [Code 1942, § 6724] and the following sections of that chapter fix the duties of the board of trustees of state institutions. Meridith v. Fair, 202 F. Supp. 224, 1962 U.S. Dist. LEXIS 3902 (S.D. Miss.), rev'd, 305 F.2d 343, 1962 U.S. App. LEXIS 4699 (5th Cir. Miss. 1962).

2. Employment issues.

After learning of the former professor’s affair with a student at a university where he previously taught, the decision of the former president of the university and the former vice-president of academic affairs to recommend the professor for only a one-year position necessarily involved an act of choice or judgment, as by nature the president’s and vice-president’s administrative positions at the university required them to make those types of choices and judgments regarding the faculty, and Miss. Code Ann. §37-101-15(f) provided that the executive head of the university nominate for election all subordinate employees of the university; nothing in the statute limited the discretion of the president and thus the action by the president and vice-president recommending the professor for one year’s employment instead of tenure-track, after learning of the affair with the student, was a discretionary act immune from suit under Miss. Code Ann. §11-46-9(1)(d). Suddith v. Univ. of S. Miss., 977 So. 2d 1158, 2007 Miss. App. LEXIS 492 (Miss. Ct. App. 2007), cert. denied, 977 So. 2d 1144, 2008 Miss. LEXIS 150 (Miss. 2008).

A college professor did not have a property interest protected by due process in his grant of tenure. Section 37-101-15 empowers the Board of Trustees of Institutions of Higher Learning to terminate professors’ employment contracts at any time for malfeasance, inefficiency or contumacious conduct but does not create a legitimate expectation of continued employment for a non-tenured employee. If a state regulation conditions receipt of a benefit upon a discretionary decision of an administrator, there is no legitimate claim of entitlement to the benefit. Wicks v. Mississippi Valley State University, 536 So. 2d 20, 1988 Miss. LEXIS 591 (Miss. 1988).

The University of Southern Mississippi was not liable to an assistant coach under an employment contract which he allegedly entered into with the university’s head football coach, because the head football coach was without authority to offer a valid employment contract which can only be created where the Board of Trustees of State Institutions of Higher Learning approves a nomination of the school’s president, as shown upon the minutes of the board of trustees. Bruner v. University of Southern Mississippi, 501 So. 2d 1113, 1987 Miss. LEXIS 2293 (Miss. 1987).

Since, pursuant to §37-101-15(f), state university security officer could be terminated only for cause, he had protected property interest in employment until date of expiration of his employment contract, and he was entitled to receive (1) notice of reasons for his termination and (2) effective opportunity to rebut those reasons. Robinson v. Boyer, 643 F. Supp. 975, 1986 U.S. Dist. LEXIS 20524 (N.D. Miss. 1986), aff'd, 825 F.2d 64, 1987 U.S. App. LEXIS 11225 (5th Cir. Miss. 1987).

Miss Code §37-101-15(f), providing that the board of trustees of a state university shall have the power and authority to terminate employment contracts at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons, did not create a reasonable expectation of continued employment for a non-tenured university employee. Montgomery v. Boshears, 698 F.2d 739, 1983 U.S. App. LEXIS 30284 (5th Cir. Miss. 1983).

The office of secretary, treasurer and business manager of the Alcorn Agricultural and Mechanical College is not a public office within the meaning of the constitution § 175, providing exclusive method of removing a public officer. McClure v. Whitney, 120 Miss. 350, 82 So. 259, 1919 Miss. LEXIS 92 (Miss. 1919).

3. Purchasing authority.

University of Mississippi Medical Center (UMC) purchasing policies are authorized by the Board of Trustees by virtue of the authority bestowed upon them by the legislature and, therefore, are not merely internal policies. Whether for a purchase or a lease, certain procedures are required by statute for letting a contract with the State of Mississippi. Board of Trustees v. Peoples Bank of Mississippi, N.A., 538 So. 2d 361, 1989 Miss. LEXIS 13 (Miss. 1989).

In a proceeding instituted by the state building commission to enjoin the board of trustees of state institutions of higher learning from using self-generated funds, as distinguished from legislatively appropriated funds, to construct facilities at the institutions under its supervision without the approval of and control by the building commission, the chancery court properly dissolved a temporary injunction and dismissed the bill of complaint although it should have relied upon Miss Const § 213-A, which gives the board of trustees management and control of the institutions under its supervision, as well as upon §37-101-15, which sets out the general powers and duties of the board. The powers and duties granted to the building commission under §31-11-3 apply only to management and control of funds legislatively appropriated to both agencies, while the management and control of self-generated funds remain with the constitutionally organized board of trustees. State ex rel. Allain v. Board of Trustees, 387 So. 2d 89, 1980 Miss. LEXIS 2050 (Miss. 1980).

§ 37-101-15. General powers and duties of board [Effective July 1, 2019].

The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.

The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.

The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.

For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.

For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.

The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.

The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.

The board shall have the power 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 prescribed in Section 31-7-14.

The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.

In connection with any international contract between the board or one (1) of the state’s institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.

The Board of Trustees of State Institutions of Higher Learning (“board”), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.

The Board of Trustees of State Institutions of Higher Learning, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board’s executive office or at any of the state institutions of higher learning, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Higher Education or a state institution of higher learning administrator.

(i) The Board of Trustees of State Institutions of Higher Learning is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are paid for with self-generated funds.

Additionally, the board is authorized to oversee, administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds of the State of Mississippi at institutions designated annually by the board as being capable to procure and administer all such contracts. Prior to the disbursement of funds, an agreement for each project between the institution and the Department of Finance and Administration shall be executed. The approval and execution of the agreement shall not be withheld by either party unless the withholding party provides a written, detailed explanation of the basis for withholding to the other party. The agreement shall stipulate the responsibilities of each party, applicable procurement regulations, documentation and reporting requirements, conditions prior to, and schedule of, disbursement of general obligation bond funds to the institution and provisions concerning handling any remaining general obligation bonds at the completion of the project. Such agreement shall not include provisions that constitute additional qualifications or criteria that act to invalidate the designation of an institution as capable of procuring and administering such project. Inclusion of any such provisions may be appealed to the Public Procurement Review Board. This subparagraph (ii) shall stand repealed from and after July 1, 2022.

HISTORY: Codes, 1942, § 6724; Laws, 1932, ch. 127; Laws, 1944, ch. 262, §§ 7-13 (a-g, supra); Laws, 1960, ch. 291; Laws, 1962, ch. 367, § 3; Laws, 1970, ch. 388, § 1; Laws, 1985, ch. 493, § 5; Laws, 1987, ch. 436; Laws, 1998, ch. 578, § 2; Laws, 2004, ch. 313, § 1; Laws, 2005, 5th Ex Sess, ch. 24, § 6; Laws, 2011, ch. 373, § 1; Laws, 2014, ch. 481, § 5, eff from and after July 1, 2014; Laws, 2019, ch. 465, § 1, eff from and after July 1, 2019.

§ 37-101-16. Development and implementation of system of manpower management.

The board of trustees of state institutions of higher learning shall develop a system of manpower management which shall be implemented in all institutions under the control of the board. The manpower management system shall be so designed to insure accurate and rapid reporting of all manpower positions within each institution by job classification to include position number and title, grade, salary and fringe benefits, name of incumbent, social security number and date of hire.

HISTORY: Laws, 1977, ch. 355; Laws, 1984, ch. 488, § 201, eff from and after July 1, 1984.

Cross References —

Affect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

§ 37-101-17. Repealed.

Repealed by Laws, 1983, ch. 469, § 10, eff from and after July 1, 1983.

[Codes, 1930, § 7308; 1942, § 6791; Laws, 1924, ch. 284]

Editor’s Notes —

Former §37-101-17 prohibited board members, officers and agents from having any interest in or a party to any contract with the institution with which they were connected for materials or supplies.

§ 37-101-19. Marine research laboratory.

The Board of Trustees of State Institutions of Higher Learning is hereby authorized and empowered to establish and maintain a marine research laboratory on lands belonging to the State of Mississippi, said lands being a part of the Magnolia State Park in Jackson County, Mississippi, and to be assigned for the use of such laboratory by the Mississippi Department of Marine Resources.

The marine research laboratory may, in the discretion of the Board of Trustees of State Institutions of Higher Learning, be operated by the Mississippi Academy of Science, Inc., under the supervision and control of the Board of Trustees of State Institutions of Higher Learning.

The Board of Trustees of State Institutions of Higher Learning is hereby authorized and empowered to expend annually out of its regular appropriation for the support and maintenance of institutions of higher learning a sum not exceeding Five Thousand Dollars ($5,000.00) for the support and maintenance of the marine research laboratory.

HISTORY: Codes, 1942, § 6725-02; Laws, 1948, ch. 283, §§ 1-3; Laws, 2000, ch. 516, § 9, eff from and after passage (approved Apr. 30, 2000.).

Editor’s Notes —

Section 55-3-31 provides that the words “Mississippi Park Commission” shall mean the Mississippi Department of Wildlife, Fisheries and Parks.

Amendment Notes —

The 2000 amendment substituted “Mississippi Department of Marine Resources” for “Mississippi Park Commission” in the first paragraph.

Cross References —

Gulf Coast Research Laboratory, see §37-101-21.

Marine Resources Council generally, see §§57-15-1 et seq.

§ 37-101-21. Gulf Coast Research Laboratory.

A body politic and corporate is hereby created under the name of Gulf Coast Research Laboratory, to have perpetual succession, with powers to contract and be contracted with; to receive and acquire, by any legal method, property of any description, necessary or convenient for its operation, and to hold, employ, use and convey the same; to adopt and use a corporate seal; and to adopt by-laws, rules and regulations for the government of the same, its employees, officials, agents, and members.

The object and purposes of the Gulf Coast Research Laboratory shall be to promote the study and knowledge of science including the natural resources of the State of Mississippi and to provide for the dissemination of research findings and specimens from the Gulf Coast area.

The Gulf Coast Research Laboratory shall be under the control and supervision of the board of trustees of state institutions of higher learning, and the powers of said laboratory shall be vested in and its duties performed by said board.

The laboratory shall be located at some appropriate place within the state and on the Gulf of Mexico to be determined by the board of trustees of state institutions of higher learning.

It shall be the duty of the board of trustees of state institutions of higher learning to appoint or elect a director for said laboratory, determine the number of instructors, assistants and other employees and fix their compensation, and in cooperation with the Mississippi Academy of Science, prescribe rules, regulations, and policies governing the operation of the institution, qualifications of instructors and employees and for the admission of students, and for the direction of research programs.

HISTORY: Codes, 1942, § 6725-05; Laws, 1950, ch. 216, §§ 1-5.

Cross References —

Creation of Marine Research Laboratory, see §37-101-19.

Director of gulf coast research laboratory being member of Commission on Wildlife, Fisheries and Parks, see §49-15-11.

Marine Resources Council generally, see §§57-15-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The Board of Trustees of Institutions of Higher Learning may accept donations of real and personal property for the benefit of the institutions of higher learning over which it has control and supervision. Layzell, April 30, 1998, A.G. Op. #98-0230.

The Board of Trustees of Institutions of Higher Learning may expend public funds to construct facilities for the Gulf Coast Research Laboratory upon the Cedar Point property. Layzell, April 30, 1998, A.G. Op. #98-0230.

§ 37-101-23. Establishment of Mississippi Small Farm Development Center; offices and officers; functions generally.

  1. The Mississippi Small Farm Development Center, which shall be referred to in this section as the SFDC, is established under the management and control of the Board of Trustees of State Institutions of Higher Learning. The principal offices of the SFDC shall be located at Alcorn State University and shall be under the direction of the president of the university subject to the governance of the board of trustees. The president shall appoint a director of the SFDC who shall recommend to the president necessary professional and administrative staff of the center, all subject to the approval of the board of trustees.
  2. It shall be the function and duty of the SFDC to:
    1. Develop a system to deliver management and technical assistance to small farms utilizing the resources of local, state and federal government programs, various segments of the private sector, and universities and colleges throughout the state;
    2. Make management and technical assistance available to small farms by linking together with the above resources;
    3. Research and develop small farm opportunities for new or alternative crops;
    4. Develop a clearinghouse for the collection and dissemination of agricultural and economic data; and
    5. Assist small farms in developing more efficient marketing and distribution channels, including foreign trade marketing.

HISTORY: Laws, 1988, ch. 358, eff from and after July 1, 1988.

§ 37-101-25. Development by center of plan to foster certain small enterprises.

The Mississippi Small Farm Development Center shall develop a plan to foster and encourage the development in this state of small enterprises which process “cash crops,” timber, or food and fiber products produced in Mississippi. The plan shall include, but not be limited to:

Means to identify small entrepreneurs who are in the business of processing, or are interested in starting a business to process, “cash crops,” timber, or food and fiber products;

Means to encourage participation by such small entrepreneurs in available business management and technical assistance programs; and

Any appropriate financial assistance to assist such small entrepreneurs in financing their business, such as interest-free state loans similar to existing Department of Economic and Community Development programs administered out of the Emerging Crops Fund.

HISTORY: Laws, 1992, ch. 548 § 12, eff from and after passage (approved May 14, 1992).

§ 37-101-27. Creation of Ayers Endowment Trust.

  1. There is created within the Working Cash-Stabilization Reserve Fund in the State Treasury a trust to be known as the Ayers Endowment Trust, which shall be used as provided in this section. On July 1, 1997, Fifteen Million Dollars ($15,000,000.00) in the Working Cash-Stabilization Reserve Fund shall be set aside and placed in the Ayers Endowment Trust.
  2. The principal of the Ayers Endowment Trust shall remain inviolate within the Working Cash-Stabilization Reserve Fund, and shall be invested in the same manner as the remainder of the Working Cash-Stabilization Reserve Fund.
  3. The interest and income earned from the investment of the principal of the Ayers Endowment Trust shall be appropriated by the Legislature to the Board of Trustees of State Institutions of Higher Learning for the benefit of Jackson State University, Alcorn State University and Mississippi Valley State University, the historically black institutions of higher learning in Mississippi, with one-third (1/3) of the amount of the interest and income earned being allocated for the benefit of each of those universities. The money allotted for each university shall be used for continuing educational enhancement and racial diversity, including recruitment of white students and scholarships for white applicants.
  4. The creation of the Ayers Endowment Trust and the appropriation of the interest and income for the purposes specified in this section shall be to comply with the order of the United States District Court in the case of Ayers v. Fordice, 879 F. Supp. 1419 (N.D. Miss. 1995), with regard to Jackson State University and Alcorn State University, and to provide Mississippi Valley State University with an equal amount of funding for the same purposes as for the other historically black institutions of higher learning.
  5. If the United States District Court for the Northern District of Mississippi approves and directs the implementation of a settlement agreement in the case of Ayers v. Musgrove (Civil Action No. 4:75CV9-B-D, in the United States District Court for the Northern District of Mississippi), and if the agreement becomes final and effective according to its terms (including, but not limited to, the exhaustion of all rights of appeal) before the first day of the 2005 Regular Session of the Legislature, there shall be created in the State Treasury a fund to be known as the Ayers Settlement Fund. Monies deposited into the Ayers Settlement Fund under Section 27-103-203(2) shall be appropriated by the Legislature to the Board of Trustees of State Institutions of Higher Learning for the purpose of establishing a public endowment for the benefit of Jackson State University, Alcorn State University and Mississippi Valley State University in compliance with the settlement agreement.
  6. If the Ayers Settlement Fund is created under subsection (5) of this section, subsection (1) through (4) of this section shall be repealed when the Ayers Endowment Trust reaches Zero Dollars ($0.00) in accordance with Section 27-103-203(3).

HISTORY: Laws, 1997, ch. 583, § 1; Laws, 2001, ch. 520, § 1; Laws, 2002, ch. 443, § 1; Laws, 2003, ch. 329, § 1; Laws, 2004, ch. 435, § 1, eff from and after July 1, 2004.

Editor’s Notes —

The settlement agreement in the case of Ayers v. Musgrove was signed by all parties on March 29, 2001, approved by the District Court, and affirmed by the 5th Circuit Court of Appeals in Ayers v. Thompson, 358 F.3d 356 (5th Cir. 2004). The U.S. Supreme Court denied a writ of certiorari in October 2004.

Laws of 2001, ch. 520, was House Bill No. 1471, 2001 Regular Session, and originally passed both Houses of the Legislature on March 24, 2001. The Governor vetoed House Bill 1471 on March 30, 2001. The veto was overridden by the State Senate and by the State House of Representatives on March 30, 2001.

Laws of 2001, ch. 520, § 3, provides:

“SECTION 3. This act shall take effect and be in force from and after passage; however, if House Bill No. 776, 2001 Regular Session, becomes law, this act shall take effect and be in force from and after one (1) day after the date on which House Bill No. 776, 2001 Regular Session, becomes law.” House Bill No. 776 (ch. 518) became law on March 30, 2001.

Amendment Notes —

The 2001 amendment added (5) and (6).

The 2002 amendment substituted “2003 Regular Session of the Legislature” for “2002 Regular Session of the Legislature” in (5).

The 2003 amendment substituted “first day of the 2004 Regular Session” for “first day of the 2003 Regular Session” in (5).

The 2004 amendment substituted “2005 Regular Session” for “2004 Regular Session” near the end of the first sentence of (5).

Cross References —

Working Cash-Stabilization Reserve Fund, see §27-103-203.

Alcorn State University, see §§37-121-1 et seq.

Jackson State University, see §§37-125-1 et seq.

Mississippi Valley State University, see §§37-127-1 et seq.

§ 37-101-28. Repealed.

Repealed by Laws, 2011, ch. 511, § 4, effective from and after passage (approved April 26, 2011).

§37-101-28. [Laws, 2003, ch. 330, § 1, eff from July 1, 2003.]

Editor’s Notes —

Former §37-101-28 provided for articulation agreements on dual credit courses taken by high school students. For present similar provisions, see §37-15-38.

§ 37-101-29. Performance reports; teacher education programs; contents; compilation of reports.

Each institution of higher learning with a teacher education program approved by the State Board of Education shall prepare and submit to the State Board of Education and to the Board of Trustees of State Institutions of Higher Learning an annual performance report on the institution’s teacher education program. The report shall include the following information:

Teacher enrollment data;

Professional education faculty data;

Characteristics of students receiving initial licensure;

Number and percentage of program completers scoring at or above the proficiency level on the prescribed teacher education exit tests;

Satisfaction rate of employers and graduates;

Follow-up profiles of graduates of the teacher education program; and

Any other information required by the State Board of Education. Before requiring any other information, the State Board of Education shall conduct collaborative planning activities with the Mississippi Association of Colleges of Teacher Education and the Board of Trustees of State Institutions of Higher Learning.

The State Department of Education, in collaboration with the Mississippi Association of Colleges of Teacher Education and the Board of Trustees of State Institutions of Higher Learning, shall prepare a common form for the preparation and submission of the annual performance reports. The State Department of Education shall establish the date by which such reports must be submitted to the board. No later than sixty (60) days after the deadline date established for the submission of reports, the department shall submit a compilation of all annual performance reports received from the state institutions of higher learning to the Chairmen of the Education Committees of the House of Representatives and the Senate.

HISTORY: Laws, 1998, ch. 544, § 11, eff from and after passage (approved April 13, 1998).

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

§ 37-101-30. Retirement incentive program; legislative findings; definitions; monetary incentive; eligibility; rules and regulations.

  1. The Legislature finds and declares that a compelling state interest exists in providing a retirement incentive program or encouraging the retirement of those employees of institutions of higher learning who are current and active contributing members of the Public Employees’ Retirement System.
  2. As used in this section:
    1. “Board” means the Board of Trustees of State Institutions of Higher Learning.
    2. “Program” means the retirement incentive program established under this section.
    1. The board is authorized to pay, in fiscal years selected by the board, a monetary incentive to employees who are eligible for retirement in exchange for a voluntary agreement of the employee:
      1. To retire on a specific date as set forth in subsection (6) of this section, and
      2. To waive any and all claims, known or unknown, arising out of or related to employment or cessation of employment at institutions of higher learning.
    2. The granting of additional compensation shall be made in exchange for additional consideration given by the employee.
    3. The retirement incentive authorized by this section is a voluntary plan for institutions of higher learning faculty and staff offering an incentive for retirement. The plan shall be available to all full-time faculty and staff who meet the eligibility criteria set forth in subsection (4) of this section.
    1. To be eligible to participate in the program, full-time faculty and staff of institutions of higher learning must, as of the effective date of their retirement, be eligible to retire under the laws governing the Public Employees’ Retirement System by virtue of:
      1. Having twenty-five (25) years of creditable service, or
      2. Being age sixty (60) and having at least four (4) years of creditable service.
    2. The institution of higher learning offering the program shall, in all cases, utilize the records of the Public Employees’ Retirement System as the source for determining eligibility.
    3. The program is offered as an alternative to any other retirement incentive plan that may be offered by the state or the Public Employees’ Retirement System in the future.
  5. In accordance with applicable law, the institution of higher learning shall provide a cash benefit to each participant in the program based upon a percentage of the participant’s current salary that is subject to federal income tax, state income tax and Federal Insurance Contributions Act withholding. The participant shall be compensated for unused annual leave as otherwise provided by law. The cash benefit paid under this section shall not be subject to employer or employee contributions under the laws governing the Public Employees’ Retirement System.
  6. Eligible employees shall make their election to participate in the program in the manner and at the time prescribed by the board. The date of retirement for all employees participating in this program shall be June 30 of any fiscal year in which the program is offered. Employees electing to participate in the program shall agree to waive any claims, known or unknown, arising out of or related to employment or cessation of employment at institutions of higher learning. An employee may revoke the election to participate in the program within seven (7) days after the execution of the election.
  7. The additional compensation authorized under the program is made in exchange for additional consideration given by the employee.
  8. The board shall prescribe such rules and regulations as it shall consider necessary to carry out the purposes of this section.

HISTORY: Laws, 2002, ch. 627, § 1, eff from and after passage (approved Apr. 25, 2002.).

OPINIONS OF THE ATTORNEY GENERAL

The Board of Trustees of State Institutions of Higher Learning is authorized to adopt a retirement incentive program for employees of the Board offices and to make retirement incentive payments to employees of the Board offices pursuant to Section 37-101-30. Potter, May 14, 2003, A.G. Op. 03-0239.

Reserve Fund to Guarantee Payment of Student Loans

§ 37-101-31. Establishment by board.

In addition to the powers vested in the board of trustees of state institutions of higher learning by Section 213-A, Mississippi Constitution of 1890 and by this chapter, said board is hereby authorized to establish a reserve fund to receive funds from state, federal or private sources for the purpose of guaranteeing payment of loans obtained by college or university students from public or private lenders or banking institutions. The board is authorized and empowered to do and perform all the necessary and requisite acts and deeds necessary to carry out the provisions of this section.

HISTORY: Codes, 1942, § 6724.3; Laws, 1966, ch. 433, § 1; Laws, 1968, ch. 385, §§ 1, 2, eff from and after passage (approved February 27, 1968).

Construction of Housing and Dormitory Facilities by Private Financing

§ 37-101-41. Authority to lease land at certain institutions for construction, renovation, furnishing, maintaining and equipping of auxiliary facilities by private financing; lease terms; compliance with certain building code standards; maximum percentage of land to be leased; authority to enter into agreements in connection with operations of auxiliary facilities.

    1. Except as otherwise provided in paragraph (b) of this section, and subject to the provisions of Section 37-101-42, the Board of Trustees of State Institutions of Higher Learning (the “board”) is authorized and empowered to lease to private individuals or corporations for a term not exceeding thirty-five (35) years any land or land with existing auxiliary facilities at any of the following state-supported institutions: Mississippi State University of Agriculture and Applied Science, Jackson State University, Mississippi Valley State University, University of Mississippi, Alcorn State University, University of Southern Mississippi, Mississippi University for Women and Delta State University, for the purpose of erecting or renovating, furnishing, maintaining and equipping auxiliary facilities thereon for active faculty, staff and/or students. The auxiliary facilities shall be constructed or renovated, and may be furnished, maintained and equipped thereon by private financing, and may be leased back to the board for use by the concerned state-supported institution of higher learning. The lease shall contain a provision permitting the board to purchase the building located thereon, including any furnishings and equipment therein, for the sum of One Dollar ($1.00) after payment by the board of all sums of money due under said lease.
    2. The Board of Trustees of State Institutions of Higher Learning may grant authority to universities to lease to private individuals or corporations for a period not exceeding thirty-five (35) years, any land or land with existing auxiliary facilities at the university, for the purpose of erecting or renovating, furnishing, maintaining and equipping auxiliary facilities thereon for active faculty, staff and/or students. The auxiliary facilities shall be constructed or renovated, and may be furnished, maintained and equipped thereon by private financing, and may be leased back to the board for use by the university. The lease shall contain a provision permitting the board to purchase the auxiliary facilities located thereon, including any furnishings and equipment therein, for the sum of One Dollar ($1.00) after payment by the board of all sums of money due under the lease.
  2. Upon there being an agreement reached between the Board of Trustees of State Institutions of Higher Learning and a university upon whose land the auxiliary facility will be constructed or renovated and a private individual (s) or corporation (s) to enter into such lease agreement as described in subsection (1), it shall be stipulated in the agreement that all newly constructed or renovated auxiliary facilities shall be in compliance with the minimum building code standards employed by the state as required under Section 31-11-33.
  3. The board, in conjunction with the university, shall have sole discretion to decide the placement of new auxiliary facilities upon the university’s campus. However, the scope of any such construction or renovation by private entities shall be limited to two (2) leases entered into pursuant to this Section 37-101-41 per year for each university, and shall not exceed in the aggregate twenty-five percent (25%) of the university’s total main campus or satellite campus property under the original lease period. In addition, the scope of any such renovation by private entities shall be limited to one (1) project per fiscal year for each university.
  4. No contractual lease agreement for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities shall be entered into by a university without prior approval of the Board of Trustees of State Institutions of Higher Learning. An auxiliary facility is a facility that is described by the current Postsecondary Education Facilities Inventory and Classification Manual (FICM) as within categories 500/600/700/800/900.

    Before entering into contractual lease agreement s for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities, the Board of Trustees of State Institutions of Higher Learning shall establish rules and procedures to ensure adequate public advertisement of any requirement for the construction or renovation, furnishing, maintaining and equipping of privately financed auxiliary facilities at a university in order to promote full and open competition and which set forth the requirements for evaluation of offers and award of the contract lease agreement to the private entity.

  5. In addition to the above stated authority, the university, with the permission of the board, is authorized to enter into such marketing, support, management, operating, cooperating or other similar agreements as the university and board may deem advisable or prudent in connection with the ongoing operations of such auxiliary facilities for a period not to exceed the term of the lease relating to such auxiliary facilities.

HISTORY: Codes, 1942, § 6724.5; Laws, 1966, ch. 671, § 1; Laws, 1968, ch. 413, § 1; Laws, 1977, ch. 347; Laws, 2006, ch. 551, § 1; Laws, 2007, ch. 424, § 1; Laws, 2007, ch. 494, § 6; Laws, 2009, ch. 565, § 1, eff from and after passage (approved May 13, 2009.).

Joint Legislative Committee Note —

Section 1 of ch. 424, Laws of 2007, effective from and after July 1, 2007 (approved March 20, 2007), amended this section. Section 6 of ch. 494, Laws of 2007, effective July 1, 2007 (approved March 27, 2007), also amended this section. As set out above, this section reflects the language of Section 6 of ch. 494, Laws of 2007, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The 2006 amendment added (b); in (a), in the first sentence, added “Except as otherwise provided in paragraph (b) of this section” at the beginning, deleted “for a term not exceeding thirty-one (31) years” following “private individuals or corporations”, inserted “University of Mississippi” preceding “Alcorn State University”, and substituted “auxiliary” for “housing and dormitory”; and at the beginning of the second sentence, substituted “The auxiliary” for “Said housing.”

The first 2007 amendment (ch. 424) added (2) through (4) and redesignated former (a) and (b) as present (1)(a) and (1)(b); and inserted “for a term not exceeding thirty-one (31) years” in the first sentences of (1)(a) and (b).

The second 2007 amendment (ch. 494) added (2) through (4) and redesignated former (a) and (b) as present (1)(a) and (1)(b); inserted “for a term not exceeding thirty-one (31) years” in the first sentences of (1)(a) and (b); in (1)(a), inserted “and subject to the provisions of Section 37-101-42”; and made minor stylistic changes throughout.

The 2009 amendment rewrote the section to include with the authority for construction or renovation of auxiliary facilities on certain institutions the authority to furnish, maintain and equip those facilities.

Cross References —

State bidding procedures generally, see §31-7-13.

Exemption from taxation of leases, lease contracts, etc. of or with respect to property constituting all or part of auxiliary facility, and related real property, constructed or renovated pursuant to this section, see §27-31-1.

§ 37-101-42. Creation of advisory committee for lease of certain property to private developers; membership.

There is created an advisory committee to the Board of Trustees of State Institutions of Higher Learning for the lease of the property described in Sections 37-101-41, 37-101-43 and 37-101-44, which shall be composed of the following members:

The respective Chairmen of the Public Property Committees of the House of Representatives and the Senate;

The respective Chairmen of the Universities and Colleges Committees of the House of Representatives and the Senate;

One (1) member of the House of Representatives, to be appointed by the Speaker of the House; and

One (1) member of the Senate, to be appointed by the Lieutenant Governor.

Before selecting the private developer to which to lease the property described in Sections 37-101-41, 37-101-43 and 37-101-44, and while negotiating the terms of the lease with the private developer that has been selected, the Board of Trustees of State Institutions of Higher Learning shall consult with the advisory committee and consider any suggestions and recommendations made by the advisory committee regarding the lease of the property.

HISTORY: Laws, 2007, ch. 494, § 9, eff from and after July 1, 2007.

§ 37-101-43. Employment of architect; preparation of plans and specifications for facility; awarding of lease contract; exemptions.

Except as otherwise provided in Section 37-101-44, and subject to the provisions of Section 37-101-42, before entering into or awarding any such lease contract under the provisions of Section 37-101-41, the Board of Trustees of State Institutions of Higher Learning shall cause the interested state-supported institution upon which a facility is proposed to be constructed or renovated to select and submit three (3) architects to the board. Thereupon, the board shall approve and employ an architect, who shall be paid by the interested institution from any funds available to the interested institution. The architect, under the direction of the interested institution, shall prepare complete plans and specifications for the facility or facilities desired to be constructed or renovated on the leased property.

Upon completion of the plans and specifications and the approval thereof by the board, and before entering into any lease contract, the board shall cause to be published once a week for at least three (3) consecutive weeks and not less than twenty-one (21) days in at least one (1) newspaper having a general circulation in the county in which the interested institution is located and in one (1) newspaper with a general statewide circulation, a notice inviting bids or proposals for the leasing, construction or renovation, including the furnishing, maintaining and equipping, if applicable, and leasing back, if applicable, of the land and constructed or renovated facility, including any applicable furnishings or equipment, of the facility to be constructed or renovated in accordance with the plans and specifications. The notice shall distinctly state the thing to be done, and invite sealed proposals, to be filed with the board, to do the thing to be done. The notice shall contain the following specific provisions, together with such others as the board in its discretion deems appropriate, to wit: bids shall be accompanied by a bid security evidenced by a certified or cashier’s check or bid-bond payable to the board in a sum of not less than five percent (5%) of the gross construction cost of the facility to be constructed as estimated by the board and the bids shall contain proof satisfactory to the board of interim and permanent financing. The board shall state in the notice when construction shall commence. The bid shall contain the proposed contractor’s certificate of responsibility number and bidder’s license. In all cases, before the notice shall be published, the plans and specifications shall be filed with the board and also in the office of the president of the interested institution, there to remain.

The board shall award the lease contract to the lowest and best bidder, who will comply with the terms imposed by the contract documents. At the time of the awarding of the lease contract the successful bidder shall enter into bond with sufficient sureties, to be approved by the board, in such penalty as may be fixed by the board, but in no case to be less than the estimated gross construction or renovation cost of the facility to be constructed or renovated as estimated by the board, conditioned for the prompt, proper and efficient performance of the contract. The bond shall be made by an authorized corporate surety bonding company. The bid security herein provided for shall be forfeited if the successful bidder fails to enter into lease contract and commence construction or renovation within the time limitation set forth in the notice. At such time, and simultaneously with the signing of the contract, the successful bidder shall deposit a sum of money, in cash or certified or cashier’s check, not less than the bid security previously deposited as bid security to reimburse the interested institution for all sums expended by it for architectural services and other expenditures of the board and interested institution connected with the bidded lease contract, of which such other anticipated expenditures notice is to be given to bidder in the notice. The bid security posted by an unsuccessful bidder shall be refunded to him.

Under the authority granted under Section 37-101-44, the requirements of paragraph (a) of this section shall not apply to the Board of Trustees of State Institutions of Higher Learning ’s power to grant to universities the authority to contract with a single entity for privately financed design and construction or renovation, and if applicable, the furnishing, maintaining and equipping of facilities on university campuses, and if applicable, the furnishing, maintenance and equipping of facilities on university campuses.

HISTORY: Codes, 1942, § 6724.5-01; Laws, 1968, ch. 413, § 2; Laws, 2007, ch. 494, § 5; Laws, 2009, ch. 565, § 2, eff from and after passage (approved May 13, 2009.).

Amendment Notes —

The 2007 amendment added (b) and redesignated the former first three paragraphs as the present first three paragraphs of (a); substituted “Except as otherwise provided in Section 37-101-44, and subject to the provisions of Section 37-101-42, before entering” for “Prior to entering” at the beginning of (a); and made minor stylistic changes.

The 2009 amendment, in the first paragraph of (a), inserted “or renovated” in the first and last sentences, and inserted “or facilities” in the last sentence, in the second paragraph, rewrote the first sentence, and in the last paragraph, inserted “or renovation” and “or renovated” each time they appear; and rewrote (b).

Cross References —

Exception of Board of Trustees of State Institutions of Higher Learning from compliance with master lease purchase agreement regarding bids on equipment, etc., see §31-7-13.

§ 37-101-44. Authorization to contract with single entity for privately financed design and construction or renovation and maintaining, furnishing and equipping of facilities; administration of design-build delivery system.

  1. In lieu of exercising the authority set forth in Section 37-101-43 and before entering into or awarding any lease under Section 37-101-41, the Board of Trustees of State Institutions of Higher Learning, subject to the provisions of Section 37-101-42, may award contracts to a single entity for privately financed design and construction or renovation of facilities on university campuses, as well as for maintaining, furnishing and equipping of such facilities, if the entities receiving the contract or contracts and those entities to which work or services are subcontracted are duly licensed and qualified in the state to perform the contract or contracts. State General Fund appropriations or bonds backed by the state may not be used to finance the construction or maintenance of any such facility.
  2. The design-build delivery system described under subsection (1) of this section shall be administered pursuant to Section 31-7-13.1 and may be authorized only when the Board of Trustees of State Institutions of Higher Learning makes a determination, entered on its minutes, with specific findings for the project demonstrating how it is in the best interest of the public to enter into a design-build contract.

HISTORY: Laws, 2007, ch. 494, § 4; Laws, 2009, ch. 565, § 3, eff from and after passage (approved May 13, 2009.).

Amendment Notes —

The 2009 amendment, in the first sentence of (1), inserted “or renovation” and “as well as for maintaining, furnishing and equipping of such facilities.”

Cross References —

Dual-phase design-build method of construction contracting, see §31-7-13.1.

§ 37-101-45. Lessee’s rights and remedies.

Any holder of lease rights arising under the provisions of Section 37-101-41, either at law or in equity, by suit, action, or other proceeding, may protect and enforce any and all rights granted thereunder, or under the resolution pursuant to which such lease was signed, or under said lease, and may enforce and compel performance of all duties required by said section to be performed, in order to provide for the payment of the lease obligations set out in said lease.

HISTORY: Codes, 1942, § 6724.5-02; Laws, 1968, ch. 413, § 3, eff from and after passage (approved July 19, 1968).

§ 37-101-47. Leases deemed legal investments.

Any leases executed under the provisions of Section 37-101-41 shall be legal investments for trustees and other fiduciaries, and for banks, trust companies, and insurance companies authorized to do business in the State of Mississippi.

HISTORY: Codes, 1942, § 6724.5-03; Laws, 1968, ch. 413, § 4, eff from and after passage (approved July 19, 1968).

Educational Building Corporations

§ 37-101-61. Authorization and procedure for organization of nonprofit educational building corporations.

Whenever the board of trustees of state institutions of higher learning of the state of Mississippi shall by a proper resolution declare the necessity of the formation of nonprofit corporations for the purpose of acquiring or constructing facilities for institutions of higher learning under the jurisdiction and control of said board, any number of natural persons, not less than three (3), who are residents of the State of Mississippi, may file with the Secretary of State of this state and application in writing for authority to incorporate a public nonprofit corporation, known as an “educational building corporation.” If it shall be made to appear that each of said persons is a duly qualified resident of this state, then the persons filing such application shall be authorized, subject to the prior approval by said board of the form of the articles of incorporation and bylaws thereof, to proceed to form such corporation as provided by the general law of this state with respect to corporations organized not for profit except as hereinafter provided. The secretary of state, upon receipt of such application, shall forthwith issue a certificate of incorporation.

HISTORY: Codes, 1942, § 6724.5-11; Laws, 1968, ch. 271, § 1; Laws, 1984, ch. 391, § 1, eff from and after passage (approved April 18, 1984).

OPINIONS OF THE ATTORNEY GENERAL

Educational building corporations (EBCs), are alter egos of the Board of Trustees of State Institutions of Higher Learning and are subject to the purchasing laws of the state of Mississippi in contracting for the acquisition and construction of EBC projects. Mason, Jan. 5, 2004, A.G. Op. 03-0656.

§ 37-101-63. General powers of corporations.

Each corporation formed under the provisions of Section 37-101-61 shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: to have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of incorporation; to sue and be sued and to defend suits against it; to make use of a corporate seal and to alter it at pleasure; to acquire, whether by purchase, construction or gift, facilities for one or more institutions of higher learning and land therefor; to equip, maintain, enlarge or improve such facilities; to lease under such terms and conditions as its board of directors may deem advisable and as shall not conflict with the provisions of Sections 37-101-61 through 37-101-71 to the board of trustees of state institutions of higher learning or to such other entity as may be approved by such board subject to prior approval by said board of each issue of bonds; to issue its bonds for the purpose of defraying the cost of acquiring, constructing, maintaining, enlarging, improving or equipping any of such facilities or land in the manner provided in Section 37-101-65; to secure the payment of such bonds through the pledge of and lien on such revenues or other sources of income, including lease payments, entering into trust agreements, and the making of such covenants as are provided in Section 37-101-101; to refund bonds previously issued; to enter into contracts and agreements or do any act necessary for or incidental to the performance of its duties and the execution of its powers under Sections 37-101-61 through 37-101-71; to accept gifts from any source whatsoever; to appoint and employ such officers and agents, including attorneys, as its business may require; and to provide for such insurance as its board of directors may deem advisable.

HISTORY: Codes, 1942, § 6724.5-12; Laws, 1968, ch. 271, § 2; Laws, 1984, ch. 391, § 2, eff from and after passage (approved April 18, 1984).

OPINIONS OF THE ATTORNEY GENERAL

Bond proceeds may only be expended for the purposes set forth in this section and security for such indebtedness is likewise limited to the security authorized in this section. No public properties may be used to secure any indebtedness of educational building corporations. Mason, Jan. 5, 2004, A.G. Op. 03-0656.

§ 37-101-65. Issuance of bonds.

All bonds issued by an educational building corporation may be executed and delivered at any time and from time to time, may be in such form and denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding thirty (30) years from their date, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as may be provided by resolution of its board of directors. The bonds issued by any such corporation shall be signed by the chairman of its board of directors or other chief executive officer and attested by its secretary, and the seal of such corporation shall be affixed thereto. Any such bonds may be sold at public or private sale in such manner and from time to time as may be determined by the board of directors to be most advantageous, and the corporation may pay all expenses, premiums and commissions which its board of directors may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All such bonds shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.

HISTORY: Codes, 1942, § 6724.5-13; Laws, 1968, ch. 271, § 3; Laws, 1984, ch. 391, § 3, eff from and after passage (approved April 18, 1984).

§ 37-101-67. Liability on bonds.

All bonds issued by an educational building corporation shall be solely and exclusively obligations of the corporation and shall not create an obligation or debt of the State of Mississippi. The state shall not pledge its full faith or credit for the payment of any debt incurred or bonds issued by such corporation.

All such bonds shall not constitute a debt of the college or university for which the facilities are to be constructed.

HISTORY: Codes, 1942, §§ 6724.5-14, 6724.5-14; Laws, 1968, ch. 271, §§ 3, 4; Laws, 1984, ch. 391, § 4, eff from and after passage (approved April 18, 1984).

§ 37-101-69. Bonds as legal investments.

All bonds issued by an educational building corporation shall be lawful investments for trusts, insurance companies, savings companies, banks, and other financial institutions organized under the laws of this state.

HISTORY: Codes, 1942, § 6724.5-14; Laws, 1968, ch. 271, § 4, eff from and after passage (approved August 7, 1968).

§ 37-101-71. Lease of facilities by board of trustees; vesting of title to facilities upon retirement of bonds.

The board of trustees of state institutions of higher learning of the State of Mississippi is hereby authorized and empowered, in its discretion, to pass proper resolutions declaring the necessity of the formation of nonprofit educational building corporations, as set forth in Section 37-101-61, and to lease facilities from said corporations in the manner provided by law.

When the principal of and the interest on any bonds of an educational building corporation payable from the revenues derived from the operation of facilities owned by such corporation shall have been paid in full, then such facilities shall thereupon become the property of the board of trustees of state institutions of higher learning and title to the facilities shall thereupon immediately vest in the State of Mississippi.

HISTORY: Codes, 1942, §§ 6724.5-13, 6724.5-15; Laws, 1968, ch. 271, §§ 3, 5, eff from and after passage (approved August 7, 1968).

Institutions of Higher Learning Repair and Renovation Fund

§ 37-101-81. Institutions of Higher Learning Repair and Renovation Fund.

There is hereby created in the State Treasury a special fund to be designated as the “Institutions of Higher Learning Repair and Renovation Fund” which shall consist of monies appropriated or otherwise made available therefor by the Legislature. Interest earned on monies in the special fund shall be deposited to the credit of such fund and money shall not lapse at the end of the fiscal year into the State General Fund. Money in the special fund shall be appropriated by the Legislature and allocated by the Bureau of Building, Grounds and Real Property Management, Department of Finance and Administration, for the repair, renovation and improvement of existing facilities under the control of the state institutions of higher learning, including utility infrastructure projects; heating, ventilation and air conditioning systems; and the replacement of furniture and equipment. However, the cost of such repair, renovation and improvement for any one project shall not exceed One Million Dollars ($1,000,000.00). For the purposes of this section, the term “furniture and equipment” shall be limited to the types of furniture and equipment items previously recorded in the institution’s inventory.

HISTORY: Laws, 1999, ch. 334, § 1, eff from and after passage (approved Mar. 12, 1999.).

Cross References —

State Agency Repair and Renovation Fund, see §29-17-4.

Community College Repair and Renovation Fund, see §37-29-268.

Issuance of Bonds for Construction and Improvement of Facilities

§ 37-101-91. Authority of board of trustees to borrow money for construction, repair, etc., of facilities; bond issue authorization; interest rates on bonds.

The board of trustees of state institutions of higher learning is hereby authorized and empowered to contract with and borrow money from the United States of America, or any department, instrumentality, or agency thereof, as may be designated or created to make loans and grants, or from private lenders, at an overall rate of interest to maturity not to exceed that allowed in Section 75-17-103, for the purpose of acquiring land for, and erecting, repairing, remodeling, maintaining, adding to, extending, improving, equipping, or acquiring dormitories, dwellings, apartments, athletic stadium, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, parking facilities, cafeterias, dining halls, and/or other revenue producing facilities, to be located at or near the campuses of the University of Mississippi, Mississippi State University of Agriculture and Applied Science, Mississippi State College for Women, Alcorn A. & M. College, University of Southern Mississippi, Delta State College, Jackson State College, Mississippi Valley State College, and Gulf Coast Research Laboratory.

In agreements or commitments by or between the aforesaid board of trustees and private lenders and/or the U.S. Department of Housing and Urban Development to make loans or grants for the construction of dormitories in which bonds are to be issued under the provisions of Sections 37-101-91 through 37-101-103, and in which part or all of the principal and/or interest on said bonds is to be paid or guaranteed by the U. S. Department of Housing and Urban Development, said bonds shall bear a net interest rate not in excess of that allowed in Section 75-17-103.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 6724.5-11; Laws, 1968, ch. 271, § 1; Laws, 1983, ch. 453; Laws, 1984, ch. 506, § 2, eff from and after passage (approved May 15, 1984).

Editor’s Notes —

Section 37-117-1 changed the name of Mississippi State College for Women to Mississippi University for Women.

Section 37-121-1 changed the name of Alcorn Agricultural and Mechanical College to Alcorn State University.

Section 37-123-1 changed the name of Delta State College to Delta State University.

Section 37-125-1 changed the name of Jackson State College to Jackson State University.

Section 37-127-1 changed the name of Mississippi Valley State College to Mississippi Valley State University.

Cross References —

Bond issue for improving athletic stadium, see §37-119-7.

§ 37-101-93. Bond issue resolution; issuance, terms, sale, etc., of bonds.

Bonds issued for the purposes enumerated in Section 37-101-91 shall be authorized by resolution of the board of trustees of state institutions of higher learning. Said resolution shall positively show the said land, to be acquired, if any, and the said dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools and the like, to be erected, repaired, remodeled, maintained, added to, extended, improved, equipped or acquired, together with equipment therefor. A majority vote of all the members of said board of trustees shall be necessary to the passage of said resolution, and all votes on such resolutions shall be by yea and nay vote, duly recorded on the minutes of the proceedings of the board.

The bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding forty (40) years from the respective dates thereof, may mature in such amount of amounts, may bear interest at such rate or rates, not exceeding that allowed in Section 75-17-103, payable semiannually, may be in such forms, either coupon or registered, may carry such registration privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, and may be subject to such terms of redemption, with or without premium, as such resolution or other resolutions may provide. The bonds may be sold at a private sale, at not less than par and accrued interest, without advertising the same at competitive bidding. The bonds shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code.

Notwithstanding any other provision of law, in any resolution authorizing bonds hereunder, including refunding bonds, the board of trustees may provide for the initial issuance of one or more bonds (hereinafter sometimes collectively called “bond”), may make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and may provide for the making of any such bond registerable as to principal or as to both principal and interest and, where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. The board may further make provision in any such resolution for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of small denominations may in turn be either coupon bonds or bonds registerable as to principal or principal and interest.

HISTORY: Codes, 1942, § 6724.5-12; Laws, 1968, ch. 271, § 2; Laws, 1984, ch. 506, § 3, eff from and after passage (approved May 15, 1984).

Cross References —

Maximum rates of interest for bonds issued under provisions of §§37-101-91 through37-101-103, see §37-101-91.

§ 37-101-95. Refunding bonds.

Bonds issued for the purposes enumerated in Section 37-101-91 may be refunded, in whole or in part:

When any such bonds have by their terms become due and payable and there are not sufficient sums in the fund established for their payment to pay such bonds and the interest thereon;

When any such bonds are by their terms callable for payment and redemption in advance of their date of maturity and shall have been duly called for payment and redemption;

When any such bonds are voluntarily surrendered by the holder or holders thereof in exchange for refunding bonds; or

When, in connection with the issuance of any additional bonds under Sections 37-101-91 through 37-101-103 for the purpose of financing any additional authorized construction, the board of trustees of state institutions of higher learning shall determine to combine such new issue of bonds with any issue or issues of bonds of the same institution of higher learning of the State of Mississippi then outstanding for the purpose of unifying such indebtedness and utilizing the income and revenues derived from all projects or facilities operated at such institution to the payment of such indebtedness, and the board of trustees shall determine that such outstanding bonds are by their terms then callable for redemption or are obtainable by and through the voluntary surrender thereof by the holder or holders thereof.

For the purpose of refunding any bonds, including refunding bonds, the board of trustees may make and issue refunding bonds in such amount as may be necessary to pay off and redeem bonds to be refunded together with unpaid and past due interest thereon and any premium which may be due under the terms of such bonds, together also with the cost of issuing and refunding bonds, and may sell the same in like manner as provided in Section 37-101-97 for the initial issuance of bonds. With the proceeds of any such refunding bonds, the board shall pay off, redeem, and cancel such old bonds and coupons as may have matured or such bonds as may have been called for payment and redemption together with the past due interest and the premium, if any, due thereon; such bonds may be issued and delivered in exchange for a like par value amount of bonds to refund which the refunding bonds were issued. No refunding bonds issued hereunder shall be payable in more than forty (40) years from the date thereof or shall bear interest at a rate in excess of the rate of interest authorized in Section 75-17-103 for the bonds being refunded.

Such refunding bonds shall be payable from the same sources as were pledged to the payment of the bonds refunded thereby and, in the discretion of the board of trustees, may be payable from any other sources which may be pledged to the payment of revenue bonds issued under Sections 37-101-91 through 37-101-103. Bonds of two (2) or more issues of any institution of higher learning of the state of Mississippi may be refunded by a single issue of refunding bonds.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 6724.5-12; Laws, 1968, ch. 271, § 2; Laws, 1984, ch. 506, § 4, eff from and after passage (approved May 15, 1984).

Cross References —

Maximum rates of interest for bonds issued under provisions of §§37-101-91 through37-101-103, see §37-101-91.

Bond issue for improving athletic stadium, see §37-119-7.

§ 37-101-97. Sale of bonds; state liability on bonds.

All bonds sold under the provisions of Sections 37-101-91 through 37-101-103 shall be sold by the state bond commission. The state shall not pledge its full faith and credit to the payment of said bonds.

HISTORY: Codes, 1942, § 6725-11; Laws, 1946, ch. 384, § 1; Laws, 1948, ch. 281, § 1; Laws, 1952, ch. 279; Laws, 1958, ch. 296, § 1; Laws, 1968, ch. 414, § 1; Laws, 1969, Ex Sess, ch. 32, § 1; Laws, 1970, ch. 389, § 1, eff from and after passage (approved April 3, 1970).

Cross References —

Power of agricultural high school to borrow money for housing facilities, see §37-27-69.

Power of junior college to borrow money for housing facilities, see §37-29-121.

Maximum rates of interest for bonds issued under provisions of §§37-101-91 to37-101-103, see §37-101-91.

Bond issue for improving athletic stadium, see §37-119-7.

§ 37-101-99. Supervision of building projects [Effective until July 1, 2019].

The state building commission is hereby authorized to supervise the contracting for, and the erection of, all buildings erected as a result of the provisions of Sections 37-101-91 through 37-101-103.

HISTORY: Codes, 1942, § 6725-11; Laws, 1946, ch. 384, § 1; Laws, 1948, ch. 281, § 1; Laws, 1952, ch. 279; Laws, 1958, ch. 296, § 1; Laws, 1968, ch. 414, § 1; Laws, 1969, Ex Sess, ch. 32, § 1; Laws, 1970, ch. 389, § 1, eff from and after passage (approved April 3, 1970).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 31-11-1 provides that wherever the terms “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

Cross References —

Power of agricultural high school to borrow money for housing facilities, see §37-27-69.

Power of junior college to borrow money for housing facilities, see §37-29-121.

Maximum rates of interest for bonds issued under provisions of §§37-101-91 to37-101-103, see §37-101-91.

Bond issue for improving athletic stadium, see §37-119-7.

§ 37-101-99. Supervision of building projects [Effective July 1, 2019].

The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is hereby authorized to supervise the contracting for, and the erection of, all buildings erected as a result of the provisions of Sections 37-101-91 through 37-101-103 which the Board of Trustees of State Institutions of Higher Learning does not self-administer or allow a state institution of higher learning to administer.

HISTORY: Codes, 1942, § 6725-11; Laws, 1946, ch. 384, § 1; Laws, 1948, ch. 281, § 1; Laws, 1952, ch. 279; Laws, 1958, ch. 296, § 1; Laws, 1968, ch. 414, § 1; Laws, 1969, Ex Sess, ch. 32, § 1; Laws, 1970, ch. 389, § 1, eff from and after passage (approved April 3, 1970); Laws, 2019, ch. 465, § 4, eff from and after July 1, 2019.

§ 37-101-101. Powers of board as to payment of bonds.

The board of trustees of state institutions of higher learning in connection with the issuance of the bonds for the purposes enumerated in Section 37-101-91, or in order to secure the payment of such bonds and interest thereon, shall have power by resolutions:

To fix and maintain (1) fees, rentals, and other charges to be paid by students, faculty members and others using or being served by any dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities, erected, repaired, remodeled, maintained, added to, extended, improved, or acquired under the authority of Section 37-101-91; (2) fees, rentals and other charges to be paid by students, faculty members, and others using or being served by any other dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities at any institution which so issues bonds, which fees, rentals and other charges to be paid by students, faculty members, and others using or being served by such other dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities, shall be the same as those applicable to the dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities referred to in the preceding subdivision (1); however, in fixing such fees, rentals and other charges, there may be allowed reasonable differentials based on the condition, type, location and relative convenience of the dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities in question, but such differentials shall be uniform as to all such students or faculty members and others similarly accommodated;

To provide that bonds so issued shall be secured by a first, exclusive and closed lien on, and shall be payable from, all or any part of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members or others using or being served by any dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities operated at any such institution, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Section 37-101-91, or any other law, or otherwise, and not theretofore so pledged;

To pledge and assign to, or in trust for the benefit of the holder or holders of any bond or bonds, coupon or coupons so issued, an amount of the income and revenues derived from such fees, rentals and other charges to be paid by students, faculty members, or others using or being served by any dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities operated at any such institution, and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Section 37-101-91, or any other law, or otherwise, and not theretofore so pledged, which rentals, fees and charges imposed and pledged pursuant to the terms of this section shall be sufficient to pay when due the bonds so issued and interest thereon, to create and maintain a reasonable reserve therefor and to operate and maintain the project so constructed, and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

To covenant with or for the benefit of the holder or holders of any bond or bonds, coupon or coupons so issued to erect, repair, remodel, maintain, add to, extend, improve or acquire any dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities, that so long as any of said bonds or coupons shall remain outstanding and unpaid, such institution shall fix, maintain and collect, in such installments as may be agreed upon, an amount of fees, rentals or other charges from students, faculty members, and others using or being served by any dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities operated at any such institution and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Section 37-101-91, or any other law, or otherwise, which shall be sufficient to pay when due any bond or bonds, coupons or coupons so issued, and to create and maintain a reasonable reserve therefor, and to pay the cost of operation and maintenance of such dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities, including a sum sufficient to pay the cost of insuring such dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities against loss or damage by fire and windstorm or other calamities, in such sum as may be acceptable to the purchaser or purchasers of such bonds. The rentals, fees and other charges shall at all times be sufficient to maintain an adequate bond sinking fund to provide for the payment of interest on and principal of the bonds as and when they accrue and mature, to create a reasonable reserve therein and to pay the cost of operation and maintenance and insurance as herein provided and to create and at all times maintain an adequate reserve for contingencies and for major repairs and replacements;

To make and enforce and agree to make and enforce parietal rules that shall insure the use of any such dormitory, dwelling, apartment, athletic stadium, gymnasium, student union building, student service center, athletic field, swimming pool, or other project or facility by all students in attendance at such institution, and faculty members thereof, to the maximum extent to which such dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities are capable of serving same, so long as it does not interfere with any existing contract;

To covenant that as long as any of the bonds so issued shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined by the resolution issuing such bonds, (1) voluntarily create, or cause to be created, any debt, lien, pledge, assignment, encumbrance, or other charge having priority to or being on a parity with the lien of the bonds so issued upon any of the income and revenues derived from fees, rentals and other charges to be paid by students, faculty members and others using or being served by any dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities operated at any such institution and erected, repaired, remodeled, maintained, added to, extended, improved or acquired under Section 37-101-91, or any other law, or otherwise, or (2) convey or otherwise alienate any such dormitories, dwellings, apartments, athletic stadiums, gymnasiums, student union buildings, student service centers, athletic fields, swimming pools, or other projects or facilities, or the real estate upon which the same shall be located, except at a price sufficient to pay all the bonds then outstanding payable from the revenues derived therefrom and interest accrued on such bonds, and then only in accordance with any agreements with the holder or holders of such bonds, or (3) mortgage or otherwise voluntarily create, or cause to be created, any encumbrance on any such dormitory, dwelling, apartment, athletic stadium, gymnasium, student union building, student service center, athletic field, swimming pool, or other project or facility, or the real estate upon which it shall be located;

To covenant as to the proceedings by which the terms of any contract with a holder or holders of such bonds may be amended or rescinded, the amount or percentage of bonds the holder or holders of which must consent thereto and the manner in which such consent may be given;

To vest in a trustee or trustees the right to receive all or any part of the income and revenue and proceeds of insurance pledged and assigned to, or for the benefit of, the holder or holders of such bonds, and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to such bonds;

To authorize the chairman and the secretary of said board to execute and deliver, in the name of the institution for which such bonds are being issued, a trust agreement or agreements which may set forth the powers and duties of such trustee or trustees, and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of bonds of any specified amount or percentage of such bonds may exercise such right and enforce any and all such covenants and resort to any such remedies as may be appropriate; and

To vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such bonds, which receiver or receivers may have and be granted such powers and duties as are usually granted under the laws of the State of Mississippi to a receiver or receivers appointed in connection with the foreclosure of a mortgage made by a private corporation.

HISTORY: Codes, 1942, § 6725-13; Laws, 1946, ch. 384, § 3; Laws, 1952, ch. 280, § 2; Laws, 1958, ch. 296, § 3.

Cross References —

Maximum rates of interest for bonds issued under provisions of §§37-101-91 through37-101-103, see §37-101-91.

§ 37-101-103. Custody and disposition of funds; reports.

No moneys derived from the sale of bonds of any institution or otherwise borrowed or received by such institution under Sections 37-101-91 through 37-101-103, or from the fees, rentals, and charges received and collected for the use of any project constructed, repaired, remodeled, maintained, added to, extended, improved, or acquired under authority of said sections, shall be required to be paid into the state treasury, but shall, except as herein otherwise provided, be deposited by the treasurer or other fiscal officer of the institution in a separate bank account or accounts in such bank or banks or trust company or trust companies as may be designated by the board of trustees of state institutions of higher learning. All deposits of such moneys shall, if required by the board, be secured by obligations of the United States of America or of the State of Mississippi, of a market value equal at all times to the amount of the deposit, and all banks and all trust companies are hereby authorized to give such security. Such money may be disbursed as may be directed by the board and in accordance with the terms of any agreements with the holder or holders of any bonds. This section shall be construed as limiting the power of said board to agree in connection with issuance of any such bonds as to the custody and disposition of the moneys received from the sale of such bonds or the income and revenues pledged and assigned to or in trust for the benefit of the holder or holders thereof.

It is specifically provided, however, notwithstanding any other provision of this section, that when any project financed by the proceeds of revenue bonds issued hereunder shall be supervised by the state building commission and the said state building commission shall execute and enter into construction contracts with respect thereto, the board of trustees of state institutions of higher learning shall have the power and authority to pay into the state treasury in a special account for said project an amount from the proceeds of the sale of the bonds which shall be sufficient to pay all such construction contracts and all fees and expenses incidental thereto, including any amount, plus interest thereon, which may have been borrowed for interim financing of said project. The amount so paid into such special account shall be expended by the state building commission in the manner provided by law in payment of the amounts due under such construction contracts, and fees and expenses incidental thereto, and in repayment of money, if any, borrowed for interim financing, plus interest thereon. If, at the conclusion of the project, any sum should remain in said special account it shall be repaid to the institution entitled thereto to be handled in accordance with the terms of the agreement with the holder or holders of the bonds.

Notwithstanding any other provisions of this section, such reports as may be required by the state auditor of public accounts shall be made to him by the institutions of higher learning in the manner and at the times he may prescribe, so that his records may reflect full and complete information relative thereto.

HISTORY: Codes, 1942, § 6725-14; Laws, 1946, ch. 384, § 4; Laws, 1960, ch. 311; Laws, 1962, ch. 371, § 1, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

Cross References —

Public contracts for energy efficiency services, see §31-7-14.

Maximum rates of interest for bonds issued under provisions of §§37-101-91 through37-101-103, see §37-101-91.

Duty of board to study institutions within its jurisdiction and to coordinate extension programs, see §37-101-13.

Investments in United States Short-Term Bonds

§ 37-101-121. Authorization of investments.

The board of trustees of state institutions of higher learning is hereby authorized and empowered, in its discretion, and with the consent and approval of the state building commission, to invest any funds derived or made available for the purpose of constructing, erecting, repairing, remodeling or equipping dormitories and other housing facilities under projects approved and sanctioned by the Home and Housing Finance Agency of the United States of America, whether said funds be derived from the proceeds of bonds issued under the provisions of Sections 37-101-91 through 37-101-103, or from money borrowed for the interim financing of any such project, or from any other sources, in short-term bonds or other direct obligations of the United States of America. However, no such funds shall be so invested except the amount of such funds which is in excess of the sums which will be required for expenditure in financing the construction of said projects during the succeeding ninety days. In all cases, the bonds or other obligations in which such funds are invested shall mature or be redeemable prior to the time the funds so invested will be needed for expenditure in financing the construction of said projects.

The board of trustees of state institutions of higher learning, with the consent and approval of the state building commission, may, by order or resolution spread upon its minutes, authorize and empower any member or members of said board of trustees, or any officers or employees thereof, or any other person or persons, to make investments of such funds from time to time as they shall be available for investment under the provisions of this section. Any such member or members or officers or employees, or other person or persons, when so authorized by such order or resolution, shall have the power and authority to make such investments of such funds, to make purchases of such bonds or other obligations, to execute all necessary instruments in connection therewith, and to take such other action as may be necessary to effectuate the investment of such funds.

HISTORY: Codes, 1942, § 6725.3; Laws, 1958, ch. 302, §§ 1-5.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

§ 37-101-123. Sale and redemption.

When any such bonds or other direct obligations of the United States of America shall have been purchased with such excess funds as is provided for in Section 37-101-121, such bonds or other obligations may be sold or surrendered for redemption at any time by order or resolution adopted by the board of trustees of state institutions of higher learning, and approved by the state building commission. Any member or members thereof or any officers or employees thereof, or any other person or persons, when authorized by such order or resolution, shall have the power and authority to sell said bonds or other obligations or to surrender same for redemption and to execute all instruments and take such other action as may be necessary to effectuate the sale or redemption thereof. When such bonds or other obligations shall be sold or redeemed, the proceeds thereof, including the accrued interest thereon, shall be paid into the proper fund and shall in all respects be dealt with and expended for the purpose for which said funds were originally derived or made available.

HISTORY: Codes, 1942, § 6725.3; Laws, 1958, ch. 302, §§ 1-5.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

§ 37-101-125. Orders and resolutions of board of trustees.

Orders or resolutions of the board of trustees of state institutions of higher learning authorizing the investment of funds or the sale and redemption of bonds and other obligations purchased therewith under the provisions of Sections 37-101-121 and 37-101-123, may be in general terms and may confer continuing authority upon the person or persons authorized to act. It shall not be necessary that separate resolutions or orders be passed and adopted with reference to each transaction.

HISTORY: Codes, 1942, § 6725.3; Laws, 1958, ch. 302, §§ 1-5.

Sale of Timber; Mineral Leases

§ 37-101-141. Sale of timber on federally granted lands authorized.

The board of trustees of state institutions of higher learning is hereby authorized and empowered, in its discretion, to sell and dispose of the timber, trees, dead wood and stumps standing, growing and being upon the lands granted to the State of Mississippi for the use and benefit of the University of Mississippi by an act of congress of the United States approved June 20, 1894, and upon the lands granted to the State of Mississippi for the use and benefit of Mississippi State College for Women by an act of congress of the United States approved March 2, 1895, and upon the lands granted to the State of Mississippi for the use and benefit of Mississippi State University of Agriculture and Applied Science, and Alcorn Agricultural and Mechanical College by an act of congress of the United States approved February 20, 1895, whenever the sale or disposition of such timber shall be to the best advantage of the institutions named herein. Such timber shall be sold and disposed of under the direction and specifications of the state forestry commission in accordance with sound and efficient principles of forestry management and conservation.

HISTORY: Codes, 1942, § 6726-01; Laws, 1946, ch. 323, § 1.

Editor’s Notes —

Section 37-117-1 changed the name of Mississippi State College for Women to Mississippi University for Women.

Section 37-121-1 changed the name of Alcorn Agricultural and Mechanical College to Alcorn State University.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-101-143. Mineral leases of federally granted lands authorized.

The board of trustees of state institutions of higher learning is also authorized and empowered to lease those lands referred to in Section 37-101-141, or any part thereof, for oil, gas and mineral development, or for any other purpose, for such consideration, upon such terms and conditions as said board of trustees shall deem proper, and for the best advantage of the respective institutions. Any such oil, gas or mineral lease shall not be for a primary term of more than six years and so long thereafter as oil, gas or other minerals are produced from said lands. The royalties reserved in such lease or leases shall be not less than the following:

On oil, one-eighth part produced and saved from said land;

On gas, including casinghead gas, or other gaseous substances, produced from said land and sold or used off the premises, or for the extraction of gasoline or other products therefrom, the market value at the well of one-eighth of the gas so sold or used; and

On all other minerals mined and marketed, one-eighth part in kind or value at the well or mine except sulphur on which the royalty shall be two dollars ($2.00) per long ton.

HISTORY: Codes, 1942, § 6726-02; Laws, 1946, ch. 323, § 2.

Cross References —

Procedure for sale or lease of mineral or timber land, see §37-101-145.

§ 37-101-145. Procedure for sale or lease.

Before any timber, trees, dead wood, or stumps, standing, growing or being upon lands shall be sold from said lands as is authorized in Section 37-101-141, and before any lands shall be leased for oil, gas and mineral purposes, or other purposes as is authorized in Section 37-101-143, the board of trustees of state institutions of higher learning shall advertise its intention to do so by publication in a newspaper in the City of Jackson, and also in a newspaper published in each county where such lands are situated, such notice to be published once a week for three consecutive weeks preceding such sale or lease, and by posting one notice at the courthouse in the county or counties where the lands are situated. In any county having no paper published therein, the publication shall be placed in some paper having a general circulation in said county. Said board shall sell or lease at public auction, or by sealed bids, at the place designated in said notices, to the highest and best bidder for cash. The board shall have the right to reject any or all of such bids.

HISTORY: Codes, 1942, § 6726-03; Laws, 1946, ch. 323, § 3; Laws, 1948, ch. 495, § 1.

§ 37-101-147. Execution of conveyances and leases.

All leases and conveyances of timber, trees, dead wood and stumps, and all oil, gas and mineral leases, or leases for other purposes, provided for in Sections 37-101-141 and 37-101-143, shall be executed by the President of the Board of Trustees of State Institutions of Higher Learning, and attested by the Commissioner of Higher Education, respectively, for and on behalf of the University of Mississippi, Mississippi State College for Women, Mississippi State University of Agriculture and Applied Science and Alcorn Agricultural and Mechanical College, as the case may be. The corporate seal of the proper institution shall be affixed to all conveyances and leases of the lands held for the use and benefit of such institutions. In all such cases such conveyances and leases shall be executed only upon the order or resolution of the Board of Trustees of State Institutions of Higher Learning in the manner and method hereinbefore set forth.

HISTORY: Codes, 1942, § 6726-05; Laws, 1946, ch. 323, § 5; Laws, 1988, ch. 324, § 2, eff from and after July 1, 1988.

Editor’s Notes —

Section 37-117-1 changed the name of Mississippi State College for Women to Mississippi University for Women.

Section 37-121-1 changed the name of Alcorn Agricultural and Mechanical College to Alcorn State University.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Appointment and duties of commissioner of Higher Education, see §§37-101-7.

§ 37-101-149. Disposition of proceeds of sale or lease; reports.

The proceeds derived or received from all sales of timber, trees, dead wood, and stumps, and from all oil, gas and mineral leases, or leases for other purposes, provided for in Sections 37-101-141 and 37-101-143, including but not limited to rentals, bonuses, royalties, and delay rentals, shall be deposited in such special funds as the said board of trustees of state institutions of higher learning may designate for the use and benefit of the institution owning or having the use and benefit of the land from which such money was derived. Such money, after all expenditures for maintenance, operation, and improvements necessary for effective and scientific management of said resources shall have been deducted, shall be used and expended under the supervision of said board of trustees for the erection and construction of permanent improvements on the campuses of such institutions, or for the repair of permanent improvements existing on said campuses. It is the purpose of this section that the funds received from lands held for the use of each of the respective institutions shall be kept in a special fund for the use and benefit of the institution having the use and benefit of the land from which such funds were derived, and that such funds shall be expended only for the purposes hereinabove set forth.

Notwithstanding any other provisions of this section, such reports as may be required by the state auditor of public accounts shall be made to him by the institutions of higher learning in the manner and at the times he may prescribe, so that his records may reflect full and complete information relative thereto.

HISTORY: Codes, 1942, § 6726-04; Laws, 1946, ch. 323, § 4; Laws, 1952, ch. 205; Laws, 1962, ch. 371, § 2, eff from and after July 1, 1962.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 37-101-151. Continuation of trust funds.

All trust funds which have heretofore been established for the use and benefit of any of the institutions named in Section 37-101-141 out of the proceeds of the sales or leases of any of the land specified in Sections 37-101-141, 37-101-143, as provided either in Chapter 45, Laws of Extraordinary Session of 1898, Chapter 46, Laws of Extraordinary Session of 1898, or Chapter 117, Laws of 1896, shall remain a fund for the use of the institution to which it is credited. The interest thereon shall be paid to such institution by the state in accordance with and as provided in Section 212 of the Constitution of the State of Mississippi.

HISTORY: Codes, 1942, § 6726-06; Laws, 1946, ch. 323, § 6.

§ 37-101-153. Mineral leases of lands of institutions of higher learning authorized.

The board of trustees of state institutions of higher learning is hereby authorized and empowered in its discretion to lease any lands, or any part thereof, belonging to any of the institutions of higher learning, either of said institutions or other institutions under its control and supervision, for oil, gas and mineral development, upon such terms, conditions and considerations as said board of trustees shall deem proper and for the best interest of the institution or institutions. Any such oil, gas or mineral lease shall be for a primary term of not more than six years and so long thereafter as oil, gas or other mineral is produced from said land. The royalty reserved in such lease or leases shall not be less than the following:

On oil, one-eighth part produced and saved from said land;

On gas, including casinghead gas, or other gaseous substances, produced from said land and sold or used off the premises, or for the extraction of gasoline or other products therefrom the market value at the well of one-eighth of the gas so sold or used; and

On all other minerals mined and marketed, one-eighth part in kind or value at the well or mine except sulphur on which the royalty shall be two dollars ($2.00) per long ton.

HISTORY: Codes, 1942, § 6726.3; Laws, 1950, ch. 376, §§ 1-5.

Cross References —

Proceeds from leases of sixteenth section school lands or lieu lands located in area defined as coastal wetlands, see §29-7-14.

§ 37-101-155. Procedure for lease.

Before any of the land named in Section 37-101-153, shall be leased for oil, gas and mineral purposes, the board of trustees of state institutions of higher learning shall give notice of its intention by publishing a notice in some newspaper in the City of Jackson and also a newspaper published in the county or counties where such lands are situated, giving the time and place that said board will receive bids. Said notice shall be published once each week for three consecutive weeks. Said board at said time and place will receive sealed bids for such lease or leases, and will consider the highest and best bid that is the most advantageous to the institution or institutions. The board shall have the right to reject any or all such bids.

HISTORY: Codes, 1942, § 6726.3; Laws, 1950, ch. 376, §§ 1-5.

Cross References —

Authorization of mineral leases of federally granted lands, see §37-101-143.

§ 37-101-157. Execution of lease.

All oil, gas and mineral leases provided for in Section 37-101-153, shall be executed by the President of the Board of Trustees of State Institutions of Higher Learning and attested by the Commissioner of Higher Education, respectively, on behalf of the institution owning or having the use of such lands as the case may be. The corporate seal of the institution owning or having benefit of such land shall be affixed to all leases. In all such cases such leases shall be executed only upon order or resolution of the Board of Trustees of State Institutions of Higher Learning in the manner hereinbefore set forth.

HISTORY: Codes, 1942, § 6726.3; Laws, 1950, ch. 376, §§ 1-5; Laws, 1988, ch. 324, § 3, eff from and after July 1, 1988.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

Appointment and duties of Commissioner of Higher Education, see §37-101-7.

Authorization of mineral leases of federally granted lands, see §37-101-143.

§ 37-101-159. Disposition of proceeds of lease.

The consideration and proceeds derived or received from all oil, gas and mineral leases provided for in Section 37-101-153, including, but not limited to bonuses, rentals, royalties and delay rentals, shall be paid to the board of trustees of state institutions of higher learning for the use and benefit of the institution owning or having the use and benefit of the land from which said money was derived. All such money or funds shall be allocated to or used for the benefit of such institution or institutions.

HISTORY: Codes, 1942, § 6726.3; Laws, 1950, ch. 376, §§ 1-5.

Cross References —

Authorization of mineral leases of federally granted lands, see §37-101-143.

§ 37-101-161. Relationship of provisions with §§ 37-101-141 through 37-101-151.

Sections 37-101-153 through 37-101-161 shall not alter, modify, change or repeal Sections 37-101-141 through 37-101-151, providing for the sale of timber and leasing for oil, gas and mineral purposes certain lands therein referred to. Sections 37-101-153 through 37-101-161 provide a method for the leasing of lands belonging to the several institutions of higher learning and other institutions under the control and management of said board of trustees not authorized by Sections 37-101-141 through 37-101-151.

HISTORY: Codes, 1942, § 6726.3; Laws, 1950, ch. 376, §§ 1-5.

Cross References —

Authorization of mineral leases of federally granted lands, see §37-101-143.

Faculty and Other Employees

§ 37-101-181. Academic leaves for faculty members.

Any member of the faculties of Alcorn A & M College, Jackson State College, and Mississippi Valley State College shall be eligible for leave of absence to pursue advanced academic training so as to elevate the scholastic qualifications of the faculties of these above-mentioned colleges, in line with the requirements of the several accrediting agencies.

In order to provide for the above leaves the board of trustees of state institutions of higher learning shall have power to adopt rules and regulations regarding such leave. In no instance shall leave be granted unless there is a contract providing for continued service, after expiration of the leave, in the college where the faculty member is employed.

The board of trustees of state institutions of higher learning is hereby authorized to make payment of salary, or such part of salary as may be decided, of such faculty members who are under contract for academic leaves.

HISTORY: Codes, 1942, § 6724.6; Laws, 1958, ch. 314, §§ 1-4.

Editor’s Notes —

Section 37-121-1 changed the name of Alcorn Agricultural and Mechanical College to Alcorn State University.

Section 37-125-1 changed the name of Jackson State College to Jackson State University.

Section 37-127-1 changed the name of Mississippi Valley State College to Mississippi Valley State University.

§ 37-101-183. Sabbatical leaves for faculty members.

Any members of the faculty of the state institutions of higher learning of the State of Mississippi shall be eligible for sabbatical leaves, for the purpose of professional improvement, for not more than two semesters immediately following any twelve or more consecutive semesters of active service in the institutions of higher learning of this state where such faculty member is employed or for not more than one semester immediately following any six or more consecutive semesters of such service. Absence on sick leave shall not be deemed to interrupt the active service herein provided for.

Applications for sabbatical leave shall be made to the board of trustees of state institutions of higher learning, with the approval of the chancellor or the president of the institutions of higher learning. Approval or disapproval of the applications for sabbatical leave shall be made on the basis of regulations prescribed by the board of trustees of state institutions of higher learning.

Any person who is granted a sabbatical leave and who fails to comply with the provisions of such leave as approved by the state institution of higher learning may have his or her leave terminated by the board of trustees of state institutions of higher learning.

No person on sabbatical leave can be denied any regular increment of increase in salary because of absence on sabbatical leave.

Service on sabbatical leave shall count as active service for the purpose of retirement and contributions to the retirement fund shall be continued.

In order to provide for the above leaves the board of trustees of state institutions of higher learning shall have power to adopt rules and regulations regarding such leave. In no instance shall leave be granted unless there is a contract providing for continued service, after expiration of the leave, in the college where the faculty member is employed.

Every person on sabbatical leave shall enjoy all the rights and privileges pertaining to his or her employment in the institution of higher learning in which such person is employed, which such person would have enjoyed if in active service during such leave in the position from which such leave was taken.

Each person granted sabbatical leave may receive and be paid compensation up to the rate of fifty per cent of such person’s annual salary.

Compensation payable to persons on sabbatical leave shall be paid at the same time and in the same manner salaries of the other members of the faculty are paid.

HISTORY: Codes, 1942, § 6797.5; Laws, 1958, ch. 307, §§ 1-9.

§ 37-101-185. Employment of technical and professional assistance for supervision of work relating to physical facilities.

The board of trustees of state institutions of higher learning is hereby authorized to cooperate with the state building commission, in the discretion of both agencies, in the employment of technical and professional personnel for supervising the planning and constructing or repairs of physical plant facilities located on the campuses of the several institutions of higher learning. Upon determination by the state building commission as to the proportionate amount due from the board of trustees for salaries and other expenses of such employees, said board is authorized and empowered to pay over to the state building commission such sums from funds available to the board of trustees of state institutions of higher learning for such purposes.

HISTORY: Codes, 1942, § 6725.5; Laws, 1956, ch. 292, § 2.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

§§ 37-101-187 through 37-101-193. Repealed.

Repealed by Laws of 2009, ch. 404, § 1, eff from and after July 1, 2009.

§37-101-187. [Codes, 1942, § 6282-41; Laws, 1956, ch. 265, § 1.]

§37-101-189. [Codes, 1942, § 6282-42; Laws, 1956, ch. 265, § 2.]

§37-101-191. [Codes, 1942, § 6282-43; Laws, 1956, ch. 265, § 3.]

§37-101-193. [Codes, 1942, § 6282-44; Laws, 1956, ch. 265, § 4.]

Editor’s Notes —

Former §37-101-187 required instructors, professors or other teachers employed by institutions of higher learning or other educational institutions supported wholly or in part by public funds to file affidavits as to membership in certain organizations as a condition precedent to employment.

Former §37-101-189 provided the form of the affidavit.

Former §37-101-191 provided that contracts with instructors, professors or other teachers who had not filed affidavits were void.

Former §37-101-193 provided penalties for filing a false affidavit.

Out-of-State Graduate and Professional Studies

§ 37-101-221. Repealed.

Repealed by Laws of 2014, ch. 538, § 41, effective from and after July 1, 2014.

§37-101-221. [Codes, 1942, § 6726.5; Laws, 1948, ch. 282, § 1; Laws, 1962, ch. 372.]

Editor’s Notes —

Former §37-101-221 provided for instruction of Mississippi residents in graduate and professional schools outside state. For present similar provisions, see §37-106-65.

Commission on College Accreditation

§ 37-101-241. Commission on college accreditation.

  1. There is hereby created the Commission on College Accreditation. Said commission shall be composed of the Executive Director of the Mississippi Community College Board, the Commissioner of Higher Education, or their designees, and three (3) additional members, one (1) of whom shall be selected by the foregoing two (2) members and who shall represent the private colleges within the state, and two (2) of whom shall be selected by the Mississippi Association of Colleges. The latter three (3) members shall each serve for a term of three (3) years.
  2. The commission shall meet and organize by electing from among its membership a chairman, a vice chairman and a secretary. The commission shall keep full and complete minutes and records of all its proceedings and actions.
  3. The commission shall have the power and authority, and it shall be its duty, to prepare an approved list of community, junior and senior colleges and universities or other entities which offer one or more postsecondary academic degrees and are domiciled, incorporated or otherwise located in the State of Mississippi. Postsecondary academic degrees include, but are not limited to, associate, bachelor, masters and doctorate degrees. The commission shall adopt standards which are in keeping with the best educational practices in accreditation and receive reports from the institutions seeking to be placed on the approved list.
  4. The above-described community, junior and senior colleges and universities or other entities must be approved annually by the commission in order to grant diplomas of graduation, degrees or offer instruction.
  5. The commission shall petition the chancery court of the county in which a person or agent offers one or more postsecondary academic degrees subject to the provisions of this chapter or advertises for the offering of such degrees without having first obtained approval by the commission, for an order enjoining such offering or advertising. The court may grant such injunctive relief upon a showing that the respondent named in the petition is offering or advertising one or more postsecondary academic degrees without having obtained prior approval of the commission. The Attorney General or the district attorney of the district, including the county in which such action is brought, shall, upon request of the commission, represent the commission in bringing any such action.
  6. The provisions of subsection (5) shall not apply to community, junior and senior colleges and universities with the main campus in Mississippi that were chartered, authorized or approved by the commission prior to July 1, 1988.
  7. The provisions of this section shall not apply to the proprietary schools and colleges subject to regulation under Section 75-60-1 et seq.
  8. The Commission on College Accreditation may promulgate rules and regulations and establish appropriate fees for the implementation of this section.
  9. The commission shall have the power and authority, and it shall be its duty, to execute site visits when deemed necessary by the commission. The members of the commission and commission-appointed evaluation teams shall receive reasonable traveling expenses and other authorized expenses incurred in the performance of commission duties, together with other expenses of the operation of the commission. The members of the Commission on College Accreditation shall serve without salary compensation but shall receive a per diem and mileage as authorized by law including time of going to and returning from site visits of said commission, together with actual travel and hotel expenses incident to the site visits of the commission, and in the discharge of duties prescribed by the commission.

HISTORY: Codes, 1942, § 6791.5; Laws, 1950, ch. 368, §§ 1-4; Laws, 1964, ch. 414; Laws, 1988, ch. 324, § 4; Laws, 2006, ch. 483, § 1; Laws, 2009, ch. 409, § 1; Laws, 2012, ch. 311, § 1; Laws, 2014, ch. 397, § 42, eff from and after July 1, 2014.

Amendment Notes —

The 2006 amendment rewrote the section.

The 2009 amendment in (1), substituted “three (3)” for “two (2)” preceding “additional members” and “two (2)” for “one (1)” following “colleges within the state, and” in the first sentence, and substituted “three (3)” for “two (2)” following “The latter” in the last sentence; and added (7) and (8).

The 2012 amendment rewrote (6); added (7) and renumbered remaining subsections accordingly.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (1).

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

Appointment and duties of Commissioner of Higher Education, see §37-101-7.

Exemption, from Chapter 60 of Title 75 governing proprietary schools and colleges, of private colleges and universities accredited by Mississippi Commission on College Accreditation, see §75-60-5.

OPINIONS OF THE ATTORNEY GENERAL

Because its predecessor in name was grandfathered by legislative action from having to comply with a statute requiring approval from the Mississippi Commission on College Accreditation to give degrees and certificates, a college may grant diplomas of graduation or degrees as though approved by the Commission. Cook, June 26, 1992, A.G. Op. #92-0460.

RESEARCH REFERENCES

ALR.

Liability of private school or educational institution for breach of contract arising from provision or deficient educational instruction. 46 A.L.R.5th 581.

JUDICIAL DECISIONS

1. In general.

Requirement that each candidate for admission to state university furnish certificates of alumni denies equal protection of the laws to Negro candidates. Meredith v. Fair, 298 F.2d 696, 1962 U.S. App. LEXIS 6212 (5th Cir. Miss. 1962).

§ 37-101-243. Commission authorized to enter into interstate reciprocity agreements that allow approved institutions to offer postsecondary distance education.

  1. For the purposes of this section, these words are defined as follows:
    1. “Commission” means the Commission on College Accreditation created under Section 37-101-241; and
    2. “Institution” means and includes institutions of higher learning approved under Section 37-101-241 and proprietary schools and other entities subject to regulation under Section 75-60-1 et seq.
  2. The commission may enter into and administer interstate reciprocity agreements that allow institutions to offer postsecondary distance education. The commission is further authorized to carry out the following duties as related to interstate reciprocity agreements:
    1. Approve or disapprove participation in these agreements by institutions;
    2. Establish fees to be paid by participating institutions to cover the commission’s direct and indirect administrative costs;
    3. Serve as the state point of contact for questions, complaints and other communications;
    4. Enter into agreements with other state agencies regarding state responsibilities; and
    5. Form committees to assist in establishing policies and procedures.
  3. The commission shall not:
    1. Require institutions to participate in interstate reciprocity agreements; or
    2. Prohibit institutions that do not participate in these agreements from offering postsecondary distance education.

HISTORY: Laws, 2015, ch. 399, § 1, eff from and after July 1, 2015.

Sale of Tickets to Athletic Contests [Repealed]

§ 37-101-261. Repealed.

Repealed by Laws, 1990, ch. 342, § 2, eff from and after July 1, 1990.

[Codes, 1942, § 6800.3; Laws, 1948, ch. 370, §§ 1-4]

Editor’s Notes —

Former §37-101-261 restricted sale of tickets to athletic events. For current provisions, see §97-23-97.

Scholarships and Loans

§ 37-101-279. Suits against parties defaulting on educational loans or scholarships.

  1. If a borrower defaults on an educational loan or scholarship, the Attorney General of the State of Mississippi shall bring suit against the defaulting party as soon as practicable.
  2. A suit against a defaulting party under this section may be brought in the county in which the defaulting person resides, in which the lender is located, or in any Hinds County court.

HISTORY: Laws, 1987, ch. 337, eff from and after passage (approved March 17, 1987).

RESEARCH REFERENCES

ALR.

Construction and application of agreement by medical or social work student to work in particular position or at particular location in exchange for financial aid in meeting costs of education. 83 A.L.R.3d 1273.

Bankruptcy discharge of student loan on ground of undue hardship under § 523(a)(8)(B) of Bankruptcy Code of 1978 (11 USCS § 523(a)(8)(B)). 63 A.L.R. Fed. 570.

Rights and obligations of Federal Government, under 20 USCS § 1080, when student borrower defaults on federally insured loan. 73 A.L.R. Fed. 303.

§ 37-101-281. Repealed.

Repealed by Laws, 1991, ch 547, § 15, eff from and after July 1, 1991.

[Laws, 1982, Ex Sess, ch. 17, § 29; Laws, 1985, ch. 491; Laws, 1987, ch. 457; Laws, 1988, ch. 334; Laws, 1989, ch. 557, § 1, eff from and after July 1, 1989].

Editor’s Notes —

Former §37-101-281 related to scholarship and loan programs for teacher training. For current provisions concerning incentive loans for teachers, and the William F. Winter Teacher Scholar Loan Program, see §37-143-11 [repealed].

Laws of 1991, ch. 547, § 18, effective July 1, 1991, provides as follows:

“SECTION 18. The Board of Trustees of State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

§ 37-101-283. Compliance with federal selective service law as condition to loan and scholarship eligibility.

Each male applicant for any scholarship or loan funded in whole or in part by this state, whether granted by the board of trustees of state institutions of higher learning, the post-secondary education financial assistance board, or otherwise granted by any state-supported college or university, and whether to be used at a state-supported institution of higher learning or at a private institution, shall within six (6) months after he attains the age of eighteen (18) years submit to the person, commission, board or agency in which his application for scholarship or loan is or has been made satisfactory evidence of his compliance with the draft registration requirements of the military selective service act. Such evidence shall consist of a signed affirmation under penalty of perjury from the scholarship or loan applicant that he has complied with the requirements of the federal selective service act. If an applicant for or holder of any such scholarship or loan fails to submit a copy of his draft registration acknowledgment letter in the manner and within the time allowed therefor, any pending application of such person for the award, grant or renewal of any such scholarship or loan shall be denied, and any such scholarship or loan currently held by such person shall be revoked to the extent that no further payments under that scholarship or loan may be made to him or on his behalf. The person, commission, board or agency to which an application for the award, grant or renewal of such scholarship or loan is made, or by or through which any such scholarship or loan is administered or issued shall notify the applicant or holder and the chief executive officer of any institution at which a holder of a scholarship or loan so revoked is enrolled of its action, and upon request of the scholarship or loan applicant or holder shall afford him the opportunity, either in person, in writing or by counsel of his choice to present evidence against such action.

HISTORY: Laws, 1984, ch 389; Laws, 1984, 1st Ex Sess, ch. 24, eff from and after July 1, 1984.

Cross References —

Authority of the Attorney General to prepay court costs in civil actions for the recovery of delinquent sums owed to the Mississippi Guaranteed Student Loan Program, see §7-5-66.

Enforceability of written loan obligation of minor student, see §37-49-5.

Post-secondary financial assistance, see §§37-106-1 et seq.

Federal Aspects—

Military Selective Service Act, see 50 USCS §§ 3801 et seq.

RESEARCH REFERENCES

Am. Jur.

53 Am. Jur. 2d, Military and Civil Defense §§ 64 et seq.

§ 37-101-285. Definitions applicable to § 37-101-291.

For the purposes of Section 37-101-291, the following terms shall have the following meanings unless context shall prescribe otherwise:

  1. “State health institution” or “state health institutions” means all facilities operated within the Department of Mental Health, mental health/intellectual disability facilities under the administration of a regional commission as established under Section 41-19-31, that are certified by the Department of Mental Health, University of Mississippi Hospital, the State Board of Health, health care facilities operated by the Department of Corrections, and any other public health care facility.
  2. “Health care professions” means nurses, nurse practitioners, speech pathologists, psychologists, occupational therapists, physical therapists, and any other critical need profession determined by the sponsoring state health institution.

HISTORY: Laws, 1989, ch. 549, § 1; Laws, 1992, ch. 336, § 21; Laws, 2003, ch. 446, § 1; Laws, 2010, ch. 476, § 15, eff from and after passage (approved Apr. 1, 2010.).

Amendment Notes —

The 2003 amendment substituted “Section 37-101-291” for “Sections 37-101-287 through 37-101-291” in the introductory language; rewrote (1); and added language beginning “and any other critical need” at the end of (2).

The 2010 amendment substituted “mental health/intellectual disability facilities” for “mental health/mental retardation facilities” in (1).

§ 37-101-287. Repealed.

Repealed by Laws, 1991, ch. 547, § 17, eff from and after July 1, 1991.

[Laws, 1989, ch. 549, § 2, eff from and after July 1, 1989].

Editor’s Notes —

Former §37-101-287 related to loans for study of certain health care professions. For current provisions concerning health care professionals’ loan program, see §37-143-13 [repealed].

Laws of 1991, ch. 547, § 18, effective July 1, 1991, provides as follows:

“SECTION 18. The Board of Trustees of State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

§ 37-101-289. Repealed.

Repealed by Laws, 1991, ch. 547, § 13, eff from and after July 1, 1991.

[Laws, 1989, ch. 549, § 3, eff from and after July 1, 1989].

Editor’s Notes —

Former §37-101-289 related to revolving loan fund for study of ceratin health care professions. For current provisions pertaining to health care professions’ loan program, see §37-143-13 [repealed] .

Laws of 1991, ch. 547, § 18, effective July 1, 1991, provides as follows:

“SECTION 18. The Board of Trustees of State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

§ 37-101-291. Program for paid educational leave for study of certain health care professions.

  1. In order to help alleviate the problem of the shortage of health care professionals at the state health institutions, there is established a program of paid educational leave for the study of such health care professions as defined in Section 37-101-285 and licensed practical nursing by any employee who works at a state health institution and who declares an intention to work in such respective health care occupation in the same state health institution in which the employee was working when granted educational leave, for a minimum period of time after graduation.
  2. The paid educational leave program shall be administered by the respective state health institutions.
    1. Within the limits of the funds available to a state health institution for such purpose, the institution may grant paid educational leave to those applicants deemed qualified therefor, upon such terms and conditions as it may impose and as provided for in this section.
    2. In order to be eligible for paid educational leave, an applicant must:
      1. Be working at a state health institution at the time of application;
      2. Attend any college or school approved and designated by the state health institution; and
      3. Agree to work in a health care profession as defined in Section 37-101-285 or as a licensed practical nurse in the same state health institution for a period of time equivalent to the period of time for which the applicant receives paid educational leave compensation, calculated to the nearest whole month, but in no event less than two (2) years.
      1. Before being granted paid educational leave, each applicant shall enter into a contract with the state health institution, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the paid educational leave shall be granted to him. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The form of such contract shall be prepared and approved by the Attorney General of this state, and shall be signed by the executive director of the respective state health institution and the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.
      2. The state health institution shall have the authority to cancel any contract made between it and any recipient for paid educational leave upon such cause being deemed sufficient by the executive director of such institution.
      3. The state health institution is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be filed and handled by the Attorney General of the state. The state health institution may contract with a collection agency or banking institution, subject to approval by the Attorney General, for collection of any balance due the state from any recipient. The State of Mississippi, agencies of the state and the state health institution and its employees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The state health institution, collection agency and banking institution may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes the state, subject to approval by the facility director of the sponsoring facility within the state health institution.
      4. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section.
      5. A finding by the sponsoring agency of a default by the recipient shall be a finding of unprofessional conduct and therefore, a basis for the revocation of the professional license which was obtained through the educational leave program. The finding also will be grounds for revocation of any license, as defined by Section 93-11-153.
      6. Notice of pending default status shall be mailed to the recipient at the last known address by the sponsoring agency.
      7. The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.
      8. Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient’s behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.
      9. If a recipient is found to be in default, a copy of an Order of Default shall be forwarded to the appropriate licensing agency.
      10. Appeals from a finding of default by the sponsoring agency shall be to the Circuit Court of Hinds County. Actions taken by a licensing entity in revoking a license when required by this section are not actions from which an appeal may be taken under the general licensing and disciplinary provisions applicable to the licensing agency.
      11. Rules and regulations governing hearing and other applicable matters shall be promulgated by the sponsoring agency.
      12. A license which has been revoked pursuant to this statute shall be reinstated upon a showing of proof that the recipient is no longer in default.
      13. A finding by the sponsoring facility of educational leave default is a disciplinary action, not a collection action, and therefore shall not be affected by the recipient declaring bankruptcy.
    1. Any recipient who is granted paid educational leave by a state health institution shall be compensated by the institution during the time the recipient is in school, at the rate of pay received by a nurse’s aide employed at the respective state health institution. All educational leave compensation received by the recipient while in school shall be considered earned conditioned upon the fulfillment of the terms and obligations of the educational leave contract and this section. However, no recipient of full-time educational leave shall accrue personal or major medical leave while the recipient is on paid educational leave. Recipients of paid educational leave shall be responsible for their individual costs of tuition and books.
    2. Paid educational leave shall be granted only upon the following conditions:
      1. The recipient shall fulfill his or her obligation under the contract with the State of Mississippi by working as a professional in a health care profession defined in Section 37-101-285 or as a licensed practical nurse in a state health institution; a recipient sponsored by a health institution under the supervision of the Mississippi Department of Mental Health may fulfill his or her obligation under the contract with the State of Mississippi at another health institution under the supervision of the Mississippi Department of Mental Health with prior written approval of the Director of the Department of Mental Health institution with which he or she originally contracted for educational leave. The total compensation that the recipient was paid while on educational leave shall be considered as unconditionally earned on an annual pro rata basis for each year of service rendered under the educational leave contract as a health care professional in his respective state health institution.
      2. If the recipient does not work as a professional in a health care profession as defined in Section 37-101-285 or as a licensed practical nurse in his respective state health institution for the period required under subsection (3) (b) (iii) of this section, the recipient shall be liable for repayment on demand of the remaining portion of the compensation that the recipient was paid while on paid educational leave which has not been unconditionally earned, with interest accruing at ten percent (10%) per annum from the recipient’s date of graduation or the date that the recipient last worked at that state health institution, whichever is the later date. In addition, there shall be included in any contract for paid educational leave a provision for liquidated damages equal to Five Thousand Dollars ($5,000.00) which may be reduced on a pro rata basis for each year served under such contract.
      3. If any recipient fails or withdraws from school at any time before completing his or her health care training, the recipient shall be liable for repayment on demand of the amount of the total compensation that the recipient was paid while on paid educational leave, with interest accruing at ten percent (10%) per annum from the date the recipient failed or withdrew from school. However, the recipient shall not be liable for liquidated damages, and if the recipient returns to work in the same position held in the same state health institution prior to accepting educational leave, the recipient shall not be liable for payment of any interest on the amount owed.
      4. The issuance and renewal of the professional license required to work in a health care profession as defined in Section 37-101-285 for which the educational leave was granted shall be contingent upon the repayment of the total compensation that the recipient received while on paid educational leave. No license shall be granted until a contract for repayment is executed. No license shall be renewed without proof of an existing contract which is not in default. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section. Any person who receives any amount of paid educational leave compensation while in school and subsequently receives a professional license shall be deemed to have earned the professional license through paid educational leave.
      5. The obligations of educational leave recipients under contracts entered into before July 1, 2002, shall remain unchanged. However, state health institutions may use the collection or license revocation provisions of this section to collect money owed under all educational leave contracts, regardless of when those contracts were executed.

HISTORY: Laws, 1989, ch. 549, § 4; Laws, 1993, ch. 437, § 1; Laws, 1994, ch. 428, § 1; Laws, 1996, ch. 333, § 1; Laws, 1998, ch. 444, § 1; Laws, 2002, ch. 619, § 1; Laws, 2003, ch. 446, § 2, eff from and after July 1, 2003.

Amendment Notes —

The 2002 amendment, in (1), substituted “37-101-285” for “37-101-287” and made minor stylistic changes; and rewrote (3)(b)(iii), (3)(c)(iii), (3)(c)(v) and (4).

The 2003 amendment added (3)(c)(xiii).

§ 37-101-292. Stipend program for contractual services employees to pursue undergraduate or graduate degree in civil engineering.

  1. Within the limits of the funds available to the Mississippi Transportation Commission for such purpose, the Executive Director of the Mississippi Department of Transportation may pay a stipend to contractual services employees for educational expenses such as tuition, books and related fees to pursue junior or senior undergraduate level year coursework toward a bachelor’s degree in civil engineering or graduate level coursework toward a master’s degree in civil engineering to those applicants deemed qualified. It is the intent of the Legislature that such an educational program shall be used as a method of encouraging recruitment of well-qualified civil engineers for employment with the Mississippi Department of Transportation.
    1. In order to be eligible for this program an undergraduate participant must:
      1. Have successfully obtained a minimum of fifty-eight (58) semester hours toward a bachelor of science in civil engineering from a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
      2. Have achieved a minimum grade point average of 2.75 on a 4.0 scale on the previously obtained semester hours toward a bachelor of science in civil engineering; and
      3. Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives a stipend for educational expenses calculated to the nearest whole month.
    2. In order to be eligible for this program a graduate participant must:
      1. Have obtained a bachelor of science in civil engineering from a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
      2. Have met the regular admission standards and been accepted into a master of science in civil engineering program at a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
      3. Have submitted a proposed graduate program thesis project for review by the Department of Transportation; and
      4. Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives a stipend for educational expenses calculated to the nearest whole month.
    1. Each participant shall enter into a contract with the Mississippi Transportation Commission, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the stipend shall be granted to him. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The form of such contract shall be prepared and approved by the Attorney General of this state, and shall be signed by the Executive Director of the Mississippi Department of Transportation and the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.
    2. The Mississippi Transportation Commission may cancel any contract made between it and any participant upon such cause being deemed sufficient by the executive director.
    3. The Mississippi Transportation Commission is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be filed and handled by the Attorney General of the state. The Mississippi Transportation Commission may contract with a collection agency or banking institution, subject to approval by the Attorney General, for collection of any balance due the state from any recipient. The State of Mississippi, the Mississippi Transportation Commission and the Mississippi Department of Transportation and its employees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The Mississippi Transportation Commission may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes the state, if necessary or advisable.
    4. Notice of pending default status shall be mailed to the recipient at the last known address prior to commencing a lawsuit.
    5. The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.
    6. Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient’s behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.
    7. Appeals from a finding of default by the sponsoring agency shall be to the Circuit Court of Hinds County.
    8. Rules and regulations governing this program and other applicable matters may be promulgated by the sponsoring agency.

HISTORY: Laws, 2002, ch. 619, § 2; Laws, 2013, ch. 402, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment rewrote the section.

§ 37-101-293. Program for paid educational leave to pursue undergraduate or graduate level education.

  1. Within the limits of the funds available to any state agency for such purpose, the administrative head of such state agency may grant paid educational leave on a part-time or full-time basis and reimburse employees for educational expenses such as tuition, books and related fees to pursue undergraduate or graduate level education to those applicants deemed qualified.

    It is the intent of the Legislature that such educational leave program shall be used as an incentive for employees to develop job-related skills and to develop employees for higher-level professional and management positions.

  2. In order to be eligible for paid educational leave, reimbursement for educational expenses or both, an applicant must:
    1. Be working at a state agency for at least three (3) years at the time of application or be working at a state agency at the time of application for part-time graduate level education in a particular profession deemed by the administrative head of the state agency to meet a critical need within the state agency;
    2. Attend any college or school located in the State of Mississippi and approved by the administrative head of such agency, unless such course of study is not available at a Mississippi college or school, in which case the applicant may attend an out-of-state college or school;
    3. Agree to work as an employee in the same state agency for at least three (3) full years after completion of the course of study or, in the case of employees on educational leave on a part-time basis or receiving reimbursement for educational expenses only, to work for a time prorated based upon the total amount of expenses, including leave, paid for by the agency.
    1. Before being granted paid educational leave, or being approved for reimbursement of educational expense or both, each applicant shall enter into a contract with the state agency, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the paid educational leave will be granted to him. The contract shall include such terms and provisions necessary to implement the purpose and intent of this section. The form of such contract shall be prepared by the Attorney General of this state and approved by the State Personnel Board, and shall be signed by the administrative head of the state agency and signed by the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.
    2. Educational expenses for tuition, books and associated fees shall be reimbursed to the employee only after the employee has submitted documentation that the approved course has been successfully completed.
    3. If the recipient does not work as an employee in that state agency for the period of employment specified in the contract, the recipient shall be liable for repayment on demand of the remaining portion of the compensation that he or she was paid while on paid educational leave and educational expenses paid, with interest accruing at ten percent (10%) per annum from the recipient’s date of graduation, or the date that the recipient last worked at that state agency, whichever is the later date. In addition, there shall be included in any contract for paid educational leave a provision for liquidated damages equal to Two Thousand Dollars ($2,000.00) per year for each year remaining to be served under such contract.
    4. If any recipient fails or withdraws from school at any time before completing his or her education, the recipient shall be liable for repayment on demand of the amount of the total compensation that he or she was paid while on paid educational leave, with interest accruing at ten percent (10%) per annum from the date the recipient failed or withdrew from school. However, if the recipient remains or returns to work in the same position he or she held in the same state agency prior to accepting educational leave, he or she shall not be liable for payment of any interest on the amount owed.
    5. The state agency shall have the authority to cancel any contract made between it and any recipient for paid educational leave or educational expenses or both upon such cause being deemed sufficient by the administrative head of the agency.
    6. The state agency is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be conducted and handled by the Attorney General of the state.
    7. Persons who default on contracts entered into under this section shall have the default determined and lose their professional health care licenses under the procedures provided in Section 37-101-291.
  4. At the discretion of the administrative head of the state agency, any recipient who is granted paid educational leave by the state agency, including nurses, shall be compensated by such agency as prescribed by the State Personnel Board during the time he or she is in school. For employees who are on educational leave on a full-time basis, the State Personnel Board shall establish a maximum salary amount at which any employee may be paid full compensation while on educational leave and shall establish a deduction ratio or reduced percentage rate of compensation to be paid to all employees compensated at a salary level above such maximum salary amount. No recipient of full-time educational leave shall accrue personal or major medical leave while he or she is on paid educational leave.
  5. Each state agency granting paid educational leave to employees or reimbursing educational expenses or both shall file an annual report with the Legislature which shall detail for each recipient of paid educational leave the position of the employee, the cost of the educational assistance and the degree program and school attended.
  6. Within the limits of funds available to the Mississippi Department of Mental Health, the Executive Director of the Department of Mental Health may grant educational leave to medical residents of the University of Mississippi and pay a stipend in an amount not to exceed the salary of a medical resident. In order to be eligible for paid educational leave under this subsection, the applicant must be approved by the Department of Mental Health Educational Leave Committee and meet all obligations established under agreements between the Department of Mental Health and the University of Mississippi and regulations promulgated by the Board of Mental Health. The recipient shall fulfill his or her obligation under this program on an annual pro rata basis for each year on paid education leave.

HISTORY: Laws, 1989, ch. 549, § 5; Laws, 1990, ch. 364, § 1; Laws, 1992, ch. 546 § 1; Laws, 1994, ch. 428, § 2; Laws, 2003, ch. 446, § 3; Laws, 2004, ch. 373, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2003 amendment added (3)(g).

The 2004 amendment added (6).

Issuance of General Obligation Bonds for Various Institutions of Higher Learning, the Education and Research Center, and the Gulf Coast Research Laboratory

§ 37-101-301. Definitions.

As used in Sections 37-101-1 through 37-101-331, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“Institutions of higher learning” shall be deemed to refer to those institutions identified in Section 37-101-1, Mississippi Code of 1972, and to the Education and Research Center and the Gulf Coast Research Laboratory.

“Office of General Services” shall mean the Governor’s Office of General Services, acting through its Bureau of Building, Grounds and Real Property Management.

HISTORY: Laws, 1988, ch. 510, § 1, eff from and after passage (approved May 12, 1988).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 37-101-303. Recommendation that general obligation bonds be issued; declaration of necessity for issuance of bonds; allocation of funds.

Before the issuance of any of the bonds herein authorized, the Board of Trustees of State Institutions of Higher Learning shall forward to the State Bond Commission its recommendation declaring the necessity for the issuance of general obligation bonds as authorized by Sections 37-101-301 through 37-101-331 for the purpose of erecting, repairing, constructing, remodeling, adding to or improving capital facilities for institutions of higher learning. The State Bond Commission shall have the power and is hereby authorized, upon receipt of the aforesaid recommendations, at one (1) time or from time to time, to declare the necessity for issuance of negotiable general obligation bonds of the State of Mississippi in an aggregate amount not to exceed Forty Million Dollars ($40,000,000.00) to provide funds for the purposes hereinabove set forth and to issue and sell bonds in the amount specified.

Out of the total amount of bonds authorized to be issued, funds shall be allocated among the institutions of higher learning as follows:

Alcorn State University $4,416,000.00 Delta State University .00 1,882,000 Jackson State University .00 2,396,000 Mississippi State University .00 9,810,000 Mississippi University for Women .00 1,909,000 Mississippi Valley State University .00 1,775,000 University of Mississippi .00 6,086,000 University of Southern Mississippi .00 5,971,000 University of Southern Mississippi–Gulf Park Campus 309,.00 000 University Medical Center .00 3,465,000 Gulf Coast Research Laboratory 260,.00 000 Education and Research Center 475,.00 000 Division of Agriculture, Forestry and Veterinary Medicine .00 1,246,000

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It is expressly provided, however, that in the event any emergencies or unforeseen contingencies arise, the amount set forth above for any institution may be increased by the Board of Trustees of State Institutions of Higher Learning, provided that the amount of such increase is achieved by a pro rata reduction in the amounts allocated to the other institutions.

HISTORY: Laws, 1988, ch. 510, § 2, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond commission generally, see §§31-17-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

§ 37-101-305. Issuance of general obligation bonds.

Upon receipt of a certified copy of a resolution of the Board of Trustees of State Institutions of Higher Learning declaring the necessity for the issuance of any part or all of the bonds authorized by Sections 37-101-301 et seq., the State Bond Commission is hereby authorized and empowered to sell and issue general obligation bonds of the State of Mississippi in the principal amount requested, not to exceed an aggregate principal amount of Forty Million Dollars ($40,000,000.00) for the purposes hereinabove set forth. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 37-101-301 et seq. from the proceeds derived from the sale of such bonds.

HISTORY: Laws, 1988, ch. 510, § 3, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

§ 37-101-307. Manner of payment of principal and interest on bonds.

The principal of and interest on such bonds shall be payable in the manner hereinafter set forth. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission.

HISTORY: Laws, 1988, ch. 510, § 4, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-101-309. Execution of bonds.

Such bonds shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser, or had been in office on the date such bonds may bear. Provided, however, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

HISTORY: Laws, 1988, ch. 510, § 5, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Registered Bond Act see §§31-21-1 through31-21-7.

§ 37-101-311. Negotiability of bonds and coupons; tax exemption.

All bonds and interest coupons issued under the provisions of Sections 37-101-301 through 37-101-331 shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by Sections 37-101-301 through 37-101-331, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Laws, 1988, ch. 510, § 6, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Uniform Commercial Code, see §§75-1-101 et seq.

§ 37-101-313. Powers and duties of State Bond Commission; sale of bonds; interest rates.

The State Bond Commission shall act as the issuing agent for such bonds, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. All bonds shall bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101, Mississippi Code of 1972. All interest accruing on such bonds so issued shall be payable semiannually or annually; provided that the first interest payment may be for any period of not more than one (1) year.

Each interest rate specified in any bid must be in a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named.

Notice of the sale of any such bond shall be published at least one (1) time, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 37-101-301 through 37-101-331, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption in reverse order of maturity at the call price named therein and accrued interest on such date or dates named therein.

HISTORY: Laws, 1988, ch. 510, § 7, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-101-315. Liability of state on bonds.

The bonds issued under the provisions of Sections 37-101-301 through 37-101-331 shall be general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi are hereby irrevocably pledged. If the funds appropriated by the Legislature be insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.

HISTORY: Laws, 1988, ch. 510, § 8, eff from and after passage (approved May 12, 1988).

§ 37-101-317. Warrants for payment of principal and interest.

The State Treasurer is hereby authorized, without further process of law, to certify to the Fiscal Management Board the necessity for warrants, and the board is hereby authorized and directed to issue such warrants payable out of any funds authorized by Sections 37-101-301 through 37-101-331 for such purpose, in such amounts as may be necessary to pay when due the principal of and interest on all bonds issued under the provisions of Sections 37-101-301 through 37-101-331; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

HISTORY: Laws, 1988, ch. 510, § 9, eff from and after passage (approved May 12, 1988).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

§ 37-101-319. Proceedings and conditions for issuance of bonds; resolutions providing for issuance of bonds.

Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by Sections 37-101-301 through 37-101-331. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 37-101-301 through 37-101-331 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular or special meeting of the State Bond Commission by a majority of its members.

HISTORY: Laws, 1988, ch. 510, § 10, eff from and after passage (approved May 12, 1988).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-101-321. Validation of bonds.

The bonds authorized under the authority of Sections 37-101-301 through 37-101-331 may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by the aforesaid statute shall be published in a newspaper published in the City of Jackson, Mississippi.

HISTORY: Laws, 1988, ch. 510, § 11, eff from and after passage (approved May 12, 1988).

Cross References —

Validation of public bonds generally, see §§31-13-1 et seq.

§ 37-101-323. Higher Education Capital Improvement Fund.

The proceeds of the bonds authorized in Sections 37-101-301 through 37-101-331 shall be deposited in a special fund hereby created in the State Treasury to be known as the “Higher Education Capital Improvement Fund.” The proceeds of such bonds shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds. The costs incident to the issuance and sale of such bonds shall be disbursed by warrant upon requisition of the State Bond Commission, signed by the Governor. The expenditure of the remaining money shall be under the direction of the Office of General Services, and such funds shall be paid by the State Treasurer upon warrants issued by the Fiscal Management Board, which warrants shall be issued upon requisitions signed by the Executive Director of the Office of General Services.

HISTORY: Laws, 1988, ch. 510, § 12, eff from and after passage (approved May 12, 1988).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-101-325. Protection and enforcement of rights of holders of bonds and coupons.

Any holder of bonds issued under the provisions of Sections 37-101-301 through 37-101-331 or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted hereunder, or under such resolution, and may enforce and compel performance of all duties required by Sections 37-101-301 through 37-101-331 to be performed, in order to provide for the payment of bonds and interest thereon.

HISTORY: Laws, 1988, ch. 510, § 13, eff from and after passage (approved May 12, 1988).

§ 37-101-327. Bonds as legal investments and securities.

All bonds issued under the provisions of Sections 37-101-301 through 37-101-331 shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Laws, 1988, ch. 510, § 14, eff from and after passage (approved May 12, 1988).

§ 37-101-329. Construction of provisions.

Sections 37-101-301 through 37-101-331 shall be deemed to be full and complete authority for the exercise of the powers herein granted, but Sections 37-101-301 through 37-101-331 shall not be deemed to repeal or to be in derogation of any existing law of this state.

HISTORY: Laws, 1988, ch. 510, § 15, eff from and after passage (approved May 12, 1988).

§ 37-101-331. Report as to renovations and repairs at state community and junior colleges.

It is the express intent of the Legislature that the capital renovation and repair needs of state community and junior colleges be comprehensively addressed by appropriate legislation during the 1989 Regular Legislative Session; and, to that end, the Mississippi Community College Board is hereby directed to prepare a complete report detailing:

Repair and renovation needs;

The financing capabilities of each community and junior college district; and

The total millage levied in each community and junior college district for the support of the district, the amount of revenue generated in each district by the millage imposed, and an assessment of what capital renovation and repair needs can be financed under existing levying authority.

The board shall submit such report to the Legislature on or before January 3, 1989, in order that the Legislature be made fully cognizant of such needs and capabilities. The Governor’s Office of General Services is directed to provide the fullest degree of reasonable cooperation to the Mississippi Community College Board in the preparation of this report.

HISTORY: Laws, 1988, ch. 510, § 16; Laws, 2014, ch. 397, § 43, eff from and after July 1, 2014.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for ”State Board for Community and Junior Colleges” in the first and last paragraphs.

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Executive Institute

§ 37-101-351. Authority to establish executive institute; purpose.

The Board of Trustees of State Institutions of Higher Learning is hereby authorized to establish an executive institute which shall be responsible for providing advanced training and assessment for public sector executives, elected officials, state board and commission members, and officers and employees of local government entities of the State of Mississippi.

HISTORY: Laws, 1989, ch. 472, § 1, eff from and after passage (approved March 28, 1989).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

Authorization for governmental agencies and entities to pay fees and tuition for personnel to attend the institute, see §37-101-355.

§ 37-101-353. Authority of board of trustees.

The board is authorized to take any and all necessary and proper action for the implementation of Sections 37-101-351 through 37-101-357, including but not limited to (a) pursuing cooperative ventures with the John C. Stennis Institute of Government; and (b) pursuing cooperative ventures with the John C. Stennis Center for Public Service Training and Development.

HISTORY: Laws, 1989, ch. 472, § 2, eff from and after passage (approved March 28, 1989).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

§ 37-101-355. Authorization for governmental agencies and entities to pay fees and tuition for personnel to attend institute.

State agencies, political subdivisions and local governmental entities of the State of Mississippi are authorized to pay from available funds reasonable fees and tuition for their executives, officials and employees to attend an authorized executive institute pursuant to Section 37-101-351.

HISTORY: Laws, 1989, ch. 472, § 3, eff from and after passage (approved March 28, 1989).

§ 37-101-357. Report to Legislature.

The board shall submit to the Legislature and report no later than December 1, 1990, and December 1 of the next two (2) years thereafter outlining the status, structure and programs of the institute.

HISTORY: Laws, 1989, ch. 472, § 4, eff from and after passage (approved March 28, 1989).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

Equipment Leasing and Purchase Program

Editor’s Notes —

A former undesignated centered heading “Issuance of State General Obligation Bonds for the Purchase of Equipment Necessary to the Operations of the Institutions of Higher Learning,” contained former §§37-101-401 through37-101-431, which were repealed by Section 8 of Chapter 521, Laws of 2005.

§§ 37-101-401 through 37-101-411. Repealed.

Repealed by Laws, 2005, ch. 521, § 8, effective from and after passage (approved April 20, 2005).

§§37-101-401 through37-101-411 [Laws, 1989, ch. 498, §§ 1 through 6, eff from and after passage (approved April 4, 1989).]

Editor’s Notes —

Former §§37-101-401 through37-101-411, in a former undesignated heading “Issuance of State General Obligation Bonds for the Purchase of Equipment Necessary to the Operations of the Institutions of Higher Learning,” enacted by Laws, 1989, ch. 498, §§ 1 through 6, and repealed by Laws, 2005, ch. 521, § 8, effective from and after passage (approved April 20, 2005), authorized the issuance of state general obligation bonds in the amount of fifteen million dollars ($15,000,000.00) for the purchase of equipment necessary to the operations of the institutions of higher learning.

§ 37-101-413. Equipment leasing and purchase program; actions by board of trustees.

  1. As used in this section, the term “state institutions of higher learning” means those institutions identified in Section 37-101-1 and the University Research Center.
  2. The Board of Trustees of State Institutions of Higher Learning may establish an equipment leasing and purchase program for the use of the state institutions of higher learning. In establishing and administering the program, the board may perform the following actions:
    1. Adopt policies and procedures to implement the program;
    2. Establish offices or subordinate units as may be necessary for the administration of the program;
    3. Adopt rules and regulations pertaining to the program;
    4. Acquire by purchase, lease or lease-purchase contract and retain or transfer ownership or possession of instructional and other equipment;
    5. Contract for the leasing of such properties and for the financing of leases and purchases;
    6. Enter into contracts with others to provide any services deemed necessary and advisable by the board;
    7. Make purchases and enter into leases according to the requirements of the state public purchasing laws and the requirements of those laws establishing the Mississippi Department of Information Technology Services;
    8. Enter into lease financing agreements in connection with purchases made under the authority of this section;
    9. Require the transfer of appropriations of general funds or self-generated funds from the state institutions to those funds that the board may determine are required in connection with any lease financing agreements;
    10. Develop administrative methods for determining age, useful life, replacement value, current use, condition and other characteristics of instructional and research equipment at the state institutions and research facilities;
    11. Determine obsolescence of the equipment and establish priorities for replacement or provision of the equipment or its transfer to another state institution that can continue to utilize it; and
    12. Develop long-range plans for the orderly and systematic acquisition and utilization of the instructional and research equipment in order to eliminate waste and duplication, provide the maximum efficiency of use for expenditures, and achieve equitable allocations of equipment funds to the state institutions consistent with the roles of the institutions and disciplines served.
  3. All institutions of higher learning desiring to purchase, lease or lease-purchase equipment involving an expenditure or expenditures of more than Five Thousand Dollars ($5,000.00) must procure that equipment under the equipment leasing and purchase program unless funds for the procurement of the equipment under the program are unavailable or the equipment can be procured elsewhere at an overall cost lower than that for which the equipment can be procured under the program.

HISTORY: Former §37-101-413 [Laws, 1989, ch. 498, § 7] repealed by Laws, 2005, ch. 521, § 8. New §37-101-413 enacted by Laws, 2007, ch. 580, § 23, eff from and after passage (approved Apr. 21, 2007.).

Editor’s Notes —

A former §37-101-413, in a former undesignated centered heading “Issuance of State General Obligation Bonds for the Purchase of Equipment Necessary to the Operations of the Institutions of Higher Learning,” enacted by Laws, 1989, ch. 498, § 7, and repealed by Laws, 2005, ch. 521, § 8, effective from and after passage (approved April 20, 2005), authorized the issuance of state general obligation bonds in the amount of fifteen million dollars ($15,000,000.00) for the purchase of equipment necessary to the operations of the institutions of higher learning.

§§ 37-101-415 through 37-101-431. Repealed.

Repealed by Laws, 2005, ch. 521, § 8, effective from and after passage (approved April 20, 2005).

§§37-101-415 through37-101-431 [Laws, 1989, ch. 498, §§ 8 through 16, eff from and after passage (approved April 4, 1989).]

Editor’s Notes —

Former §§37-101-415 through37-101-431, in a former undesignated heading “Issuance of State General Obligation Bonds for the Purchase of Equipment Necessary to the Operations of the Institutions of Higher Learning,” enacted by Laws, 1989, ch. 498, §§ 8 through 16, and repealed by Laws, 2005, ch. 521, § 8, effective from and after passage (approved April 20, 2005), authorized the issuance of state general obligation bonds in the amount of fifteen million dollars ($15,000,000.00) for the purchase of equipment necessary to the operations of the institutions of higher learning.

Chapter 102. Off-campus Instructional Programs

§ 37-102-1. Authorization of establishment; course loads; satisfaction of residency requirements; work standards and quality of degree.

The Board of Trustees of State Institutions of Higher Learning may establish off-campus instructional programs for existing universities. However, the Board of Trustees of State Institutions of Higher Learning shall not establish off-campus instructional programs if in its opinion such action is not in the best interest of quality education for the State of Mississippi and the university system.

Students at any off-campus program site may, in the discretion of the Board of Trustees of State Institutions of Higher Learning, be permitted to register for full-time course loads.

Attendance at an off-campus site shall fulfill the residency requirements as if the student had attended class on the parent campus of the university, and there shall be no difference in the standards for work nor quality weight of a degree earned in the off-campus program from that earned at the parent institution.

HISTORY: Codes, 1942, § 6724.1-01; Laws, 1972, ch. 332, § 1; Laws, 1976, ch. 486, § 1; Laws, 1982, ch. 358; Laws, 1989, ch. 390, § 1, eff from and after July 1, 1989.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

§ 37-102-3. Approval of Mississippi Community College Board.

The Board of Trustees of State Institutions of Higher Learning shall not permit its universities to offer courses for college credit at the lower undergraduate level at an off-campus site unless approved by the Mississippi Community College Board. The Board of Trustees of State Institutions of Higher Learning, in cooperation with the Mississippi Community College Board, shall study the need and advisability of offering (a) courses for college credit at the lower undergraduate level, and (b) advanced centers for technology partnerships for industrial training and professional development for credit and noncredit courses, at the following off-campus sites by four-year public state institutions of higher learning: the Mississippi Gulf Coast counties; Greenville, Mississippi; Columbus, Mississippi; McComb, Mississippi; Hattiesburg, Mississippi; Meridian, Mississippi; Laurel, Mississippi; and any other proposed area of the state. Any such study shall take into account the ongoing programs of the community and junior colleges in the State of Mississippi when said board authorizes off-campus programs created under this chapter. It is the intent of the Legislature to meet the educational needs of students who do not have ready access to the educational opportunities that they desire. It is the further intent of this chapter that university off-campus programs established hereunder will in no way usurp the responsibilities of the public junior colleges of the State of Mississippi. The board shall establish such rules and regulations as it deems necessary and proper to carry out the purposes and intent of this chapter.

HISTORY: Codes, 1942, § 6724.1-02; Laws, 1972, ch. 332, § 2; Laws, 1989, ch. 390, § 2; Laws, 1997, ch. 420, § 1; Laws, 2014, ch. 397, § 44, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the first and second sentences.

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 through37-101-30.

JUDICIAL DECISIONS

1. Constitutionality.

In a suit where the Mississippi State Board for Community and Junior Colleges (SBCJC) filed suit after the Mississippi Board of Trustees of State Institutions of Higher Learning (IHL) created a full four year university, the Mississippi Supreme Court held that the SBCJC could not be established as a body with veto power over the IHL and declared Miss. Code Ann. §37-102-3 unconstitutional. Bd. of Trs. of State Insts. of Higher Learning v. Ray, 809 So. 2d 627, 2002 Miss. LEXIS 64 (Miss. 2002).

§ 37-102-5. Operation and location of programs.

The Board of Trustees of State Institutions of Higher Learning may designate the university which shall operate and be responsible for each off-campus site. However, off-campus sites shall be located in such a manner as to make the services of the institutions of higher learning available to the people of Mississippi without unnecessary program duplication in the same geographic area.

HISTORY: Codes, 1942, § 6724.1-03; Laws, 1972, ch. 332, § 3; Laws, 1989, ch. 390, § 3, eff from and after July 1, 1989. passage (approved April 13, 1972).

§ 37-102-7. Budget requests.

The Board of Trustees of State Institutions of Higher Learning shall submit to the Legislature budget requests with off-campus programs being an identified part of the total general support budget request for universities by being a separate item within the budget request of the respective university which offers the program. Said budget request shall include a statement of all actual or estimated receipts and disbursements for such off-campus programs and such other information as may be required by the Legislative Budget Office.

HISTORY: Codes, 1942, § 6724.1-03; Laws, 1972, ch. 332, § 3; Laws, 1976, ch. 486, § 2; Laws, 1984, ch. 488, § 202; Laws, 1989, ch. 390, § 4, eff from and after July 1, 1989.

Cross References —

Affect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

Joint legislative budget committee and legislative budget office generally, see §§27-103-101 et seq.

§ 37-102-9. Assistance in providing facilities.

It is the intention of this chapter that the political subdivision or the people of the area may assist in providing facilities for the establishment of such off-campus sites.

HISTORY: Codes, 1942, § 6724.1-04; Laws, 1972, ch. 332, § 4; Laws, 1989, ch. 390, § 5, eff from and after July 1, 1989.

§ 37-102-11. Construction of dormitories, gymnasiums, etc.

Extracurricular items such as dormitories, gymnasiums, stadiums, and such related items shall not be constructed for use by off-campus sites of universities.

HISTORY: Codes, 1942, § 6724.1-05; Laws, 1972, ch. 332, § 5; Laws, 1989, ch. 390, § 6, eff from and after July 1, 1989.

OPINIONS OF THE ATTORNEY GENERAL

Statutory prohibition against extracurricular items such as dormitories, gymnasiums, and stadiums being constructed for use by off-campus sites of universities does not prohibit a university from utilizing as dormitories those buildings constructed for usage as dormitories prior to transfer thereof to university. Peranich, January 30, 1998, A.G. Op. #98-0057.

§ 37-102-13. Consideration of programs of private colleges prior to authorization of off-campus programs; purpose of chapter.

The Board of Trustees of State Institutions of Higher Learning shall take into account the ongoing programs of the private colleges in the State of Mississippi when said board authorizes off-campus programs created under this chapter. It is the intent of this chapter to meet the educational needs of students who do not have ready access to the educational opportunities that they desire.

HISTORY: Codes, 1942, § 6724.1-06; Laws, 1972, ch. 332, § 6; Laws, 1989, ch. 390, § 7, eff from and after July 1, 1989.

RESEARCH REFERENCES

ALR.

Liability of private school or educational institution for breach of contract arising from provision or deficient educational instruction. 46 A.L.R.5th 581.

§ 37-102-15. Capital improvement expenditures.

  1. The Board of Trustees of State Institutions of Higher Learning and the Bureau of Buildings, Grounds and Real Property Management shall not make any expenditure for capital improvements for off-campus sites unless specifically authorized by the Mississippi Legislature. However, this shall not preclude such capital improvements from being made by county or municipal governments locally or regionally involved.
  2. The Board of Trustees of State Institutions of Higher Learning and the Bureau of Buildings, Grounds and Real Property Management is specifically authorized to expend any funds available to it from private sources, from the proceeds of the sale of any property and improvements currently on the site of Mississippi State University off-campus instructional program at Meridian and from the proceeds of funds designated to the Mississippi State University system for “repair, renovation and new construction” in Chapter 2, Section 2, General Laws, First Extraordinary Session of 1989, for the construction, equipping and furnishing and new building, and/or for the repair, renovation, equipping and furnishing of any existing building at the Mississippi State University off-campus instructional program site at Meridian, Mississippi. The board of trustees is hereby authorized to receive and expend matching funds from the local, county and municipal governments for such construction, equipping, furnishing, repair or renovation.

HISTORY: Codes, 1942, § 6724.1-07; Laws, 1972, ch. 332, § 7; Laws, 1989, ch. 390, § 8; Laws, 1990, ch. 443, § 1, eff from and after passage (approved March 20, 1990).

Editor’s Notes —

Chapter 2 of the General Laws, First Extraordinary Session of 1989, referred to in subsection (2), related to a state bond issue, and was not codified in the Mississippi Code of 1972.

OPINIONS OF THE ATTORNEY GENERAL

The Board of Trustees of Institutions of Higher Learning Board may expend funds for capital improvements for off-campus sites of other institutions of higher learning only if specifically authorized by the Mississippi Legislature. Layzell, April 30, 1998, A.G. Op. #98-0230.

§ 37-102-17. Exemption from chapter.

The associate degree program in nursing of the University of Southern Mississippi located at Natchez, Mississippi, is exempt from this chapter.

HISTORY: Codes, 1942, § 6724.1-07; Laws, 1972, ch. 332, § 7, eff from and after passage (approved April 13, 1972).

Chapter 103. Residency and Fees of Students Attending or Applying for Admission to Educational Institutions

§ 37-103-1. Standards to be applied in determining residency.

The board of trustees of each junior college in this state, the board of trustees of state institutions of higher learning, and the administrative authorities of each institution governed by said boards, in ascertaining and determining the legal residence of and tuition to be charged any student applying for admission to such institutions shall be governed by the definitions and conditions set forth in Sections 37-103-1 through 37-103-23.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1, eff from and after passage (approved August 7, 1968).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

Resident status for purposes Mississippi Resident Tuition Assistance Grant Program to be determined in same manner as under this chapter, see §37-106-29.

OPINIONS OF THE ATTORNEY GENERAL

Notwithstanding Section 37-103-1 et seq., an MPACT beneficiary shall be considered a resident for the purposes of tuition regardless of the beneficiary’s residence on the date of enrollment, as set out in Section 37-155-5(d)(iii). Patterson, October 11, 1996, A.G. Op. #96-0679.

RESEARCH REFERENCES

ALR.

Validity and application of provisions governing determination of residency for purposes of fixing fee differential for out-of-state students in public college. 56 A.L.R.3d 641.

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-3. Residency requirement for purpose of being admitted as state resident; definition of residence.

No student may be admitted to any junior college or institution of higher learning as a resident of Mississippi unless his residence has been in the State of Mississippi preceding his admission. Residence shall be as defined in Sections 37-103-7 and 37-103-13 unless excepted in this chapter.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 1990, ch. 326, § 1, eff from and after July 1, 1990.

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-5. Residence status of person entering state for purpose of attendance at educational institution.

A person who has entered the State of Mississippi from another state and enters an educational institution is considered a nonresident. Even though he may have been legally adopted by a resident of Mississippi, or may have been a qualified voter, or a landowner, or may otherwise have sought to establish legal residence, except as otherwise provided in Section 37-103-25(2), such a person will still be considered as being a nonresident of Mississippi if he has entered this state for the purpose of enrolling in an educational institution.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 1990, ch. 326, § 2; Laws, 2003, ch. 364, § 4, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “except as otherwise provided in Section 37-103-25(2)” in the second sentence.

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

JUDICIAL DECISIONS

1. In general.

2. Jurisdiction in paternity cases.

3. Personal jurisdiction over students.

1. In general.

A student at the University of Mississippi, seeking to be declared a resident of Mississippi in order to obtain more favorable tuition status, is not entitled to be declared a resident where he has established in his case only that he hopes to make Mississippi his home at some future date after his graduation from law school and admission to the bar, for should he fail in any of these undertakings the reason or basis for his residence in Mississippi vanishes. Cheek v. Fortune, 341 F. Supp. 729, 1972 U.S. Dist. LEXIS 14404 (N.D. Miss. 1972).

2. Jurisdiction in paternity cases.

In a paternity action filed by the alleged father, the Mississippi court had personal jurisdiction over the mother, a Lousiana native who was in Mississippi for the sole purpose of attending a Mississippi university, since the child was conceived in Mississippi and the father was a Mississippi resident; Miss. Code Ann. §37-103-5 deals with tuition cost and did not deprive the Mississippi court of personal jurisdiction over the mother. Venegas v. Gurganus, 911 So. 2d 562, 2005 Miss. App. LEXIS 868 (Miss. Ct. App.), cert. denied, 920 So. 2d 1008, 2005 Miss. LEXIS 639 (Miss. 2005).

3. Personal jurisdiction over students.

Miss. Code Ann. §37-103-5 defines residents and non-residents for the sole purpose of determining tuition costs; it has no effect on the ability of Mississippi courts to exercise personal jurisdiction over a student in a Mississippi educational institution. Venegas v. Gurganus, 911 So. 2d 562, 2005 Miss. App. LEXIS 868 (Miss. Ct. App.), cert. denied, 920 So. 2d 1008, 2005 Miss. LEXIS 639 (Miss. 2005).

§ 37-103-7. Legal residence of minor students for purposes of attendance at universities and community colleges.

For purposes of determining whether a person pays out-of-state or in-state tuition for attendance at universities and community and junior colleges, the residence of a person less than twenty-one (21) years of age is that of the father, the mother or a general guardian duly appointed by a proper court in Mississippi. If a court has granted custody of the minor to one (1) parent, the residence of the minor is that of the parent who was granted custody by the court. If both parents are dead, the residence of the minor is that of the last surviving parent at the time of that parent’s death, unless the minor lives with a general guardian duly appointed by a proper court of Mississippi, in which case his residence becomes that of the guardian. A student residing within the State of Mississippi who, upon registration at a Mississippi institution of higher learning or community college, presents a transcript demonstrating graduation from a Mississippi secondary school and who has been a secondary school student in Mississippi for not less than the final four (4) years of secondary school attendance shall not be required to pay out-of-state tuition. This section shall not apply to the residence of a person as it relates to residency for voter registration or voting.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 2005, ch. 515, § 1; Laws, 2006, ch. 341, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2005 amendment rewrote the section to clarify the residence status of minor students for the purpose of attendance at universities and community colleges.

The 2006 amendment inserted “residing within the State of Mississippi” following “A student” in the next-to-last sentence; and made a minor stylistic change.

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

Requirement that student be resident of state preceding admission in order to be admitted as state resident, see §37-103-3.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-9. Residence status of children of parents employed by educational institutions.

Children of parents who are members of the faculty or staff of any institution under the jurisdiction of the board of trustees of any junior college in this state or the Board of Trustees of State Institutions of Higher Learning may be classified as residents for the purpose of attendance at the institution where their parents are faculty or staff members.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 1990, ch. 326, § 3, eff from and after July 1, 1990.

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-11. Effect of removal of parents from state.

If the parents of a minor who is enrolled as a student in a junior college or in an institution of higher learning move their legal residence from the State of Mississippi, the minor shall be immediately classified as a nonresident student.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1, eff from and after passage (approved August 7, 1968).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-13. Legal residence of adult.

The residence of an adult is that place where he is domiciled, that is, the place where he actually physically resides with the intention of remaining there indefinitely or of returning there permanently when temporarily absent.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1, eff from and after passage (approved August 7, 1968).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

Requirement that student be resident of state preceding admission in order to be admitted as state resident, see §37-103-3.

Applicability of this section in determining legal residence of married person, see §37-103-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-15. Legal residence of married person.

A married person may claim the residence status of his or her spouse, or he or she may claim independent residence status under the same regulations set forth in Section 37-103-13 as any other adult.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 1980, ch. 541, eff from and after July 1, 1980.

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-17. Residence status of military personnel assigned to active duty and stationed in state and members of the Mississippi National Guard.

Members of the United States Armed Forces on extended active duty and stationed within the State of Mississippi and members of the Mississippi National Guard may be classified as residents, for the purpose of attendance at state-supported institutions of higher learning and community and/or junior colleges of the State of Mississippi. Resident status of such military personnel who are not legal residents of Mississippi, as defined in Section 37-103-13, shall terminate upon their reassignment for duty in the continental United States outside the State of Mississippi.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 1988, ch. 404; Laws, 1990, ch. 326, § 4; Laws, 1999, ch. 305, § 1; Laws, 1999, ch. 332, § 1, eff from and after July 1, 1999.

Joint Legislative Committee Note —

Section 1 of ch. 305, Laws of 1999, effective from and after July 1, 1999 (approved March 3, 1999), amended this section. Section 1 of ch. 332, Laws of 1999, effective from and after July 1, 1999 (approved March 15, 1999), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 332, Laws of 1999, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the sections are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 1999 amendment (ch. 305) inserted “and members of the Mississippi National Guard” following “within the State of Mississippi” and “community and” following “higher learning and” in the first sentence.

The second 1999 amendment (ch. 332) inserted “and members of the Mississippi National Guard” following “within the State of Mississippi,” and “community and/or” following “institutions of higher learning.”

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

Comparable Laws from other States —

Alabama Code, §31-10-23.

Louisiana Revised Statutes Annotated, § 29:36.1.

Tennessee Code Annotated, §§49-7-2301 through49-7-2303.

Texas Education Code, § 54.241.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-19. Residence status of spouse or child of military personnel assigned to active duty [Effective until July 1, 2019].

  1. Resident status of a spouse or child of a member of the Armed Forces of the United States on extended active duty shall be that of the military spouse or parent for the purpose of attending state-supported institutions of higher learning and community/junior colleges of the State of Mississippi during the time that the military spouse or parent is stationed within the State of Mississippi and shall be continued through the time that the military spouse or parent is stationed in an overseas area with last duty assignment within the State of Mississippi, excepting temporary training assignments en route from Mississippi. Resident status of a minor child terminates upon reassignment under Permanent Change of Station Orders of the military parent for duty in the continental United States outside the State of Mississippi, excepting temporary training assignments en route from Mississippi, and except that children of members of the Armed Forces who attain Mississippi residency in accordance with the above provisions, who begin and complete their senior year of high school in Mississippi, and who enroll full time in a Mississippi institution of higher learning or community/junior college to begin studies in the fall after their graduation from high school, maintain their residency status so long as they remain enrolled as a student in good standing at a Mississippi institution of higher learning or community/junior college. Enrollment during summer school is not required to maintain such resident status.
  2. The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to pay the resident tuition fee if the spouse or child becomes a resident of Mississippi
  3. If a member of the Armed Forces of the United States is stationed outside Mississippi and the member’s spouse or child establishes residence in Mississippi and registers with the Mississippi institution of higher learning or community/junior college at which the spouse or child plans to attend, the institution of higher education or community/junior college shall permit the spouse or child to pay the tuition, fees and other charges provided for Mississippi residents without regard to length of time that the spouse or child has resided in Mississippi.
  4. A member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to pay tuition and fees at the rate provided for Mississippi residents under another provision of this section while enrolled in a degree or certificate program is entitled to pay tuition and fees at the rate provided for Mississippi residents in any subsequent term or semester while the person is continuously enrolled in the same degree or certificate program.A student may withdraw or may choose not to reenroll for no more than one (1) semester or term while pursuing a degree or certificate without losing resident status only if that student provides sufficient documentation by a physician that the student has a medical condition that requires withdrawal or nonenrollment.For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person’s eligibility to pay tuition and fees at the rate provided for Mississippi residents under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 2005, ch. 544, § 1, eff from and after passage (approved Apr. 20, 2005.).

Amendment Notes —

The 2005 amendment rewrote the section.

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-19. Residence status of spouse or child of military personnel assigned to active duty [Effective July 1, 2019].

  1. Resident status of a spouse or child of a member of the Armed Forces of the United States on extended active duty shall be that of the military spouse or parent for the purpose of attending state-supported institutions of higher learning and community/junior colleges of the State of Mississippi during the time that the military spouse or parent is stationed within the State of Mississippi and shall be continued through the time that the military spouse or parent is stationed in an overseas area with last duty assignment within the State of Mississippi, excepting temporary training assignments en route from Mississippi. Resident status of a spouse or minor child terminates upon reassignment under Permanent Change of Station Orders of the military spouse or parent for duty in the continental United States outside the State of Mississippi, excepting temporary training assignments en route from Mississippi. However, except for spouses who enroll at a professional school or college, spouses or children of members of the Armed Forces who attain Mississippi residency in accordance with the provisions of this subsection and who enroll full time in a Mississippi institution of higher learning or community/junior college shall maintain their residency status so long as they remain enrolled in good standing at a Mississippi institution of higher learning or community/junior college. Enrollment during summer school is not required to maintain such resident status.
  2. The spouse or child of a member of the Armed Forces of the United States who dies or is killed is entitled to pay the resident tuition fee if the spouse or child becomes a resident of Mississippi within one hundred eighty (180) days of the date of death.
  3. If a member of the Armed Forces of the United States is stationed outside Mississippi and the member’s spouse or child establishes residence in Mississippi and registers with the Mississippi institution of higher learning or community/junior college at which the spouse or child plans to attend, the institution of higher education or community/junior college shall permit the spouse or child to pay the tuition, fees and other charges provided for Mississippi residents without regard to length of time that the spouse or child has resided in Mississippi.
  4. A member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States who is entitled to pay tuition and fees at the rate provided for Mississippi residents under another provision of this section shall maintain resident classification for tuition and fee purposes as long as he or she is continuously enrolled at a Mississippi institution of higher learning or community/junior college. A student may withdraw or may choose not to reenroll for no more than one (1) semester or term while pursuing a degree or certificate without losing resident status only if that student provides sufficient documentation by a physician that the student has a medical condition that requires withdrawal or nonenrollment. For purposes of this subsection, a person is not required to enroll in a summer term to remain continuously enrolled in a degree or certificate program. The person’s eligibility to pay tuition and fees at the rate provided for Mississippi residents under this subsection does not terminate because the person is no longer a member of the Armed Forces of the United States or the child or spouse of a member of the Armed Forces of the United States.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1; Laws, 2005, ch. 544, § 1, eff from and after passage (approved Apr. 20, 2005.); Laws, 2019, ch. 438, § 1, eff from and after July 1, 2019.

§ 37-103-21. Military certificate.

A military person on active duty stationed in Mississippi who wishes to avail himself or his dependents of the provisions of Section 37-103-17, must submit a certificate from his military organization showing the name of the military member; the name of the dependent, if for a dependent; the name of the organization of assignment and its address (may be in the letterhead); that the military member will be on active duty stationed in Mississippi on the date of registration at the state-supported institution of higher learning or junior college of the State of Mississippi; that the military member is not on transfer orders; and the signature of the commanding officer, the adjutant, or the personnel officer of the unit of assignment with signer’s rank and title. A military certificate must be presented to the registrar of the state-supported institution of higher learning or junior college of the State of Mississippi each semester or tri-semester at (or within ten days prior to) registration each semester for the provisions of said section to be effective.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1, eff from and after passage (approved August 7, 1968).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 25, 26, 28.

§ 37-103-23. Classification of aliens.

All aliens are classified as nonresidents.

HISTORY: Codes, 1942, § 6800-11; Laws, 1962, ch. 355, § 1; Laws, 1968, ch. 417, § 1; ch. 418, § 1, eff from and after passage (approved August 7, 1968).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

ALR.

Preemption of State Statute, Law, Ordinance, or Policy with Respect to Employment- and Education-Related Issues Involving Aliens. 88 A.L.R.6th 627.

JUDICIAL DECISIONS

1. In general.

Classification of all aliens as nonresidents for purpose of charging tuition and fees at state-supported institutions of higher education violates both the equal protection and due process clauses of the Fourteenth Amendment. Jagnandan v. Giles, 379 F. Supp. 1178, 1974 U.S. Dist. LEXIS 7125 (N.D. Miss. 1974), aff'd, in part, 538 F.2d 1166, 1976 U.S. App. LEXIS 7037 (5th Cir. 1976).

§ 37-103-25. Tuition and fees for attending state-supported institutions of higher learning and community and junior colleges; waiver of out-of-state tuition under certain circumstances.

  1. The Board of Trustees of State Institutions of Higher Learning and the boards of trustees of the community colleges and junior colleges are authorized to prescribe the amount of tuition and fees to be paid by students attending the several state-supported institutions of higher learning and community colleges and junior colleges of the State of Mississippi.
  2. Except as otherwise provided in this subsection and subsections (3) and (4) of this section, the total tuition to be paid by residents of other states shall not be less than the average cost per student from appropriated funds. However, the tuition to be paid by a resident of another state shall be equal to the tuition amount established under subsection (1) of this section if:
    1. The nonresident student is either a veteran, as defined by Title 38 of the United States Code, or a person entitled to education benefits under Title 38 of the United States Code. Nonresident students enrolled in a professional school or college at a state institution of higher learning are excluded from this paragraph (2)(a) except for those nonresident students who must be charged tuition equal to the amount established under subsection (1) due to the provisions of Section 702 of the Veterans Access, Choice and Accountability Act of 2014. This paragraph (a) shall be administered and interpreted in the manner necessary to obtain or retain approval of courses of education by the Secretary of the United States Department of Veterans Affairs;
    2. The nonresident student is an evacuee of an area affected by Hurricane Katrina or Hurricane Rita. This waiver shall be applicable to the 2005-2006 school year only.
    3. The nonresident student’s out-of-state tuition was waived according to subsection (3) or (4) of this section.
  3. The Board of Trustees of State Institutions of Higher Learning may, in its discretion, consider and grant requests to approve institution specific policies permitting the waiver of out-of-state tuition when such an official request is made by the president or chancellor of the institution and when such request is determined by the board to be fiscally responsible and in accordance with the educational mission of the requesting institution.
  4. The board of trustees of any community college or junior college may develop and implement a policy for waiving out-of-state tuition for the college if the policy is determined by the board to be in accordance with the educational mission of the college and if a local industry or business or a state agency agrees to reimburse the college for the entire amount of the out-of-state tuition that will be waived under the policy. State funds shall be allocated and spent only on students who reside within the State of Mississippi. However, associate degree nursing students who reside outside the State of Mississippi may be counted for pay purposes.

HISTORY: Codes, 1942, § 6800-12; Laws, 1962, ch. 355, § 2; Laws, 2003, ch. 364, § 1; Laws, 2005, 5th Ex Sess, ch. 13, § 1; Laws, 2012, ch. 301, § 1; Laws, 2013, ch. 438, § 1; Laws, 2015, ch. 386, § 1; Laws, 2016, ch. 350, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2003 amendment rewrote the section.

The 2005 amendment, 5th Ex Sess, ch. 13, added (2)(d) and made minor stylistic changes.

The 2012 amendment added (2)(e) and (3); and made minor stylistic changes.

The 2013 amendment in (2), substituted “subsections (3) and (4)” for “subsection (3)”; inserted “or (4)” in (2)(e); and added (4).

The 2015 amendment, in (2), deleted former (a), which read: “The nonresident student was born in the State of Mississippi but subsequently relocated and resided outside the state as a minor under the care of the minor’s father or mother, or both,” rewrote former (b), which read: “The nonresident student is a veteran who served in the Armed Forces of the United States,” and redesignated it (a), deleted former (c), which read: “The nonresident student is domiciled in Mississippi no later than six (6) months after the nonresident student’s separation from service, as evidenced by a Report of Separation from Military Service or other military discharge document, for the purpose of enrolling in a state institution of higher learning or a community or junior college,” and redesignated former (d) and (e) as (b) and (c).

The 2016 amendment added the second sentence of (2)(a).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

Federal Aspects—

Section 702 of the Veterans Access, Choice and Accountability Act of 2014 is codified in 38 USCS § 3679.

RESEARCH REFERENCES

ALR.

Validity and application of provisions governing determination of residency for purposes of fixing fee differential for out-of-state students in public college. 56 A.L.R.3d 641.

Increase in tuition as actionable in suit by student against college or university. 99 A.L.R.3d 885.

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18 et seq.

CJS.

14 C.J.S., Colleges and Universities § 28.

§ 37-103-27. Responsibility for registration under proper residence status; presentation of false evidence of residence status.

The responsibility for registering under his proper residence status is placed upon the student. In addition to any administrative action which may be taken by the governing authorities of the state-supported institutions of higher learning or junior colleges concerned, any student who wilfully presents false evidence as to his residence status shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined not to exceed one hundred dollars ($100.00).

HISTORY: Codes, 1942, § 6800-14; Laws, 1962, ch. 355, § 4, eff from and after passage (approved May 21, 1962).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-103-29. Consideration of applications of nonresidents for admission.

Nothing in this chapter shall be construed to provide that the board of trustees of state institutions of higher learning or the board of trustees of any junior college is required to consider for admission the application of a nonresident.

HISTORY: Codes, 1942, § 6800-13; Laws, 1962, ch. 355, § 3, eff from and after passage (approved May 21, 1962).

Cross References —

Powers and duties of boards of trustees of junior colleges generally, see §37-29-67.

Powers and duties of board of trustees generally, see §37-101-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18 et seq.

CJS.

14 C.J.S., Colleges and Universities §§ 25, 26.

Chapter 104. Mississippi Educational Facilities Authority Act for Private, Nonprofit Institutions of Higher Learning

§ 37-104-1. Short title.

This chapter may be cited as the “Mississippi Educational Facilities Authority Act for Private, Nonprofit Institutions of Higher Learning.”

HISTORY: Laws, 1985, ch. 480, § 1; reenacted, Laws, 1991, ch. 592, § 1; reenacted, Laws, 1993, ch. 520, § 1, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

ALR.

Liability of private vocational or trade school for fraud or misrepresentations inducing student to enroll or pay fees. 85 A.L.R.4th 1079.

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110-112.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:10 et seq.

CJS.

11 C.J.S., Bonds §§ 7 et seq.

14 C.J.S., Colleges and Universities §§ 6-11.

§ 37-104-3. Legislative determination; declaration of purpose.

It is hereby declared as a matter of express legislative determination that, for the benefit of the people of the State of Mississippi and for the increase of their commerce, welfare and prosperity and for the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that institutions of higher learning within the State of Mississippi be provided with appropriate additional means to assist such youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the public purpose of this chapter to provide a measure of assistance and an alternative method to enable institutions of higher learning in the State of Mississippi to provide the educational facilities and structures which are sorely needed to assist the youth of this state in achieving the required levels of learning and development of their intellectual and mental capacities, to the benefit of all of the people of the State of Mississippi.

HISTORY: Laws, 1985, ch. 480, § 2; reenacted, Laws, 1991, ch. 592, § 2; reenacted, Laws, 1993, ch. 520, § 2, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110-112.

CJS.

14 C.J.S., Colleges and Universities §§ 6-11.

§ 37-104-5. Definitions.

As used in this chapter, the following words and terms shall have the following meanings:

“Authority” means the members of the State Bond Commission, which is composed of the Governor, the Attorney General, and the State Treasurer, under Section 31-17-1, Mississippi Code of 1972, acting as the Educational Facilities Authority for Private, Nonprofit Institutions of Higher Learning.

“Private institution of higher learning” means a nonprofit university, college or junior college within the State of Mississippi, authorized by law to provide a program of education beyond the high school level, which is not under the jurisdiction of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board, and which is accredited by the Southern Association of Colleges and Schools.

“Educational facility” means any facility or structure, including, but not limited to, a housing or dormitory facility, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility, student union building, administration building, and parking facility, and any other facility or structure related thereto, which is essential, useful or convenient for the instruction of students, the conducting of research or the operation and conduct of a private institution of higher learning, and the land underlying said facility or structure, but shall not include any facility or structure used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination or sect.

“Educational facility project” means the construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition of an educational facility.

“Cost of the educational facility project” means the cost of construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition of an educational facility; the cost of all lands, properties, rights-of-way, easements, franchises and interests acquired, used for or in connection with the educational facility; the cost of demolishing or removing buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges, interest prior to and during construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, or equipping of the said educational facility and for one (1) year after completion of said construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition; the cost of engineering, architectural, financial and legal services; the cost of all plans, surveys and specifications; studies, estimates of cost and of revenues, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; the cost of such other expenses as may be necessary or incident to the financing herein authorized of the construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition of any educational facility and the placing of said project in operation. Any obligations or expenses incurred for any of the foregoing purposes shall be regarded as a cost of the educational facility project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this chapter for such educational facility project.

“Participating private institution of higher learning” means a private institution of higher learning which, pursuant to the provisions of this chapter, undertakes an educational facility project, and the financing thereof, or undertakes the refinancing of an educational facility project.

“Revenue bonds” means revenue bonds issued by the Authority, under the provisions of this chapter, to finance or refinance an educational facility project at a participating private institution of higher learning and payable from monies received by the Authority from the participating private institution of higher learning pursuant to the bond loan agreement as defined herein.

“Bond loan agreement” means an agreement between the participating private institution of higher learning and the Authority for the purposes of: (i) establishing the terms for the payment of the revenue bonds by the participating private institution of higher learning; (ii) establishing the collateral of the participating private institution of higher learning which the parties determine to be necessary to secure the payment of the revenue bonds; (iii) establishing the terms for the payment by the Authority to the participating private institution of higher learning of the proceeds from the sale of the revenue bonds for the payment of the costs of the educational facilities project by the participating private institution of higher learning; and (iv) setting forth all other matters relating to the revenue bonds.

HISTORY: Laws, 1985, ch. 480, § 3; reenacted, Laws, 1991, ch. 592, § 3; reenacted, Laws, 1993, ch. 520, § 3; Laws, 2014, ch. 397, § 70, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for ”State Board for Community and Junior Colleges” in (b).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

ALR.

Validity, under state constitution and laws, of issuance by state or state agency of revenue bonds to finance or refinance construction projects at private religious-affiliated colleges or universities. 95 A.L.R.3d 1000.

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110-112.

CJS.

11 C.J.S., Bonds §§ 7 et seq.

14 C.J.S., Colleges and Universities §§ 6-11.

§ 37-104-7. Creation of Authority; nature and administration.

There is hereby created a body politic and corporate to be known as the “Mississippi Educational Facilities Authority for Private, Nonprofit Institutions of Higher Learning,” hereinafter referred to as “the Authority.” The Authority is constituted a public agency and instrumentality of the State of Mississippi and the exercise by the Authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function of the State of Mississippi. The administration of the powers and functions of the Authority shall be conducted by the State Bond Advisory Division, Office of the Governor, subject to the direction and approval of the members of the Authority.

HISTORY: Laws, 1985, ch. 480, § 4; reenacted, Laws, 1991, ch. 592, § 4; reenacted, Laws, 1993, ch. 520, § 4, eff from and after July 1, 1993.

Cross References —

State Bond Advisory Division, see §§7-1-401 through7-1-403.

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-9. General powers of Authority.

The purpose of the Authority shall be to assist private institutions of higher learning in the financing and refinancing of educational facility projects, and for this purpose the Authority is authorized and empowered:

To adopt rules and regulations for the conduct of its affairs and business;

To adopt an official seal and alter the same at its pleasure;

To maintain an office at such place or places as it may designate;

To sue and be sued in its own name;

To borrow money for any of the purposes of this chapter, and to issue revenue bonds therefor, and to provide for the rights of the holders of such bonds, all as hereinafter more particularly provided;

To enter into bond loan agreements with participating private institutions of higher learning;

To receive and accept loans, grants, aid or contributions from any source of either money, property, labor or other things of value to be held, used and applied only for the purposes for which such loans, grants, aid and contributions are made, provided that the purposes of such loans, grants, aid and contributions are not in conflict with any of the provisions of this chapter;

To charge to and apportion among participating private institutions of higher learning its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter;

To do all things necessary or convenient to carry out the purposes of this chapter; and

To physically inspect the educational facilities which are financed or refinanced under the provisions of this chapter, in order to determine whether the participating private institutions of higher learning, or any of their voluntary grantees, are using the educational facilities, or any parts thereof, for sectarian instruction or as places of religious worship or in connection with any parts of the programs of schools or departments of divinity of any religious denominations or sects.

HISTORY: Laws, 1985, ch. 480, § 5; reenacted, Laws, 1991, ch. 592, § 5; reenacted, Laws, 1993, ch. 520, § 5, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110-112.

CJS.

11 C.J.S., Bonds §§ 7 et seq.

14 C.J.S., Colleges and Universities §§ 6-11.

§ 37-104-11. Payment of expenses; liability.

All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter, and no liability shall be incurred by the Authority hereunder beyond the extent to which monies shall have been provided under the provisions of this chapter.

HISTORY: Laws, 1985, ch. 480, § 6; reenacted, Laws, 1991, ch. 592, § 6; reenacted, Laws, 1993, ch. 520, § 6, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-13. Declaration of need by private institution.

The governing board of any private institution of higher learning is hereby authorized and empowered, in its discretion, to declare by resolution to the Authority the need for an educational facility project at said private institution of higher learning and for the issuance of revenue bonds to finance or refinance said educational facility project.

HISTORY: Laws, 1985, ch. 480, § 7; reenacted, Laws, 1991, ch. 592, § 7; reenacted, Laws, 1993, ch. 520, § 7, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-15. Investigation by Authority.

The Authority is hereby authorized and directed, upon receipt from the governing board of any private institution of higher learning of said resolution, to proceed forthwith to make such investigation as it shall deem necessary and proper in order to determine that the private institution of higher learning reasonably shall be expected to produce sufficient revenues over a period not exceeding twenty-five (25) years to retire the revenue bonds issued for the financing or refinancing of the educational facility project as herein authorized, as well as the interest thereon and a reasonable sum for the maintenance, renewal and replacement of such educational facility or facilities or parts thereof, so long as said revenue bonds are outstanding.

HISTORY: Laws, 1985, ch. 480, § 8; reenacted, Laws, 1991, ch. 592, § 8; reenacted, Laws, 1993, ch. 520, § 8, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-17. Issuance of revenue bonds.

Having determined that the private institution of higher learning reasonably can be expected to produce sufficient revenue over a period of twenty-five (25) years to pay the revenue bonds issued for the financing or refinancing of the educational facility project, as well as the interest on the revenue bonds and a reasonable sum for maintenance, renewal and replacement as aforesaid, the Authority shall have the power and is hereby authorized, at one (1) time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds to provide funds for the purpose of financing or refinancing all or any part of the cost of the educational facility project, but in no event shall the amount of the revenue bonds issued for the financing or refinancing of any educational facility project exceed the estimated cost of the educational facility project. The principal of and the interest on the revenue bonds shall be payable solely from a special fund to be provided for that purpose in the manner hereinafter set forth. The revenue bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, not to exceed that rate authorized in Section 75-17-103, Mississippi Code of 1972, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by the bond loan agreement and the resolution of the Authority. However, the revenue bonds shall mature in annual installments beginning not more than three (3) years from date thereof and extending not more than twenty-five (25) years from date thereof. The revenue bonds shall be signed by the president of the Authority, or by his facsimile signature, attested by the secretary of the Authority, and the official seal of the Authority shall be affixed thereto. The interest coupons, if any, to be attached to the revenue bonds may be executed by the facsimile signature of the president of the Authority. Whenever any revenue bonds shall have been signed by the president of the Authority who was in office at the time of such signing but who may have ceased to be president of the Authority prior to the sale and delivery of the revenue bonds or who may have not been in office on the date the revenue bonds may bear, the signatures of such president of the Authority upon the revenue bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the president of the Authority so officially signing the revenue bonds had remained in office until the delivery of the revenue bonds to the purchaser or had been in office on the date the revenue bonds may bear.

HISTORY: Laws, 1985, ch. 480, § 9; reenacted, Laws, 1991, ch. 592, § 9; reenacted, Laws, 1993, ch. 520, § 9, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

Recitals in bonds as to obligations of state upon bonds, see §37-104-29.

Issuance of refunding bonds, see §37-104-35.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

64 Am. Jur. 2d, Public Securities and Obligations §§ 110-112, 164-171.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:30 et seq.

CJS.

11 C.J.S., Bonds §§ 7 et seq.

14 C.J.S., Colleges and Universities §§ 6-11.

§ 37-104-19. Bond loan agreement.

After the determination that the private institution of higher learning shall reasonably be expected to produce sufficient revenue over a period of twenty-five (25) years to pay the revenue bonds issued for the financing or refinancing of the educational facility project, as well as the interest on the revenue bonds and a reasonable sum for maintenance, renewal and replacement, has been made by the Authority, and before the issuance of the revenue bonds, the private institution of higher learning shall enter into a bond loan agreement with the Authority for the purposes of: (a) establishing the terms for the payment of the revenue bonds by the participating private institution of higher learning; (b) establishing the collateral of the participating private institution of higher learning which the parties determine to be necessary to secure the payment of the revenue bonds; (c) establishing the terms for the payment by the Authority to the participating private institution of higher learning of the proceeds from the sale of the revenue bonds for the payment of the costs of the educational facilities project by the participating private institution of higher learning; and (d) setting forth all other matters relating to the revenue bonds.

The bond loan agreement shall also provide that, for as long as the participating private institution of higher learning, or any voluntary grantee of the participating private institution of higher learning, shall own the educational facility which is the subject of the educational facility project, or any part thereof, said educational facility, or any part thereof, shall not be used for sectarian instruction or as a place of religious worship, or used in connection with any part of the program of a school or department of divinity of any religious denomination or sect. This provision shall hereinafter be referred to as “the sectarian use provision” of the bond loan agreement. The bond loan agreement shall set forth the legal description of the real property of the educational facility and the bond loan agreement shall be recorded by the participating private institution of higher learning in the land records of the county (or the applicable judicial district of a county) in which the educational facility is located or is to be located. The bond loan agreement may be recorded in its full text or in a short form evidencing: (a) the names and addresses of the parties; (b) the date of the bond loan agreement; (c) the legal description of the educational facility; (d) a brief summary of the subject matter of the bond loan agreement; and (e) the full text of the sectarian use provision of the bond loan agreement.

The participating private institution of higher learning shall also execute to the Authority, for the benefit of the State of Mississippi, all instruments necessary to perfect in the State of Mississippi a lien or security interest or both, which are first in priority over all other liens and security interests, in the collateral property of the participating private institution of higher learning identified in the bond loan agreement. All such instruments shall contain the full text of the sectarian use provision of the bond loan agreement.

HISTORY: Laws, 1985, ch. 480, § 10; reenacted, Laws, 1991, ch. 592, § 10; reenacted, Laws, 1993, ch. 520, § 10, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

ALR.

Validity, under state constitution and laws, of issuance by state or state agency of revenue bonds to finance or refinance construction projects at private religious-affiliated colleges or universities. 95 A.L.R.3d 1000.

§ 37-104-21. Negotiability of bonds and coupons; tax exemption.

All revenue bonds and interest coupons issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Mississippi Uniform Commercial Code. The revenue bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Laws, 1985, ch. 480, § 11; reenacted, Laws, 1991, ch. 592, § 11; reenacted, Laws, 1993, ch. 520, § 11, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

Negotiable instruments under the Mississippi Uniform Commercial Code, see §§75-3-101 et seq.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 204-208.

CJS.

11 C.J.S., Bonds §§ 62 et seq.

§ 37-104-23. Sale of bonds.

The Authority may sell the revenue bonds in such a manner and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par, plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any revenue bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers published in Jackson, Mississippi, and having general circulation within the State of Mississippi, and in one or more other newspapers or financial journals as may be directed by the Authority.

HISTORY: Laws, 1985, ch. 480, § 12; reenacted, Laws, 1991, ch. 592, § 12; reenacted, Laws, 1993, ch. 520, § 12, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 172 et seq.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:52 et seq.

CJS.

11 C.J.S., Bonds §§ 7 et seq.

§ 37-104-25. Disposition of sale proceeds; issuance of additional revenue bonds.

The proceeds of the sale of revenue bonds shall be paid into the State Treasury to the credit of a special fund known as the Educational Facilities Authority Fund; shall be used solely for financing or refinancing of the cost of the educational facility project, except as hereinafter provided, and shall be disbursed to the participating institution of higher learning upon order of the State Treasurer, pursuant to such restrictions, if any, as the bond loan agreement and the resolution authorizing the issuance of the revenue bonds may provide. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the educational facility project, unless otherwise provided in the bond loan agreement and the resolution authorizing the issuance of the bonds, additional revenue bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the bond loan agreement and the resolution authorizing the issuance of the bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the revenue bonds first issued for the same purpose. If the proceeds of the revenue bonds of any issue shall exceed the amount required for the purpose for which the revenue bonds were issued, the surplus shall be paid into a sinking fund, hereinafter established in Section 37-104-31, for the payment of the principal of and the interest on such revenue bonds.

HISTORY: Laws, 1985, ch. 480, § 13; reenacted, Laws, 1991, ch. 592, § 13; reenacted, Laws, 1993, ch. 520, § 13, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:111 et seq.

§ 37-104-27. Proceedings and conditions for issuance of bonds; validation.

Revenue bonds may be issued without any other proceeding or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required in this chapter. The revenue bonds authorized under this chapter may, in the discretion of the Authority, be validated by the Chancery Court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The necessary papers for such validation proceedings shall be transmitted to the State Bond Attorney by the Authority and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.

HISTORY: Laws, 1985, ch. 480, § 14; reenacted, Laws, 1991, ch. 592, § 14; reenacted, Laws, 1993, ch. 520, § 14, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-29. Liability of state on bonds.

Revenue bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the State of Mississippi or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the sinking fund provided therefor, as hereinafter established in Section 37-104-31. The issuance of such revenue bonds shall not directly, indirectly or contingently obligate the state to levy or pledge any form of taxation whatever therefor, and all such revenue bonds shall contain recitals on their face substantially covering the foregoing provisions of this section.

HISTORY: Laws, 1985, ch. 480, § 15; reenacted, Laws, 1991, ch. 592, § 15; reenacted, Laws, 1993, ch. 520, § 15, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

Terms and conditions of bonds generally, see §37-104-17.

§ 37-104-31. Allocation of payments by private institutions; sinking fund.

The payments to be made by the participating private institution of higher learning, in payment and retirement of the revenue bonds according to the terms of the bond loan agreement, may be pledged and allocated by the Authority to the payment of the principal of and interest on the revenue bonds as the bond loan agreement and the resolution authorizing the issuance of the revenue bonds may provide. Such pledge may include funds received from one or more or all sources and shall be set aside at regular intervals into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:

The interest upon such revenue bonds as such interest shall accrue;

The principal of the revenue bonds as the same shall become due;

The necessary charges of the paying agent or paying agents for paying principal and interest of and on such bonds; and

Any premium on bonds retired by call or purchase as may be provided herein.

The use and disposition of such sinking fund shall be subject to such terms as may be provided in the bond loan agreement and the resolution authorizing any issue of revenue bonds, but except as may otherwise be provided in said bond loan agreement and authorizing resolution, such sinking fund shall be a fund for the benefit of all revenue bonds issued under such resolution, without distinction or priority of one over the other. Subject to the provisions of the bond loan agreement and the resolution authorizing the issuance of the revenue bonds, surplus monies in the sinking fund may be applied to the purchase or redemption of any of such revenue bonds, and any such revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

HISTORY: Laws, 1985, ch. 480, § 16; reenacted, Laws, 1991, ch. 592, § 16; reenacted, Laws, 1993, ch. 520, § 16, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

Provision that surplus funds shall be paid into sinking fund, see §37-104-25.

Provision that revenue bonds issued under this chapter are not debts of the state, see §37-104-29.

§ 37-104-33. Rights of bond and coupon holders.

Any holder of revenue bonds issued under the provisions of this chapter, or of any of the interest coupons pertaining thereto, except to the extent that such rights are not restricted by the bond loan agreement and the resolution directing the issuance of such revenue bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted hereunder and under the bond loan agreement and the authorizing resolution; and may enforce and compel performance of all duties required by this chapter and by the bond loan agreement and the authorizing resolution. No holder of any revenue bonds shall have the right to compel any exercise of taxing power by the State of Mississippi to provide funds to pay any such revenue bonds or the interest thereon, or to enforce the payment thereof against any property of the State of Mississippi; nor shall any such revenue bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state.

HISTORY: Laws, 1985, ch. 480, § 17; reenacted, Laws, 1991, ch. 592, § 17; reenacted, Laws, 1993, ch. 520, § 17, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 209 et seq.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:131 et seq.

CJS.

11 C.J.S., Bonds §§ 99 et seq.

§ 37-104-35. Issuance of refunding bonds.

The Authority is authorized to provide by resolution for the issuance of revenue-refunding bonds for the purpose of refunding any revenue bonds issued under the provisions of this chapter and then outstanding, together with interest thereon to the date of such refunding bonds, and redemption premium thereon, if any. The issuance of such revenue-refunding bonds, the maturity, and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect thereto shall be governed by the provisions of this chapter insofar as the same may be applicable.

HISTORY: Laws, 1985, ch. 480, § 18; reenacted, Laws, 1991, ch. 592, § 18; reenacted, Laws, 1993, ch. 520, § 18, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

15 Am. Jur. Legal Forms 2d, Public Securities and Obligations §§ 214:91 et seq.

§ 37-104-37. Bonds as legal investments and securities.

All revenue bonds issued under the provisions of this chapter shall be legal investments for trustees, other fiduciaries, savings banks, trust companies, and insurance companies organized under the laws of the State of Mississippi; and such revenue bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and public subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Laws, 1985, ch. 480, § 19; reenacted, Laws, 1991, ch. 592, § 19; reenacted, Laws, 1993, ch. 520, § 19, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-39. Acceptance of grants, loans, aid, or contributions.

The Authority, in addition to the monies which may be received by it from the sale of revenue bonds and from the receipt of payments by the participating private institution of higher learning for the payment of the revenue bonds pursuant to the bond loan agreement, shall have the authority to accept from any public or private agency, or from any individual, grants, loans, aid or contributions for or in aid of the educational facility project or for the payment of the revenue bonds for said educational facility project, and to receive and accept grants, loans, aid or contributions, from any source, of money or property or other things of value to be held, used, and applied only for the purposes for which such grants, loans, aid or contributions may be made, provided the purposes of such loans, grants, aid or contributions are not in conflict with any of the provisions of this chapter.

HISTORY: Laws, 1985, ch. 480, § 20; reenacted, Laws, 1991, ch. 592, § 20; reenacted, Laws, 1993, ch. 520, § 20, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 35 et seq.

CJS.

14 C.J.S., Colleges and Universities §§ 6-11.

§ 37-104-41. Monies received deemed trust funds.

All monies received by the Authority pursuant to this chapter, from any source whatever, shall be deemed to be trust funds to be held and applied solely as provided herein.

HISTORY: Laws, 1985, ch. 480, § 21; reenacted, Laws, 1991, ch. 592, § 21; reenacted, Laws, 1993, ch. 520, § 21, eff from and after July 1, 1993.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-43. Withdrawals from Educational Facilities Authority Fund.

The funds which are transferred from the sale of revenue bonds to the special fund in the State Treasury known as the Educational Facilities Authority Fund may be withdrawn only in the following manner: Said funds shall be paid by the State Treasurer upon warrants issued by the State Auditor of Public Accounts, which warrants shall be issued upon requisition by the Authority, signed by the Governor. All expenditures ordered by the Authority shall be evidenced by complete records maintained by the Authority of said expenditures, and the Authority shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.

HISTORY: Laws, 1985, ch. 480, § 22; reenacted, Laws, 1991, ch. 592, § 22; reenacted, Laws, 1993, ch. 520, § 22, eff from and after July 1, 1993.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-45. Construction of chapter.

This chapter shall be deemed to provide a complete, additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; provided, the issuance of revenue bonds and revenue-refunding bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds. Except as otherwise expressly provided herein, none of the powers granted to the Authority under the provisions of this chapter shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any department, division, commission, board, body, bureau, official or agency thereof, or of any other state agency, department, division, commission, board, body, bureau, or official.

The powers and duties conferred upon the State Bond Commission, and its members, the Governor, the Attorney General and the State Treasurer, acting as the Authority, are supplemental to and not to conflict with the duties and powers conferred upon the State Bond Commission, the Governor, the Attorney General, and State Treasurer by law.

HISTORY: Laws, 1985, ch. 480, § 23; reenacted, Laws, 1991, ch. 592, § 23; reenacted, Laws, 1993, ch. 520, § 23, eff from and after July 1, 1993.

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Last date for issuance of bonds under §§37-104-1 through37-104-45, see §37-104-49.

§ 37-104-47. Repealed.

Repealed by Laws, 1988, ch. 362, § 1, eff from and after July 1, 1988.

[Laws, 1985, ch. 480, § 24]

Editor’s Notes —

Former §37-104-47 provided that no bonds could be issued pursuant to the provisions of this chapter after July 1, 1988.

§ 37-104-49. Final date for issuance of bonds.

No bonds may be issued under Sections 37-104-1 through 37-104-45 after July 1, 1996.

HISTORY: Laws, 1988, ch. 362, § 2; reenacted and amended, Laws, 1991, ch. 592, § 24; reenacted and amended, Laws, 1993, ch. 520, § 24, eff from and after July 1, 1993.

Chapter 105. Campuses and Streets of State Institutions of Higher Learning

§ 37-105-1. Enactment of traffic rules and regulations.

The board of trustees of state institutions of higher learning is hereby authorized and empowered to enact traffic rules and regulations for the control, direction, parking and general regulation of traffic and automobiles on the campus and streets of any state institution of higher learning under the supervision of such board.

Any rules and regulations promulgated hereunder shall become effective only after notice of the enactment of same has been published in three consecutive weekly issues of the college newspaper and in a newspaper published and having general circulation in the county or municipality where the institution to which same pertain is located; such notice shall state where the full text of such rules and regulations may be found on file. In addition, such rules and regulations shall be posted on five bulletin boards at each such institution for a period of four weeks after their promulgation.

HISTORY: Codes, 1942, § 6726.7; Laws, 1954, ch. 281, §§ 1-4.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Mississippi Department of Transportation to construct, repair and maintain driveways and streets on grounds of universities and colleges under jurisdiction of Board of Trustees of the State Institutions of Higher Learning, see §65-1-37.

JUDICIAL DECISIONS

1. In general.

This section [Code 1942, § 6726.7] is not unconstitutional, either as an unwarranted delegation of legislative power, or for vagueness. Cohen v. Mississippi State University of Agriculture & Applied Science, 256 F. Supp. 954, 1966 U.S. Dist. LEXIS 6576 (N.D. Miss. 1966).

§ 37-105-3. Enforcement of traffic rules and regulations; jurisdiction of law enforcement officers appointed by state institutions of higher learning.

  1. The traffic officers duly appointed by the president of any state institution of higher learning, or any peace officer or highway patrolman of this state, are vested with the powers and authority to perform all duties incident to enforcing such rules and regulations as may be enacted under the authority granted in Section 37-105-1, including the arrest of violators.
  2. The peace officers duly appointed by the president of any state institution of higher learning are also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the university, if such universities determine that they want such peace officers to exercise such powers and if reasonably determined to have a possible impact on the safety of students, faculty or staff of the university while on said property. If a university determines that it wants such peace officers to exercise such powers, the university may enter into an interlocal agreement with other law enforcement entities specifying the individual and joint duties to be exercised on property within the peace officers’ jurisdiction. Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by such universities to events occurring outside the boundaries of university property, nor shall any such university or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the university.

    With approval from the Board of Trustees of State Institutions of Higher Learning, the university may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of university property lies with the local police or sheriff’s department which cannot withhold its services solely because of the lack of such an agreement.

HISTORY: Codes, 1942, § 6726.7; Laws, 1954, ch. 281, §§ 1-4; Laws, 2007, ch. 599, § 1; Laws, 2015, ch. 405, § 1, eff from and after July 1, 2015.

Amendment Notes —

The 2007 amendment added (2) and redesignated the former first paragraph as present (1).

The 2015 amendment, in (2), in the first paragraph, substituted “appointed by the president of any state institution of higher learning” for “employed by Jackson State University and the University of Southern Mississippi” at the beginning of the first sentence, and added the second sentence; and in the second paragraph, substituted “With approval from the Board of Trustees of State Institutions of Higher Learning, the university” for “Jackson State University and the University of Southern Mississippi.

JUDICIAL DECISIONS

1. In general.

This section [Code 1942, § 6726.7] is not unconstitutional, either as an unwarranted delegation of legislative power, or for vagueness. Cohen v. Mississippi State University of Agriculture & Applied Science, 256 F. Supp. 954, 1966 U.S. Dist. LEXIS 6576 (N.D. Miss. 1966).

§ 37-105-5. Penalty for violations of traffic rules and regulations.

Violation of any rules or regulations promulgated under the authority granted in Section 37-105-1 shall constitute a misdemeanor. Any person charged with a violation of such rules or regulations may be charged with such violation in the justice court of the county in which such violation occurred. Any person convicted of a violation of any such rule or regulation may be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment.

HISTORY: Laws, 1981, ch. 471, § 49, eff from and after January 1, 1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §9-11-27(3).

Editor’s Notes —

Laws of 1981, ch. 471, § 60, as amended by Laws of 1982, ch. 423, § 28 provides as follows:

“SECTION 60. Section 8 of this act shall take effect and be in force from and after the date it is finally effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended. Sections 4, 48 and 59 of this act shall take effect and be in force from and after passage. Sections 17 and 22 of this act shall take effect and be in force from and after March 31, 1982. Sections 15, 16 and 58 of this act shall take effect and be in force from and after July 1, 1983. Sections 20, 23, 24, 25, 26, 27, 29, 30, 31, 34, 35, 36, 37, 38, 39, 41, 42, 46, 47, 49, 50, 51, 52, 54, 55, 56 and 57 of this act shall take effect from and after January 1, 1984, or with respect to a given county, from and after such earlier date as such county elects to employ a clerk for the justice court of such county in accordance with the provisions of subsection (3) of Section 7 of this act. Sections 9, 10, 18, 19 and 43 of this act shall take effect and be in force from and after January 1, 1984.”

Cross References —

Enactment of traffic rules and regulations for campuses and streets of state institutions of higher learning, see §37-105-1.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

This section [Code 1942, § 6726.7] is not unconstitutional, either as an unwarranted delegation of legislative power, or for vagueness. Cohen v. Mississippi State University of Agriculture & Applied Science, 256 F. Supp. 954, 1966 U.S. Dist. LEXIS 6576 (N.D. Miss. 1966).

§ 37-105-7. Animals running at large.

The board of trustees of state institutions of higher learning is hereby authorized and empowered to prevent or regulate the running at large of animals of all kinds on the campus and the streets of any state institution of higher learning under the supervision of such board, and to cause such animals as may be running at large to be impounded and a charge made against the owner to discharge the cost and expenses of keeping the same. If the owner of any such animal does not pay such cost within the time prescribed by the board of trustees of state institutions of higher learning, such impounded animal may be sold to discharge the cost and expense of impounding and selling the same.

If the owner of any such animal does not pay such cost within the time prescribed by the board of trustees of state institutions of higher learning and if such impounded animal cannot be sold to discharge the cost and expense of impounding and selling the same, such impounded animal may be sold or donated to research organizations.

HISTORY: Codes, 1942, § 6726.8; Laws, 1966, ch. 424, §§ 1, 2, eff from and after passage (approved June 10, 1966).

Cross References —

Control of animals running at large in counties, see §19-5-50.

Municipal control of animals running at large, and establishment of municipal dog pounds, see §21-19-9.

Duties of conservation officer with respect to dogs running at large, see §41-53-11.

Penalties against owners of dogs found running at large, see §41-53-13.

§ 37-105-9. Application of general criminal laws of state.

Any act which, if committed within the limits of a city, town or village, or in any public place, would be a violation of the general laws of this state, shall be criminal and punishable if done on the campus, grounds or roads of any of the state institutions of higher learning. The peace officers duly appointed by the board of trustees of state institutions of higher learning are vested with the powers and subjected to the duties of a constable for the purpose of preventing and punishing all violations of law on university or college grounds, and for preserving order and decorum thereon.

HISTORY: Codes, 1892, § 4456; 1906, § 5033; Hemingway’s 1917, § 7931; 1930, § 7200; 1942, § 6706; Laws, 1946, ch. 315, § 1; Laws, 1962, ch. 366, eff from and after passage (approved May 28, 1962).

OPINIONS OF THE ATTORNEY GENERAL

Areas in a medical mall in which the University of Mississippi Medical Center has exclusive leasehold rights of possession constitute university or college grounds within the meaning of the statute; areas in a medical mall in which the University of Mississippi Medical Center has a right of possession in common with others do not. Conerly, July 24, 1998, A.G. Op. #98-0394.

The board of trustees of a university may, by entry in its minutes, appoint individuals as peace officer or campus police officer. Conerly, July 24, 1998, A.G. Op. #98-0394.

Chapter 106. Post-Secondary Education Financial Assistance

§ 37-106-1. Short title.

This chapter shall be cited as the “Post-Secondary Education Financial Assistance Law of 1975.”

HISTORY: Law, 1975, ch. 507, § 1, eff from and after passage (approved April 8, 1975).

Cross References —

Provisions for setoff against income tax refund for debt owed on default on educational loan, see §§27-7-701 et seq.

Allocation for student loans under Mississippi Private Activity Bonds Allocation Act, see §31-23-63.

Eligibility for scholarships and loans based on compliance with Federal Military Selective Service Act, see §37-101-283.

RESEARCH REFERENCES

ALR.

Liability of private vocational or trade school for fraud or misrepresentations inducing student to enroll or pay fees. 85 A.L.R.4th 1079.

§ 37-106-3. Declaration of purpose.

  1. The Legislature hereby finds and declares that:
    1. By legislative enactment, programs are herein created wherein Mississippi residents are granted forgivable loans in certain professional fields in return for their contractual obligation to perform services in such professions under a variety of requirements of location, duration, manner and mode of service, and institution in which performed;
    2. There is a need for the creation of additional forgivable loan programs for the purpose of encouraging eligible Mississippi residents to enter into professional schools, and that, in particular, there should be programs to encourage the participation of minorities in graduate professional programs in the institutions of this state;
    3. There is a need to create an ability within the board to fashion new and innovative systems for the financing of forgivable loan programs by combining the use of private sector loans for education and guaranteed student loans with loan repayment programs promulgated by the board; and
    4. The board should be granted authority to devise and develop such innovative systems to obtain the most efficient use of state funds to encourage entry and service in certain professional fields.
  2. The purpose of the Legislature in the passage of this chapter is to make manifest the belief that the continued growth and development of Mississippi requires that all Mississippi youth be assured ample opportunity for the fullest development of their abilities and to recognize that this opportunity will not fully materialize unless the State of Mississippi moves to encourage and financially assist our young people in their efforts. This chapter shall be broadly construed to accomplish that purpose.

HISTORY: Laws, 1975, ch. 507, § 2; Laws, 2014, ch. 538, § 1, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment added (1).

§ 37-106-5. Definitions.

  1. For purposes of this chapter, the following words shall be defined as follows unless the context requires otherwise:
    1. “Eligible applicant or eligible student” means an individual who completes an application by the published application deadline for a given student financial assistance program, meets all initial or continuing eligibility requirements for the program and enrolls in an approved institution for the given program.
    2. “Approved institution” means an institution of higher learning, public or private, which is accredited by the Southern Association of Colleges and Secondary Schools, or its equivalent or a business, vocational, technical or other specialized school recognized and approved by the Postsecondary Education Financial Assistance Board.
    3. “Board” means the Postsecondary Education Financial Assistance Board created by Section 37-106-9 authorized and empowered to administer the provisions of this chapter.
    4. “Financial need” means anticipated expenses of an eligible student while attending an approved institution which cannot reasonably be met by said student or by the parents thereof as shall be determined according to the criteria established by the rules and regulations of the board. Financial need shall be reevaluated and redetermined at least annually.
    5. “Agency” means the Board of Trustees of State Institutions of Higher Learning.
    6. “Renewal applicant or renewal student” means a student who previously received funding for a given program.
    7. “Resident,” “resident status” or “residency” shall be defined and determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, with the exception of Section 37-103-17. Unless excepted by the rules of a given program, an applicant must be a Mississippi resident to qualify for financial assistance under this chapter.
    8. “Dependent” shall be defined and used in the same manner as the term “minor” in Sections 37-103-1 through 37-103-29. The board will follow the federal guidelines for classifying a student as “dependent” or “independent.”

HISTORY: Laws, 1975, ch. 507, § 3; Laws, 1987, ch. 415, § 1; Laws, 2014, ch. 538, § 2, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment deleted former (d), which read: “ ‘Fund’ means the post-secondary education assistance fund created by Section 37-106-13” and redesignated (e) and (f) as (d) and (e); added (f) through (h); and substituted “completes an application by the published application deadline for a given student financial assistance program, meets all initial or continuing eligibility requirements for the program and enrolls in an approved institution for the given program” for “is a bona fide resident of Mississippi or an out-of-state student who is enrolled or accepted for attendance at an approved institution located in Mississippi in a course of study including at least six (6) semester hours or the full-time equivalent thereof” in present (a).

§ 37-106-7. Seminarians.

Any student desiring to study for the ministry or priesthood may attend a college, university or seminary outside the state provided there is no college, university or seminary serving his faith or doctrine in which he can study for the ministry in the State of Mississippi.

HISTORY: Laws, 1975, ch. 507, § 3, eff from and after passage (approved April 8, 1975).

RESEARCH REFERENCES

Lawyers’ Edition.

Establishment and free exercise of religion clauses of Federal Constitution’s first Amendment as applied to public schools – Supreme Court Cases. 96 L. Ed. 2d 828.

§ 37-106-9. Post-secondary education financial assistance board; members; director.

  1. There is hereby created the Postsecondary Education Financial Assistance Board which shall consist of the following nine (9) members and two (2) nonvoting advisory members: two (2) people to be appointed by the Board of Trustees of State Institutions of Higher Learning, one (1) from its membership to serve for an initial period of four (4) years and one (1) institutional representative to serve for an initial period of three (3) years; two (2) people to be appointed by the Mississippi Community College Board, one (1) from its membership to serve for an initial period of three (3) years and one (1) institutional representative to serve for an initial period of two (2) years; two (2) people to be appointed by the Governor, one (1) to serve for an initial period of two (2) years and one (1) to serve for an initial period of one (1) year; two (2) people to be appointed by the Executive Director of the Mississippi Association of Independent Colleges and Universities, one (1) association representative to serve for an initial period of two (2) years and one (1) institutional representative to serve for an initial period of one (1) year; and one (1) person to be appointed by the Lieutenant Governor for an initial period of (4) years. All subsequent appointments shall be for a period of four (4) years. Vacancies shall be filled for the length of the unexpired term only. The board shall elect from its membership a chairman. Additionally, the Chairmen of the House and Senate Universities and Colleges Committees shall serve as nonvoting advisory members.
  2. The agency shall designate one (1) member of its staff to serve as director, to administer the provisions of this financial assistance program. The director shall be assigned by the agency sufficient staff, professional and clerical, funds and quarters to administer this program.
  3. The director:
    1. Subject to the review of the board, shall have the power of final approval of any application submitted;
    2. Subject to the approval of the board, shall have authority to promulgate the necessary rules and regulations for effective administration of this chapter, including the method of making application for assistance authorized by this chapter.

HISTORY: Laws, 1975, ch. 507, § 4; Laws, 1986, ch. 434, § 15; Laws, 2014, ch. 397, § 45; Laws, 2014, ch. 538, § 3, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 3 of Chapter 538, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), amended this section. Section 45 of Chapter 397, Laws of 2014, effective from and after July 1, 2014 (approved May 1, 2014), also amended this section. As set out above, this section reflects the language of Section 3 of Chapter 538, Laws of 2014, which contains language that specifically provides that it supersedes §37-106-9 as amended by Chapter 397, Laws of 2014.

Amendment Notes —

The first 2014 amendment (ch. 397) substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the first sentence of (1).

The second 2014 amendment (ch. 538), in (1), rewrote the first sentence to authorize the appointment of additional members to the board, and added the last sentence; and deleted “and the agency” following “approval of the board” in (3)(b).

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Mississippi Resident Tuition Assistance Grant Program to be administered by Board established under this section, see §37-106-29.

Mississippi Eminent Scholars Fund to be administered by Board established under this section, see §37-106-31.

§ 37-106-11. Post-secondary education financial assistance board; compensation; powers; annual report.

  1. The members of the board shall serve without pay.
  2. The board is hereby vested with full and complete authority and power to sue in its own name any person for any balance, including principal, interest and reasonable collection costs or attorney’s fees, due and owing the state on any uncompleted contract.
  3. The board shall promulgate rules and regulations to govern the state grant and forgivable loan programs authorized in this chapter.
  4. When appropriate, the board shall administer the Nissan Scholarship Program.
  5. All funds administered by the board shall be accounted for in an annual report that shall be submitted to the Legislature within ten (10) days after the convening thereof each year. The report should detail for each grant or forgivable loan program the number of recipients, the total amount of awards made, and the average award amount. The report shall include the number of students at each institution receiving financial assistance and the amount of the assistance. For forgivable loan programs, the report shall also include a summary of the repayment status and method of repayment for student cohorts as well as an accounting of the receipt of funds in repayment.

HISTORY: Laws, 1975, ch, 507, § 5; Laws, 2014, ch. 538, § 4, eff from and after July 1, 2014; Laws, 2018, ch. 387, § 1, eff from and after passage (approved March 19, 2018).

Amendment Notes —

The 2014 amendment substituted “including principal, interest and reasonable collection costs or attorney’s fees due and owing the state on any uncompleted contract” for “including principal and interest, due and owing the state on any uncompleted contract, which suit shall be initiated by the attorney general, upon resolution adopted by the board” in (2), added (3); and rewrote former (3), which read: “The board shall submit to the legislature, on or before January 1, a report of expenditures and receipts in the fund. Such report shall include the number of students enrolled at each participating institution, the number of students at each receiving financial assistance and the amount of such assistance, and an estimate of the financial requirements of the program for the next year. The amount of repayment that is in arrears shall also be included” and redesignated it (4).

The 2018 amendment, effective March 19, 2018, added (4) and redesignated former (4) as (5).

§ 37-106-12. Postsecondary Education Financial Assistance Trust Fund created; components of fund; investment of principal.

  1. There is hereby created in the State Treasury a special trust fund to be known as the Postsecondary Education Financial Assistance Trust Fund. The trust fund shall consist of all monies designated by the Legislature for deposit therein and any gift, donation, bequest, trust, grant, endowment, transfer of money or securities, or any other monies from any source whatsoever, designated for deposit in the trust fund.
  2. The principal of the trust fund shall remain inviolate and shall be invested by the State Treasurer in the same manner as provided by Section 27-105-33, Mississippi Code of 1972, for the investment of excess state funds. Interest and income derived from investment of the principal of the trust fund shall be appropriated by the Legislature for expenditure as provided in this chapter.

HISTORY: Laws, 2014, ch. 538, § 5, eff from and after July 1, 2014.

§ 37-106-13. Repealed.

Repealed by Laws, 1991, ch. 547, § 14, eff from and after July 1, 1991.

[Laws, 1975, ch. 507, § 6(1), eff from and after passage (approved April 8, 1975)].

Editor’s Notes —

Former §37-106-13 provided for the establishment of a post-secondary education assistance fund. For current provisions pertaining to post secondary education assistance, see §§37-143-1 et seq.

Laws of 1991, ch. 547, § 18, effective July 1, 1991, provides as follows:

“SECTION 18. The Board of Trustees of State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

§ 37-106-14. Use of funds appropriated for implementing forgivable loan programs.

  1. The Legislature may appropriate funds annually to implement, administer and make awards under the programs provided for in this chapter. The board may seek, accept and expend funds from any source, including private business, industry, foundations and other groups as well as any federal or other governmental funding available for this purpose.
  2. Subject to the availability of funds, it is the intent of the Legislature to first fund grant awards to eligible students. If funds are insufficient to fully fund grant awards to eligible students, grant awards shall be prorated among all eligible students. No student shall receive any combination of student financial aid in excess of the cost of attendance. After grant awards are made, it is the intent of the Legislature to fund forgivable loan awards to eligible renewal students and then to eligible new students on a first-come, first-served basis.
  3. At the end of the fiscal year, any unexpended balances appropriated by the Legislature for the implementation or administration of programs provided for in this chapter shall not lapse into the State General Fund, but shall carry over and be available for expenditure in the succeeding fiscal year, subject to appropriation therefor by the Legislature.

HISTORY: Laws, 2014, ch. 538, § 6, eff from and after July 1, 2014.

§ 37-106-15. Administration of chapter.

The earned interest paid into the post-secondary education assistance fund as provided in Section 37-106-13 shall be utilized to finance the cost of administration of this chapter. All remaining interest after payment of such administrative expenses shall be utilized to provide additional loans.

HISTORY: Laws, 1975, ch. 507, § 6(2); Laws, 1976, ch. 346, eff from and after passage (approved April 14, 1976).

Editor’s Notes —

Section37-106-13, referred to in this section, was repealed by Laws of 1991, ch. 547, § 14, eff from and after July 1, 1991. For current provisions pertaining to post secondary education assistance, see §§37-143-1 et seq.

§ 37-106-17. Applications for assistance.

Any student desiring financial assistance shall submit an application to the board on an annual basis. The director shall adhere to the board’s rules and regulations promulgated under authority of this chapter in determining the eligibility of each applicant and in administering the programs authorized in this chapter.

HISTORY: Laws, 1975, ch. 507, § 6(3); Laws, 2014, ch. 538, § 7, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment deleted “and who is in attendance or accepted for attendance at an approved institution” following “desiring financial assistance” and inserted “on an annual basis” at the end of the first sentence; substituted “adhere to the board’s rules and” for “use the criteria as are established by the” and inserted “and in administering the programs authorized in this chapter” at the end of the second sentence; and deleted the last two sentences, which read “If it appears to the board that sufficient funds will not be available to fund loans to all eligible applicants, the board may provide that priority shall be given those applicants with the greatest demonstrated financial need, and may limit the amount of financial assistance to any applicant to the amount of such applicant’s demonstrated financial need. Provided, however, that no such loan shall be approved unless the repayment of such loan is guaranteed by an agency of the federal government.”

Cross References —

Eligibility for scholarships and loans based on compliance with Federal Military Selective Service Act, see §37-101-283.

§ 37-106-19. Contract for repayment to be signed by applicant.

Each eligible applicant before being granted financial assistance through a forgivable loan program under this chapter shall enter into a contract with the board, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the financial assistance shall be granted to him, which shall include full repayment of all monies granted.Said contract shall include such terms and provisions as shall carry out the full purpose and intent of this chapter; and the form shall be prepared and approved by the Attorney General of this state, and shall be signed by the director and the applicant. All disabilities of minority are removed for purposes of this chapter.

HISTORY: Laws, 1975, ch. 507, § 6(4); Laws, 2014, ch. 538, § 8, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment inserted “through a forgivable loan program under this chapter” near the beginning of the first sentence; and substituted “signed by the director and the applicant” for “signed by the chairman of the board, countersigned by the director, and signed by the applicant” in the second sentence.

Cross References —

Authority of the Attorney General to prepay court costs in civil actions for the recovery of delinquent sums owed to the Mississippi Guaranteed Student Loan Program, see §7-5-66.

RESEARCH REFERENCES

ALR.

Liability of private vocational or trade school for fraud or misrepresentations inducing student to enroll or pay fees. 85 A.L.R.4th 1079.

§ 37-106-21. Conditions and limitations on disbursal of funds.

Unless otherwise required to secure a guarantee of a loan, all funds disbursed under the provisions hereof shall be subject to the following conditions and limitations:

The annual award to any recipient may be paid as required by federal laws and regulations governing the Guaranteed Student Loan Program.

Payments under this chapter shall be made by the State Treasurer upon certification by the board of final approval of the recipient of each loan.

Payments shall be made directly to the approved institution attended or to be attended by the student named in such certificate by check or transfer of funds made payable to the institution and accompanied by a student roster.

In the event a student on whose behalf an award has been paid shall not be enrolled and carrying a minimum academic load or program as of the fifteenth classroom day following the beginning of the term for which such award was paid, the institution shall refund to the state the amount paid on behalf of such student.If at any time during the period of the loan, the student withdraws and is entitled to any refund or remittance of fees or tuition, such amount shall be repaid into the fund.

HISTORY: Laws, 1975, ch. 507, § 7; Laws, 1976, ch. 345; Laws, 1987, ch. 415, § 2; Laws, 2014, ch. 538, § 9, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment redesignated former (1) through (4) as present (a) through (d); substituted “by check or transfer of funds made payable to the institution and accompanied by a student roster” for “by check made payable to both the student and the institution as required by laws governing the Guaranteed Student Loan Program” in (c).

Cross References —

Eligibility for scholarships and loans based on compliance with Federal Military Selective Service Act, see §37-101-283.

§ 37-106-23. Funds to implement federal guaranteed student loan program.

The board shall use the funds available to make possible the implementation of a guaranteed student loan program as provided for by any act of congress.

HISTORY: Laws, 1975, ch. 507, § 8; Laws, 1987, ch. 415, § 3, eff from and after July 1, 1987.

Cross References —

Eligibility for scholarships and loans based on compliance with federal Military Selective Service Act, see §37-101-283.

§ 37-106-25. Repealed.

Repealed by Laws of 2014, ch. 538, § 10, effective from and after July 1, 2014.

§37-106-25. [Laws, 1975, ch. 507, § 9, eff from and after passage (approved April 8, 1975]

Editor’s Notes —

Former §37-106-25 provided a preference for renewals.

§ 37-106-27. Cooperation with Student Loan Marketing Association.

The board shall have full authority to deal with the Student Loan Marketing Association (Sallie Mae) and to participate in any and all of its programs, including investment in its stock, and to deal with and to participate in any programs of any other secondary market for student loans.

HISTORY: Laws, 1975, ch. 507, § 10; Laws, 1983, ch. 340, eff from and after passage (approved March 14, 1983).

§ 37-106-29. Mississippi Resident Tuition Assistance Grant Program for college or university undergraduate students.

  1. There is established the Mississippi Resident Tuition Assistance Grant Program for college or university freshmen, sophomores, juniors and seniors to be administered by the Mississippi Postsecondary Education Financial Assistance Board established under Section 37-106-9, Mississippi Code of 1972, which shall set the dates and deadlines for applying for an award under this section. The board shall establish such rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.
  2. The board shall approve grants to full-time freshmen, sophomore, junior and senior Mississippi residents who meet the general requirements for student eligibility as provided in subsection (4) of this section.
  3. Mississippi Resident Tuition Assistance Grants shall be for Mississippi resident students from any Mississippi family whose prior year adjusted gross income (AGI) exceeds the maximum allowed to qualify for full Pell Grant eligibility and campus-based federal aid. Those Mississippi students qualifying for less than the full Pell Grant award shall receive a Mississippi Resident Tuition Assistance Grant in an amount not to exceed the maximum Pell Grant allowable for that individual student. The award shall be applied to tuition, rooms and meals, books, materials and fees not to exceed One Thousand Dollars ($1,000.00) for junior and senior students attending state institutions of higher learning in Mississippi or four-year regionally accredited, state-approved, nonprofit colleges and universities in Mississippi, and Five Hundred Dollars ($500.00) for freshmen and sophomores attending state institutions of higher learning or public community or junior colleges in Mississippi, or regionally accredited, state-approved, nonprofit two-year or four-year colleges in Mississippi, which will be prorated per term, semester or quarter of the academic year for costs of attendance, calculated according to the formula specified in subsection (8) of this section.
  4. The general requirements for initial eligibility of students for Mississippi Resident Tuition Assistance Grants consist of the following:
    1. Member of a Mississippi family whose prior year adjusted gross income (AGI) exceeds the maximum allowed to qualify for Pell Grant eligibility and campus-based federal aid.
    2. Acceptance for enrollment at any state institution of higher learning or public community or junior college located in Mississippi, or any regionally accredited, state-approved, nonprofit two-year or four-year college or university located in Mississippi and approved by the board.
    3. Completion of a secondary education as follows:
      1. Graduation from high school verified by the institution before disbursement of award with a minimum grade point average of 2.5 calculated on a 4.0 scale after seven (7) semesters as certified by the high school counselor or other authorized school official on the application; or
      2. Attendance at a home education program during grade levels 9 through 12; or
      3. Satisfactory completion of the High School Equivalency Diploma; or
      4. Successful completion of the International Baccalaureate Program.
    4. A minimum score of fifteen (15) on the ACT test except that any student entering a vocational or technical program of study, or who has satisfactorily completed the High School Equivalency Diploma Test and attends a community or junior college will not be required to have a test score under the ACT unless a student enrolls in courses of academic study.
    5. Any student currently enrolled in any qualified institution shall have to only meet the same requirements as students who are applying for a renewal award.
  5. By accepting a Mississippi Resident Tuition Assistance Grant, the student is attesting to the accuracy, completeness and correctness of information provided to demonstrate the student’s eligibility. Falsification of such information shall result in the denial of any pending grant and revocation of any award currently held to the extent that no further payments shall be made. Any student knowingly making false statements in order to receive a grant shall be guilty of a misdemeanor punishable, upon conviction thereof, by a fine of up to Ten Thousand Dollars ($10,000.00), a prison sentence of up to one (1) year in the county jail, or both, and shall be required to return all Mississippi Resident Tuition Assistance Grants wrongfully obtained.
  6. Eligibility for renewal of Mississippi Resident Tuition Assistance Grants shall be evaluated at the end of each semester, or term, of each academic year. As a condition for renewal, a student shall:
    1. Make steady academic progress toward a certificate or degree, as outlined in the school Satisfactory Academic Progress Standards and certified by the institution’s registrar.
    2. Maintain continuous enrollment for not less than two (2) semesters or three (3) quarters in each successive academic year, unless granted an exception for cause by the administering board; examples of cause may include student participation in a cooperative program, internship program or foreign study program. If a student fails to maintain continuous enrollment, and is not granted an exception for cause by the administering board, the student is ineligible to receive the Mississippi Resident Tuition Assistance Grant during the following semester or trimester or term of the regular academic year.
    3. Have a cumulative grade point average of at least 2.50 calculated on a 4.0 scale at the end of each semester or trimester or term.
  7. Each student, each year, must complete a Free Application for Federal Student Aid form or a Statement of Certification as designed by the administering board to determine his/her eligibility for a Mississippi Resident Tuition Assistance Grant.
    1. The amount of the Mississippi Resident Tuition Assistance Grant awarded to any one (1) student, up to the maximum amount provided in subsection (3) of this section, shall be the difference of the student’s cost of attendance at his accredited college of choice and the amount of federal aid such student may receive, not to supplant but to supplement the amount of any federal aid awarded to the student. Cost of attendance is the tuition and fees of the applicable institution plus an allowance for room and meals and books and materials.
    2. Payment of the Mississippi Resident Tuition Assistance Grant shall be made payable to the recipient and the educational institution and mailed directly to the institution, to be applied first to tuition.
  9. In order for an institution to remain eligible for its students to participate in the Mississippi Resident Tuition Assistance Grant Program, the institution shall comply with the following requirements:
    1. A complete and accurate roster of the eligibility status of each awarded student shall be made to the board for each term, semester or quarter of the academic year the student receives a Mississippi Resident Tuition Assistance Grant.
    2. The institution is required to make refunds to the Mississippi Resident Tuition Assistance Grant Fund for any funds which have not been disbursed to the recipient, in the case of students who have received a grant but who terminate enrollment during the academic term, semester or quarter of the academic year if an institution’s refund policies permit a student to receive a refund in such instance. The recipient shall be responsible for the refund of any funds which have been disbursed by the institution in such instance.
    3. If a student drops below full-time status but does not terminate all enrollment during the term, semester or quarter of the academic year no refund will be required for that term. However, that student is ineligible to receive the Mississippi Resident Tuition Assistance Grant during the following term, semester or quarter of the regular academic year.
    4. The board may conduct its own annual audits of any institution participating in the Mississippi Resident Tuition Assistance Grant Program. The board may suspend or revoke an institution’s eligibility to receive future monies under the program if it finds that the institution has not complied with the provisions of this section. In determining a student’s initial eligibility, the number of prior semesters enrolled will not be counted against the student.
  10. No student may receive a Mississippi Resident Tuition Assistance Grant for more than the equivalent semesters or quarters required to complete one (1) baccalaureate degree or one (1) certificate or associate degree program per institution.
  11. No student receiving a Mississippi Eminent Scholars Grant as provided in Section 37-106-31 shall be eligible to receive the Mississippi Resident Tuition Assistance Grant pursuant to this section unless he is eligible for such award after the Mississippi Eminent Scholars Grant has been considered by the board when conducting an assessment of the financial resources available to the student. In no case shall any student receive any combination of student financial aid that would exceed the cost of attendance, as defined in subsection (8)(a).

    For purposes of this section, certificated shall mean, but not be limited to, all postsecondary vocational programs in eligible institutions approved by the board.

HISTORY: Laws, 1995, ch. 504, § 1; Laws, 1996, ch. 549, § 1; Laws, 1998, ch. 565, § 2; Laws, 2006, ch. 596, § 3; Laws, 2014, ch. 398, § 8; Laws, 2014, ch. 538, § 11, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 11 of Chapter 538, Laws of 2014, effective from and after July 1, 2014 (approved May 1, 2014), amended this section. Section 8 of Chapter 398, Laws of 2014, effective from and after July 1, 2014 (approved March 19, 2014), also amended this section. As set out above, this section reflects the language of Section 11 of Chapter 538, Laws of 2014, which contains language that specifically provides that it supersedes §37-106-29 as amended by Chapter 398, Laws of 2014.

Editor’s Notes —

Laws of 1998, ch. 565, § 4 provides as follows:

“SECTION 4. All new programs authorized under this House Bill No. 1273 shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1998 Regular Session or any subsequent session. It is the intent of the Legislature that this act shall be codified but that no amendment to a Code section or repeal of a Code section enacted by this House Bill No. 1273 shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, said line item appropriation to be certified by the Legislative Budget Office to the Secretary of State.”

The Director of the Legislative Budget Office, in a letter dated July 22, 1998, certified the availability of funds for the programs authorized under Laws of 1998, ch. 565.

Amendment Notes —

The 2006 amendment substituted “this section” for “this act” at the end of (1), in (4)(c), and at the end of the second sentence in (9)(d); and added “and Wesley College” at the end of (4)(d).

The first 2014 amendment (ch. 398), in (4)(b), substituted “two-year or four-year college” for “four- or two-year college,” substituted “subsection (4)(d) of this section” for “subsection (d) of this section” and deleted “37-106-29(4) thereafter, and substituted “High School Equivalency Diploma” for “General Educational Development Test (GED)” the first time it appears and “General Education Development” the second time it appears; inserted “Section” in (4)(c); and substituted “pursuant to this section” for “pursuant to section 37-106-29” in (12).

The second 2014 amendment (ch. 538) substituted “board shall approve” for “college or university shall approve” in (2); in (3), inserted “resident,” and substituted “students qualifying for less than the full Pell Grant award shall” for “students receiving less than the full Pell Grant award, as determined by the institution, shall”; in (4), rewrote and divided former (b) into present (b) through (e); deleted former (c) and (d) which provided that resident status for purposes of receiving grants under the section was to be determined as set forth in Sections 37-103-1 through 37-103-29, and listed the institutions of higher learning students must attend to qualify for the grants; substituted “administering board” for “administering agency” both times it appears in (6)(b); deleted former (11), which related to the legislative intent to fully fund grant awards to eligible students; redesignated former (11) as (12), and therein, in the first paragraph, substituted “pursuant to this section” for “pursuant to section 37-106-29,” and in the last paragraph, substituted “eligible institutions approved by the board” for “eligible institutions as identified in subsection (4)(d) of this section.”

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18, 23.

CJS.

14A C.J.S., Colleges and Universities §§ 32-34.

§ 37-106-31. Mississippi Eminent Scholars Grant Program.

  1. There is created a Mississippi Eminent Scholars Grant Program, to be administered by the Mississippi Postsecondary Education Financial Assistance Board established under Section 37-106-9. The board shall set the dates that will serve as the deadlines for applying for an award under this section and award scholarships to each Mississippi student who:
      1. Is recognized by the merit or achievement programs of the National Merit Scholarship Corporation or the National Achievement Scholarship as a semifinalist or finalist, and has obtained a minimum cumulative grade point average of 3.5 calculated on a 4.0 scale in high school subjects acceptable for credit toward a diploma, after seven (7) semesters certified by the high school counselor or other authorized school official on the application and graduation from high school verified by the institution before disbursement of award; or
      2. Has scored twenty-nine (29) on the American College Testing Program or its equivalent and has obtained a minimum cumulative grade point average of 3.5 calculated on a 4.0 scale after seven (7) semesters certified by the high school counselor or other authorized school official on the application and graduation from high school verified by the institution before disbursement of award, or the equivalent in high school subjects acceptable for credit toward a diploma; or
      3. Has attended a home education program during grade levels 9 through 12 and has scored twenty-nine (29) on the American College Testing Program or its equivalent.
    2. Meets the general requirements for student eligibility, except as otherwise provided in this section.
    3. Files, before the deadline, an application for an award during his last year in high school, or before the expiration of the third school year succeeding the year of his high school graduation.
    4. Attends, on a full-time basis, any state institution of higher learning or public community or junior college, or any regionally accredited, state-approved, nonprofit two-year or four-year college or university located in the State of Mississippi approved by the board.
    5. Enrolls as a “first-time in college” student in Mississippi. Postsecondary academic credit earned prior to or during the summer immediately subsequent to receiving a high school diploma, or while dually enrolled in secondary and postsecondary educational institutions, or while enrolled in the early admission program of a postsecondary institution shall not be considered when determining if a student is enrolling for the first time. However, any student who earns postsecondary academic credit at an institution of higher learning located outside the state shall meet the requirements on grade point average and maximum credit hours set forth in subsection (2)(b) of this section.
    6. Is a resident of the State of Mississippi.
    1. Except for students who earn credits at institutions of higher learning located outside the state, students who apply for awards but do not accept their initial awards may apply to receive awards during subsequent application periods occurring before the expiration of the third school year succeeding the year of their high school graduation. The eligibility of these applicants shall be determined in the same manner as first-time applicants.
    2. Students who receive initial awards and who later do not accept renewal awards may apply to receive awards during subsequent application periods occurring before the expiration of the third school year succeeding the year of their high school graduation. Reinstatement applications will be accepted from these students according to dates set by the Mississippi Postsecondary Education Financial Assistance Board. The eligibility of these applicants shall be determined in the same manner as first-time applicants, except that these students shall be required to have maintained the equivalent of a 3.5 cumulative grade point average on a 4.0 scale for all college work attempted and if the student attended an out-of-state institution, to have completed no more than thirty-six (36) credit hours. The board shall not make awards to reinstatement applicants who submit applications that are received after the deadline set by the Mississippi Postsecondary Education Financial Assistance Board.
    3. The board shall create a renewal application for each student who received the award for one or more terms during the immediately preceding academic year.
    1. The annual award to a student shall be up to Two Thousand Five Hundred Dollars ($2,500.00) for tuition and fees. Payment of the Mississippi Eminent Scholars Grant shall be made payable to the recipient and the educational institution and mailed directly to the institution, to be applied first to tuition.
    2. Within six (6) weeks of the end of regular registration, inclusive of a drop-add period, institutions shall certify to the board the eligibility status of each awarded student. The eligibility status of each student to receive a disbursement shall be determined by each institution as of this date. Institutions shall not be required to reevaluate a student’s eligibility status after this date for purposes of amending eligibility determinations previously made. However, an institution shall be requested to make refunds for students who receive award disbursements and terminate enrollment for any reason during the academic term when an institution’s refund policies permit a student to receive a refund under the circumstances.
    3. Institutions shall certify to the board the amount of funds disbursed to each student and shall remit to the board any undisbursed advances within sixty (60) days of the end of regular registration.
  4. A recipient shall maintain the equivalent of a 3.5 cumulative grade point average on a 4.0 scale, or shall maintain an approved equivalent student progress evaluation plan, on at least twelve (12) hours per quarter, trimester or semester in order to be eligible for a continuation of the award. No student may receive a Mississippi Eminent Scholars Grant for more than the equivalent semesters or quarters required to complete one (1) degree or certificate program per institution. The award may be renewed annually upon certification of eligibility by the eligible institutions that the recipient meets the necessary qualifications. If any recipient transfers from one university, community college or junior college to another, his award will be transferable, provided he is otherwise eligible for the award. If a student fails to maintain continuous enrollment, and is not granted an exception for cause by the administering board, the student is ineligible to receive the Mississippi Eminent Scholars Grant during the following semester or trimester or term of the regular academic year.
  5. The board may conduct its own annual audits of any institution participating in the Mississippi Eminent Scholars Grant Program. The board may suspend or revoke an institution’s eligibility to receive future monies under the program if it finds that the institution has not complied with the provisions of this section.
  6. For purposes of this section, certificated shall mean, but not be limited to, all postsecondary vocational programs in eligible institutions approved by the board.

HISTORY: Laws, 1995, ch. 504, § 2; Laws, 1996, ch. 549, § 2; Laws, 1998, ch. 565, § 3; Laws, 2002, ch. 572, § 1; Laws, 2014, ch. 538, § 12, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 565, § 4 provides as follows:

“SECTION 4. All new programs authorized under this House Bill No. 1273 shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1998 Regular Session or any subsequent session. It is the intent of the Legislature that this act shall be codified but that no amendment to a Code section or repeal of a Code section enacted by this House Bill No. 1273 shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, said line item appropriation to be certified by the Legislative Budget Office to the Secretary of State.”

The Director of the Legislative Budget Office, in a letter dated July 22, 1998, certified the availability of funds for the programs authorized under Laws of 1998, ch. 565.

Amendment Notes —

The 2002 amendment rewrote (1)(d) and (f); rewrote (2)(a); and made minor stylistic changes in (1)(g) and (5).

The 2014 amendment, in (1), deleted (a)(iv), which read: “Has been certified by the college or university to the Mississippi Postsecondary Education Financial Assistance Board as a Mississippi Eminent Scholar,” deleted (c), which read: “Dependents of Mississippi residents who are on military or public service assignments away from Mississippi when such dependents live with such Mississippi residents and receive high school diplomas from non-Mississippi schools shall be exempted,” redesignated (d) through (g) as (c) through (f), in (d), substituted “two-year or four-year college” for “four- or two-year college” and “Mississippi approved by the board” for “Mississippi as listed in subsection (4)(d) of Section 37-106-29,” rewrote (e), which read: “Enrolls for the first time as a college student in Mississippi. Any student who earns postsecondary academic credit prior to or during the summer immediately subsequent to receiving a high school diploma, who is dually enrolled in secondary and postsecondary educational institutions, or who is enrolled in the early admission program of a postsecondary institution shall be exempt from this requirement,” and rewrote (f), which read: “Is a resident of the State of Mississippi. Residency status for purposes of receiving grants under this section shall be determined in the same manner as resident status for tuition purposes as set forth in Sections 37-103-1 through 37-103-29, with the exception of Section 37-103-17”; in (2), divided former (a) into present (a) and (b), in (a), added the exception at the beginning and the last sentence, in (b), deleted “Similarly” from the beginning, substituted “may apply” for “may reapply” near the beginning, substituted “Reinstatement applications will be accepted from these students according” for “The institution shall accept reinstatement applications according” and “Financial Assistance Board. The eligibility of these applicants shall be determined” for “Financial Assistance Board and shall determine the eligibility of such applicants” and “these applicants, except that these students shall be” for “such applicants in the same manner as first-time applicants, except that students shall be” and inserted “and if the student attended…credit hours,” and redesignated (b) as (c); in (4), substituted “Mississippi Eminent Scholars Grant” for “Mississippi Eminent Scholars Fund award” in the second sentence, and “administering board” for “administering agency” in the last sentence; and in (6), substituted “eligible institutions approved by the board” for “eligible institutions as identified in subsection (4)(d) of Section 37-106-29,” and made minor punctuation changes.

Cross References —

Student receiving Eminent Scholars Grant ineligible for Resident Tuition Assistance Grant unless eligible for such award after Eminent Scholars Grant has been considered by board when conducting assessment of financial resources, see §37-106-29.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 20 et seq.

CJS.

14A C.J.S., Colleges and Universities §§ 32-34.

§ 37-106-33. Repealed.

Repealed by Laws of 2014, ch. 538, § 13, effective from and after July 1, 2014.

§37-106-33. [Laws, 1995, ch. 504, § 3, eff from and after passage (approved March 28, 1995.]

Editor’s Notes —

Former §37-106-33 provided for the use of funds appropriated to support certain programs. For present similar provisions, see §37-106-14.

§ 37-106-35. Assistant teacher forgivable loan program.

  1. There is established the assistant teacher forgivable loan program for the purpose of assisting eligible assistant teachers to become certificated teachers through the awarding of forgivable loans and to attract and retain qualified teachers for those geographical areas of the state and academic subject areas in which there exist a critical shortage of teachers. The forgivable loan program shall be implemented and administered by the board and is subject to the availability of funds appropriated specifically therefor by the Legislature.
  2. Under the assistant teacher forgivable loan program, qualified assistant teachers may be awarded financial assistance in an amount that is equal to the actual cost of three (3) three-hour academic courses per year. However, no assistant teacher may receive assistance through the program for more than fifteen (15) three-hour academic courses. An assistant teacher forgivable loan shall not be based upon an applicant’s financial need, and the receipt of any other forgivable loan or financial assistance shall not affect an assistant teacher’s eligibility under the program.
  3. In order to qualify for an assistant teacher, forgivable loan, an applicant must satisfy the following requirements:
    1. The applicant must be employed full-time as an assistant teacher with a local school district;
    2. The applicant must be accepted for enrollment at a baccalaureate degree-granting institution of higher learning in the State of Mississippi that is regionally accredited and approved by the board;
    3. The assistant teacher must maintain a minimum cumulative grade point average of 2.5 calculated on a 4.0 scale for all courses funded through the assistant teacher forgivable loan program; and
    4. The assistant teacher must have expressed in writing a present intention to teach in a critical teacher shortage geographic or academic subject area.
  4. At the beginning of the school year next succeeding the date on which a person who has received an assistant teacher forgivable loan obtains a baccalaureate degree, that person shall begin to render service as a certificated teacher in a school district or academic subject area, or both, designated by the State Board of Education. The board shall establish by rule and regulation the duration of teaching service due for recipients of forgivable loans based upon the number of academic hours funded through the assistant teacher forgivable loan program. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.

HISTORY: Laws, 1996, ch. 452, § 3; Laws, 2014, ch. 538, § 14, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “forgivable loan” and “forgivable loans” for “scholarship” and “scholarships” everywhere they appear; in (1), deleted “financial” following “awarding of,” and deleted “of Trustees of State Institutions of Higher Learning” following “administered by the board”; in (2), substituted “applicant’s financial need” for “applicant’s eligibility for financial aid”; substituted “Mississippi that is regionally accredited and approved by the board” for “Mississippi which is accredited by the Southern Association of Colleges and Schools and approved by the Mississippi Commission on College Accreditation or at any accredited nonprofit community or junior college in the state” in (3); deleted former (4), which read: “The Board of Trustees of State Institutions of Higher Learning shall develop a system that provides for the payment of scholarship funds directly to the educational institution at which a recipient of an assistant teacher scholarship is enrolled”; redesignated former (5) as (4) and therein substituted “The board shall establish by rule and regulation the duration” for “The State Board of Education shall establish the duration,” deleted the former last sentence, which read: “Any person failing to meet teaching requirements shall be liable for the amount of the corresponding scholarship received, plus interest accruing at the current Stafford Loan rate,” and added the last sentence.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Commission on College Accreditation, see §37-101-241.

§ 37-106-37. Teacher Education Scholars Forgivable Loan Program.

  1. There is created the Teacher Education Scholars Forgivable Loan Program to be administered by the board. The program shall provide an annual forgivable loan not to exceed Fifteen Thousand Dollars ($15,000.00) for each approved teacher education scholar who is enrolled in one of Mississippi’s public or private universities in the junior year and is admitted into a teacher education program. Additionally, the program shall provide an annual scholarship not to exceed Fifteen Thousand Dollars ($15,000.00) for each approved teacher education scholar who is enrolled in one (1) of Mississippi’s public or private universities in the freshman year and intends to enter into a teacher education program.
  2. Qualifying teacher education scholars must hold a minimum 28 ACT score and a 3.5 GPA.
  3. A student may receive a forgivable loan from the program for four (4) consecutive years if the student remains enrolled full time in the program and makes satisfactory progress toward a baccalaureate degree with a major in education.
    1. If a teacher education scholar graduates and is employed as a teacher by a Mississippi district school board, the scholar is not required to repay the forgivable loan amount so long as the scholar teaches in a Mississippi public school. The entire forgivable loan amount shall be forgiven if the scholar remains employed as a Mississippi public school teacher for five (5) years.
    2. Any teacher who enters the education scholar program and graduates, and is employed as a teacher by a Mississippi public school board, in a school rated as “D” or “F,” in addition to being exempt from the repayment of loan requirement while employed as a Mississippi public school teacher, such teacher education scholar shall also receive an annual salary supplement of Six Thousand Dollars ($6,000.00) for each year the scholar remains in the “D” or “F” school, up to a maximum of five (5) years. Each scholar employed in a Mississippi public school under the provisions of this paragraph shall endeavor, within the five-year period of initial employment, to fulfill the necessary requirements to acquire a Master Teacher certificate from the National Board of Professional Teaching Standards, at which time the scholar shall be eligible to receive an annual salary supplement for such National Board Certified teachers under the provisions of Section 37-19-7(2)(a)(i). However, if any teacher education scholar graduate receiving an annual salary supplement provided for in this paragraph (b) shall complete the certification requirements to become a National Board Certified teacher within the five-year period of eligibility for salary supplementation, that teacher shall be entitled to only the annual salary supplement provided for such National Board Certified teachers, such that the teacher receives only one (1) annual salary supplement of Six Thousand Dollars ($6,000.00).
  5. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  6. The board shall promulgate such rules as are necessary to administer the teacher education scholars program and establish necessary eligibility criteria not specifically set forth in this section.

HISTORY: Laws, 2013, ch. 494, § 3; Laws, 2014, ch. 538, § 15, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 2013, ch. 494, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Education Works Program.’ ”

Chapter 494, Laws of 2013, amended Sections 37-3-53, 37-16-7, 37-18-1 and 37-19-7 and enacted Sections 37-19-9 and 37-106-37.

Amendment Notes —

The 2014 amendment substituted “forgivable loan” for “scholarship” throughout; in (1), substituted “Scholars Forgivable Loan Program to be administered by the board” for “Scholars Program administered by the board of Trustees of State Institutions of Higher Learning”; in (5), substituted “Repayment and conversion terms shall be the same as those outlined in Section 37-106-53” for “If a teacher education scholar does not graduate, or if the scholar graduates but does not teach in a Mississippi public school, the scholar must repay the total amount awarded, plus annual interest at a rate to be determined by the Board of Trustees of State Institutions of Higher Learning” and deleted (5)(a) through (e), which provided specifics for repayment of scholarships by scholars who did not graduate or graduated but did not teach in a Mississippi public school; and deleted “of Trustees of State Institutions of Higher Learning” following “board” in (6).

§ 37-106-39. Mississippi Law Enforcement Officers and Firefighters Scholarship.

  1. There is established the Mississippi Law Enforcement Officers and Firefighters Scholarship.
  2. Except as provided in this section, if any Mississippi law enforcement officer, full-time firefighter or volunteer firefighter shall suffer or has suffered fatal injuries or wounds or become permanently and totally disabled as a result of injuries or wounds which occurred in the performance of the official and appointed duties of his or her office, his or her spouse, child or children shall be entitled to an eight-semester scholarship without cost, exclusive of books, food, school supplies, materials and dues or fees for extracurricular activities, at any state-supported college or university of his or her choice within this state.
    1. No child shall be entitled to receive benefits during any semester or quarter when said child has reached the age of twenty-three (23) years on the first day of said semester or quarter. However, any child who has begun the process of acquiring college credits under the provisions of this section prior to attaining the age of twenty-three (23) years shall be entitled to the full eight-semester scholarship if his or her college instruction was interrupted for any reason.
    2. Scholarship benefits shall not accrue hereunder to any person if the wounds or injuries suffered by any law enforcement officer, full-time firefighter or volunteer firefighter are self-inflicted or if his death is self-induced.
  3. Eligibility for renewal of the scholarship shall be evaluated each academic year at the end of each semester or term. As a condition for renewal, a student shall:
    1. Make steady academic progress toward a certificate or degree, as outlined in the school Satisfactory Academic Progress Standards and certified by the institution’s registrar; and
    2. Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of each academic year.
  4. For the purposes of this section, these words and phrases shall be defined as follows:
    1. “Mississippi law enforcement officers” shall be defined as follows:
      1. “State highway patrolmen” means all law enforcement officers, regardless of department or bureau, of the Mississippi Highway Safety Patrol.
      2. “Municipal police officers” means all law enforcement officers of any municipality who are regular duty personnel on full-time status, auxiliary or reserve officers, or those serving on a temporary or part-time status.
      3. “Sheriffs” and “deputy sheriffs” means all law enforcement officers of full-time duty status on a regular basis serving the sheriff’s department of any county, deputy sheriffs who are engaged in administrative or civil duty, auxiliary or reserve deputies, or deputy sheriffs serving in a temporary capacity or part-time basis.
      4. “Constables” means all duly elected constables of any beat of any county within the state while actually engaged in the performance of their duties concerning the criminal laws of the county and state.
      5. “Conservation officers” means all duly appointed game wardens employed by the State of Mississippi on a full-time duty status while actually engaged in the performance of their duties concerning the game laws of the state.
      6. “Alcoholic Beverage Control Division agents and inspectors” means all duly appointed agents and investigators of the Alcoholic Beverage Control Division of the Mississippi Department of Revenue on a full-time duty status while actually engaged in the performance of their duties concerning the alcoholic beverage control laws of the state.
      7. Members of the National Guard serving as peace officers when ordered to state emergency duty under authority vested in the Governor by the Constitution and laws of the state.
      8. “Tax commission scales enforcement officers” means all duly appointed scales enforcement officers of the Mississippi Department of Revenue on a full-time duty status while actually engaged in the performance of their duties.
      9. Duly appointed agents of the Mississippi Bureau of Narcotics.
      10. Correctional, probation and parole officers employed by the Mississippi Department of Corrections.
    2. “Mississippi full-time firefighters” shall be defined as all firefighters employed by any subdivision of the State of Mississippi on a full-time duty status while actually engaged in the performance of their duties, and volunteer firefighters shall be defined as any volunteer firefighter registered with the State of Mississippi or a political subdivision thereof on a volunteer firefighting status while actually engaged in the performance of firefighting duties.
    3. “Child” or “children” means natural children, adopted children or stepchildren.
    4. “Spouse” means a person who was, at the time of the death of the decedent, legally married to a Mississippi law enforcement officer, full-time firefighter, or volunteer firefighter, or in the case of a law enforcement officer, full-time firefighter or volunteer firefighter who suffered fatal injuries or wounds, prior to or after March 13, 1990, who has not remarried.
    1. Any law enforcement officer, full-time firefighter or volunteer firefighter claiming permanent and total disability shall be qualified or disqualified for a claim under this section based on examination and review of the following four (4) documents:
      1. A letter from the officer’s or firefighter’s former supervisor or employer stating whether the officer or firefighter is disabled as a result of injuries or wounds that occurred in the performance of the official duties of his office;
      2. A statement from the officer’s or firefighter’s physician stating whether the officer or firefighter is disabled and the reason for that disability;
      3. Verification from the Public Employees’ Retirement System; and
      4. Verification from the Social Security Administration.
    2. If the law enforcement officer, full-time firefighter or volunteer firefighter suffered fatal injuries or wounds, a claim under this section shall be based on examination and review of the following two (2) documents:
      1. A letter from the officer’s or firefighter’s former supervisor or employer stating whether he suffered fatal injuries in the performance of the official duties of his office; and
      2. A death certificate.
  6. Any applicant qualified and desiring a scholarship under the provisions of this section shall apply in writing to the board. The board shall make inquiries into each application and shall make the investigation as it deems proper to establish and validate all claims before a scholarship is granted.

HISTORY: Laws, 2014, ch. 538, § 16, eff from and after July 1, 2014.

Cross References —

County constables generally, see §§19-19-1 et seq.

County sheriffs generally, see §§19-25-1 et seq.

Municipality police and police departments generally, see §§21-21-1 et seq.

Death benefit paid to or for benefit of dependent children of firemen and policemen, see §§21-29-145,21-29-255, and21-29-323.

Death benefit paid to surviving children of law enforcement officers under Officers and Fire Fighters Death Benefits Trust Fund, see §45-2-1.

Conservation officers generally, see §§49-1-9 through49-1-44. “Game warden” defined as “conservation officer,” see §49-1-12.

Fees assessed for violation of §97-15-29 to be used for scholarship program established under this section, see §97-15-29.

§ 37-106-41. Scholarships for children of prisoners of war or missing in action in Southeast Asia.

  1. If any member of the armed services, whose official house of record and residence is within the State of Mississippi, is officially reported as being either a prisoner of war or missing in action in Southeast Asia or has been a prisoner of a foreign government as the result of a military action against the United States naval vessel, Pueblo, his child or children shall be entitled to an eight-semester scholarship without cost, exclusive of books, food, school supplies, materials and dues or fees for extracurricular activities at any state-supported college or university of his choice within this state. However, no child will be entitled to receive benefits during any semester or quarter when said child has reached the age of twenty-three (23) years on the first day of the semester or quarter.
  2. The provisions of this section shall apply to the child or children of any member of the armed services who is officially reported as being either a prisoner of war or missing in action in Southeast Asia whose spouse was a resident of this state for a period of not less than ten (10) years during her minority and is a resident or physically resides within this state and does continually reside within this state at the time of enrollment and during the enrollment, and is a resident or physically resides within this state as of April 9, 1973.
  3. It is further provided that the provisions of this section shall apply to the child or children of any person who was a resident of this state at the time he was inducted into the Armed Forces of the United States of America and who is either a former prisoner of war or officially reported as being a prisoner of war or missing in action in Southeast Asia and who, or his spouse if she was a resident of this state for a period of not less than ten (10) years during her minority, is a resident of this state and at the time of enrollment and during the enrollment of his child or children at any state-supported college or university in this state resided or resides in this state.
  4. Any applicant qualified and desiring a scholarship under this section shall apply in writing to the board. The board shall make inquiries into each such application and shall make the investigation as it deems proper to establish and validate all claims made under this section before a scholarship is granted.

HISTORY: Laws, 2014, ch. 538, § 17, eff from and after July 1, 2014.

Cross References —

Allocation for student loans under Mississippi Private Activity Bonds Allocation Act, see §31-23-63.

Eligibility for loans and scholarships based on compliance with federal Military Selective Service Act, see §37-101-283.

§ 37-106-43. Mississippi Public Management Graduate Intern Program.

  1. There is hereby established an intern educational program to be designated as the Mississippi Public Management Graduate Intern Program to be administered by the board through a program coordinator. The program shall consist of not more than thirty-six (36) positions in the general fields of public management, program analysis and public administration. These positions shall not be included in the number of employees allowed by law within a particular state agency. Graduate intern students shall be temporarily assigned by the program coordinator to specific state or local agencies and offices, including offices of the Legislature. Each participating agency or office shall not employ more than four (4) graduate intern students per year. To qualify for the program, a student must (a) be enrolled as a graduate student in a state university masters program in public administration, public policy and administration, or criminal justice administration; and (b) have committed himself to a field of graduate study directly related to a state or local government public managerial position.
  2. There is hereby created the Mississippi Intern Public Management Education Council to consist of the following members: The chairmen of the various departments of Mississippi institutions of higher learning that offer graduate programs in one of the following: public administration, public policy and administration, and criminal justice administration. The council shall elect from its membership a chairman, which shall be a rotating, one-year appointment. The council shall meet at the place and time designated by the chairman at least twice but no more than six (6) times per year.
  3. The council shall adopt, amend and repeal the rules and regulations as it deems necessary to establish standards and ensure the orderly execution of the objectives of the intern educational program, not inconsistent with the provisions of this section. The regulations shall be submitted to the board for implementation by the program coordinator. The council shall review and evaluate the program on a yearly basis and submit its findings to the program coordinator.
  4. There is hereby created the position of Program Coordinator who shall be the Chief Administrative Officer of the Mississippi Public Management Graduate Intern Program. The program coordinator shall be appointed by and be an employee of the agency.
  5. The program coordinator shall administer the policies of the council and supervise and direct all technical activities of the program. The coordinator shall select students to participate in the program based upon the nominees of the participating state institutions of higher learning. No participating university shall be allotted less than three (3) intern students per year unless the university nominates less than three (3) students. The coordinator shall place the intern students in state or local agencies which agree in writing to participate in the program.
  6. The program coordinator shall prepare and deliver to the Legislature and to the Governor an annual report describing the operation and progress of the Mississippi Public Management Graduate Intern Program, including a detailed statement of expenditures and any recommendations the board may have.
  7. It shall be the duty and responsibility of universities participating in the intern program to nominate qualified graduate students to the program and to keep the program coordinator fully apprised of the academic development of the intern student, including any change in the student’s educational status.
  8. State or local agencies participating in the intern program shall employ intern students with the expectation that they shall contribute to agency policy decisions, participate in managerial activities, and deliver agency services. Intern graduate students shall receive compensation on the basis of their professional work experience, but shall receive no less than Seven Hundred Fifty Dollars ($750.00) per month or Four Thousand Five Hundred Dollars ($4,500.00) for a six-month work period. In addition to the salary, students shall be reimbursed for necessary expenses and mileage authorized by law for travel to seminars, workshops and training sessions, as well as other related professional travel expenses. When the student has received his graduate degree, the agency may offer him a permanent position with the state or local agency or office, assuming funding and position openings are available.
  9. Intern students shall submit an evaluation of the intern program and an assessment of its educational value to the program coordinator at the end of each work period.

HISTORY: Laws, 2014, ch. 538, § 18, eff from and after July 1, 2014.

§ 37-106-47. Authorization to operate forgivable loan programs.

    1. The board is authorized and empowered to operate the following forgivable loan programs of like character, operation and purpose to the foregoing enumerated programs to encourage the participation of eligible worthy persons in courses of instruction in its institutions: Graduate Teacher Forgivable Loan, Counselor and School Administrator Forgivable Loan, Southern Regional Education Board Doctoral Scholars Forgivable Loan, and Veterinary Medicine Minority Forgivable Loan.
    2. In addition to the authority granted to the board in paragraph (a) of this subsection, the board is authorized and empowered to promulgate rules and regulations for the Southern Regional Education Board Contract Forgivable Loan Program, created through the regional education compact, as set forth in Section 37-135-1.
  2. In furtherance of such power and authority, the board is authorized to adopt and implement rules and regulations declaring and describing the goals and objectives of such forgivable loan programs; to establish the eligibility requirements for entry into such program and required for continuing participation for succeeding years; to determine the maximum amount to be made available to recipients; to delineate the terms and conditions of contracts with recipients and establish the service requirements for such contracts, if any; to enter into contracts pertaining to such programs with recipients; to enter into loan agreements and other contracts with financial institutions or other providers of loan monies for forgivable loan and loan repayment participants; and to allocate and utilize such funds as may be necessary for the operation of such forgivable loan programs from the annual appropriation for student financial aid. In issuing rules and regulations governing the administration of the Graduate Teacher Summer Scholarship (GTSS) program, the board shall provide that certified teachers at the Oakley Youth Development Center under the jurisdiction of the Department of Human Services shall be fully eligible to participate in the program.

HISTORY: Laws, 2014, ch. 538, § 19; Laws, 2016, ch. 390, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment added (1)(b).

§ 37-106-49. Authorization to employ loan repayment mechanism for the repayment of forgivable loans.

In connection with the forgivable loan programs administered by the board, and in addition to the funding of the same through the use of state funds, the board is authorized to establish a loan repayment mechanism employing agreements to repay private sector loans for education or guaranteed student loans. As an alternative to the forgivable loans administered by the board, the board is authorized to develop contractual relations with eligible applicants to repay, for and on behalf of the applicants, any or all outstanding private sector loans for education or guaranteed student loans, by undertaking to repay installments of interest and principal according to the requirement of the loans, so long as the applicants perform the terms of their loan or scholarship contracts with the board. The board may establish by rule and regulation the terms of the contracts so as to accomplish the purposes of the loan repayment programs, including, but not limited to: the maximum amount the board will undertake to repay; the maximum duration of the repayment arrangement or the period of required service; the geographical location for approved service; the nature of the service to be rendered; the needed professional occupations; the critical majors or subject areas of concentration; the criteria to determine need and the degree of need required for eligibility; and the scholastic achievement level required to be maintained by the student participants. The board may prescribe other rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.

HISTORY: Laws, 2014, ch. 538, § 20, eff from and after July 1, 2014.

§ 37-106-51. Authorization to establish consolidated revolving loan fund for operating forgivable loan programs.

The board is authorized to establish a consolidated revolving loan fund for the purpose of providing monies for the operation of all forgivable loan programs authorized to the board and for the purpose of providing monies for the operation of such other loan programs as may be deemed appropriate and authorized by the board from time to time for the furtherance of education of eligible applicants. The board shall be charged with the duty of directing the dispensing of such funds in a manner so as to best effectuate the purpose of this section. Any monies collected in the form of repayment of loans, both principal and interest, shall be deposited in this fund. The board is authorized to maintain such revolving fund in an official state depository and, in accordance with Section 27-105-21, Mississippi Code of 1972, shall invest such funds, less the amount required for current operation, at interest as required by said section. All interest earned on such investments shall likewise be deposited in said fund.

From and after the effective date of this chapter [Laws, 1991, Chapter 547, effective July 1, 1991], the sums maintained in the respective revolving funds being repealed by Chapter 547, Laws, 1991, or other revolving funds being maintained by the board shall become and constitute the monies of the consolidated revolving fund created by this section, wherever such funds may be physically located. The board is hereby authorized to transfer said funds to an official state depository, as aforesaid.

HISTORY: Laws, 2014, ch. 538, § 21, eff from and after July 1, 2014.

Editor’s Notes —

Sections relating to funding that were repealed by Chapter 547, Laws of 1991, include the following:

§§37-101-287 and37-101-289 (loans for the study of certain health care professions).

§37-106-13 (post-secondary education assistance fund).

§§37-109-1 through37-109-27 (medical education loans and scholarships).

§§37-129-5 through37-129-13 (scholarship program for the study of nursing).

Cross References —

Postsecondary Education Finance Assistance Law generally, see §§37-106-1 et seq.

§ 37-106-53. Uniform repayment options and terms for forgivable loan programs.

  1. Forgivable loans shall be made and based upon the following options for repayment or conversion to interest-free scholarships:
    1. Payment in full of principal plus a penalty of five percent (5%) of the principal and interest on the combined principal and penalty must be made in monthly installments, the maximum number of which will be determined by the board, unless set forth in this chapter. Interest will begin to accrue at the date of separation from the approved program of study at a rate equal to the unsubsidized Federal Stafford loan rate at the time of separation. Repayment will commence one (1) month after separation from the program of study, unless the recipient is granted a grace period or deferment by the board. The availability and length of a grace period will be determined by the board. The availability and length of any deferments will be determined by the board.
    2. In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into service employment. Service requirements for each forgivable loan program will be determined by the board, unless set forth in this chapter. Unless excepted by this chapter, repayment under this option shall convert loan to scholarship, and discharge the same, on the basis of one (1) year’s full-time service for one (1) year’s loan amount or its equivalent if the recipient attended part-time, or the appropriate proportion of the total outstanding balance of principal and interest, all as shall be established by rule and regulation of the board. The period of service shall in no event be less than one (1) year. If at any time prior to the repayment in full of the total obligation the recipient abandons or abrogates repayment by this option, the provisions of subsection (1)(c) of this section shall apply.
    3. In the event of abandonment or abrogation of the option for repayment as provided for in subsection (1)(b) of this section, the remaining balance of unpaid or undischarged principal plus a penalty of five percent (5%) of the unpaid or undischarged principal and interest on the combined principal and penalty shall become due and payable over the remaining period of time as if the option provided for in subsection (1)(a) of this section had been elected upon separation and the conclusion of any applicable grace and deferment periods.
  2. Any person failing to complete a program of study which will enable that person to enter service employment, or failing to obtain any required licensure or additional credentials necessary for that person to enter service employment shall become liable to the board for the sum of all forgivable loan awards made to that person plus a penalty of five percent (5%) of the loan awards and interest on the combined amount accruing at the current unsubsidized Federal Stafford loan rate at the time the person abrogates his participation in the program.
  3. If a claim for payment under this subsection is placed in the hands of a collection agency or an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable collection commission or attorney’s fee as well as any court costs.
  4. The obligations made by the recipient of a forgivable loan award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.

HISTORY: Laws, 2014, ch. 538, § 22, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected errors in internal references by substituting “subsection (1)(c) of this section” for “Section 37-106-53(1)(c)” near the end of (1)(b), “subsection (1)(b) of this section” for “Section 37-106-53(1)(b)” near the beginning of (1)(c) and “subsection (1)(a) of this section” for “Section 37-106-53(1)(a)” near the end of (1)(c). The Joint Committee ratified the corrections at its July 24, 2014, meeting.

§ 37-106-55. Critical Needs Teacher Forgivable Loan Program [Repealed effective July 1, 2020].

  1. There is established the “Critical Needs Teacher Forgivable Loan Program,” the purpose of which is to attract qualified teachers to those geographical areas of the state and those subject areas of the curriculum where there exists a critical shortage of teachers by awarding forgivable loans to persons declaring an intention to serve in the teaching field who actually render service to the state while possessing an appropriate teaching license.
  2. Individuals shall not be eligible to enroll in the Critical Needs Teacher Scholarship Program after the 2014-2015 academic year, and in subsequent years individuals are encouraged to apply to the Teaching Fellows Program established in Section 37-106-77. Any individual who is enrolled in or accepted for enrollment at a teacher education program approved by the State Board of Education or other program at a baccalaureate degree-granting institution of higher learning in the State of Mississippi and has a passing score on the Praxis I Basic Skills Test who expresses in writing an intention to teach in a geographical area of the state or a subject area of the public school curriculum in which there exists a critical shortage of teachers, as designated by the State Board of Education, shall be eligible for a forgivable loan to be applied toward the costs of the individual’s college education. The annual amount of the award shall be equal to the total cost for tuition, room and meals, books, materials and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, room and meals, books, materials and fees assessed by a state institution of higher learning during that school year. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
  3. Awards granted under the Critical Needs Teacher Forgivable Loan Program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of awards that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain a baccalaureate degree in education, shall be established by rules and regulations promulgated by the board. Critical Needs Teacher Forgivable Loans shall not be based upon an applicant’s financial need.
  4. Awards granted under the Critical Needs Teacher Forgivable Loan Program shall be made available to nontraditional licensed teachers showing a documented need for student loan repayment and employed in those school districts designated by the State Board of Education as a geographical area of the state or in a subject area of the curriculum in which there is a critical shortage of teachers. The maximum annual amount of this repayment should not exceed Three Thousand Dollars ($3,000.00) and the maximum time period for repayment shall be no more than four (4) years.
  5. Except in those cases where employment positions may not be available upon completion of licensure requirements, at the beginning of the first school year in which a recipient of a Critical Needs Teacher Forgivable Loan is eligible for employment as a licensed teacher or a nontraditional teacher intern pursuant to Section 37-3-2(6)(b), that person shall begin to render service as a licensed teacher or nontraditional teacher intern in a public school district in a geographical area of the state or a subject area of the curriculum where there is a critical shortage of teachers, as approved by the State Board of Education.
  6. Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person’s teaching license by the State Board of Education.
  7. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  8. The board shall promulgate rules and regulations necessary for the proper administration of the Critical Needs Teacher Forgivable Loan Program.
  9. The State Board of Education shall compile and report, in consultation with the board, an annual report with findings and recommendations to the legislative committees on education by December 1, 2003, and annually thereafter, on the following:
    1. The number of participants in the Critical Needs Teacher Forgivable Loan Program, by institution and by freshman, sophomore, junior and senior level;
    2. The number of nontraditional teacher license program participants;
    3. The number of individuals who completed the Critical Needs Teacher Forgivable Loan Program and the school district in which they are employed;
    4. The number of individuals who are in default of their obligation under the Critical Needs Teacher Forgivable Loan Program and the status of their obligation;
    5. The number of participants in the program who have successfully completed the Praxis examination in their junior year; and
    6. The number of noneducation majors participating in the program.
  10. Where local school districts exhibit financial need, the State Department of Education may, subject to the availability of funds specifically appropriated therefor by the Legislature, provide financial assistance for the recruitment of certified teachers in an amount not to exceed Seventy-five Thousand Dollars ($75,000.00) annually.

    This section shall stand repealed July 1, 2020.

HISTORY: Laws, 2014, ch. 538, § 23, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the critical needs teacher scholarship program were formerly found in §37-159-3 [Laws, 1998, ch. 544, § 2; Laws, 2002, ch. 587, § 3; Laws, 2003, ch. 337, § 1; Laws, 2004, ch. 409, § 3; Laws, 2011, ch. 442, § 18; Laws, 2012, ch. 315, § 1, eff from and after passage (approved Apr. 3, 2012)], which was repealed by § 39 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

Cross References —

Failure to repay critical needs teacher forgivable loan and interest as cause for revocation of teaching license, see §37-106-55.

Professional teacher recruiters, see §37-149-7.

§ 37-106-57. William F. Winter Teacher Forgivable Loan Program [Effective until July 1, 2019].

  1. It is the intention of the Legislature to attract and retain qualified teachers by awarding incentive loans to persons declaring an intention to serve in the teaching field and who actually render service to the state while possessing an appropriate teaching license.
  2. There is established the “William F. Winter Teacher Forgivable Loan Program.”
  3. Subject to the availability of funds, students who are enrolled in any baccalaureate degree-granting institution of higher learning in the State of Mississippi that is regionally accredited and approved by the board and who have expressed in writing a present intention to teach in Mississippi shall be eligible for student loans to be applied to the costs of their college education. Persons who have been admitted to a teacher education program or a nontraditional teacher internship licensure program authorized under Section 37-3-2(6) (b), as approved by the State Board of Education, shall also qualify for loans at approved institutions. The board shall provide that teacher education majors and noneducation majors shall have equal access to forgivable loans under authority of this section.
  4. A junior establishing initial eligibility shall be eligible for a maximum of two (2) annual loans and a senior shall be eligible for one (1) annual loan.
  5. The maximum annual loan shall be set by the board at an amount not to exceed the cost of attendance at any baccalaureate degree-granting institution of higher learning in the State of Mississippi. However, it is the intent of the Legislature that the maximum annual loan amounts under the William F. Winter Teacher Forgivable Loan Program shall not be of such amounts that would compete with the Critical Needs Teacher Forgivable Loan Program.
  6. The loans of persons who actually render service as licensed teachers or nontraditional teacher interns authorized under Section 37-3-2(6) (b) in a public school, including a charter school, in Mississippi for a major portion of the school day for at least seventy-eight (78) school days shall be converted to interest-free scholarships. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  7. Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person’s teaching license by the State Department of Education.
  8. The board shall promulgate regulations necessary for the proper administration of this section.

HISTORY: Laws, 2014, ch. 538, § 24, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the William F. Winter Teacher Scholar Loan Program were formerly found in §37-143-11 [Laws, 1991, ch. 547, § 6; Laws, 1993, ch. 593, § 1; Laws, 1998, ch. 544, § 3; Laws, 2002, ch. 587, § 2; Laws, 2004, ch. 409, § 2; Laws, 2013, ch. 497, § 85, eff from and after July 1, 2013] which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

§ 37-106-57. William F. Winter Teacher Forgivable Loan Program [Effective July 1, 2019].

  1. It is the intention of the Legislature to attract and retain qualified teachers by awarding incentive loans to persons declaring an intention to serve in the teaching field and who actually render service to the state while possessing an appropriate teaching license.
  2. There is established the “William F. Winter Teacher Forgivable Loan Program.”
  3. Subject to the availability of funds, students who are enrolled in any baccalaureate degree-granting institution of higher learning in the State of Mississippi that is regionally accredited and approved by the board and who have expressed in writing a present intention to teach in Mississippi shall be eligible for student loans to be applied to the costs of their college education. Persons who have been admitted to a teacher education program or a nontraditional teacher internship licensure program authorized under Section 37-3-2(6)(b), as approved by the State Board of Education, shall also qualify for loans at approved institutions. The board shall provide that teacher education majors and noneducation majors shall have equal access to forgivable loans under authority of this section.
  4. A junior establishing initial eligibility shall be eligible for a maximum of two (2) annual loans and a senior shall be eligible for one (1) annual loan.
  5. The maximum annual loan shall be set by the board at an amount not to exceed the cost of attendance at any baccalaureate degree-granting institution of higher learning in the State of Mississippi. However, it is the intent of the Legislature that the maximum annual loan amounts under the William F. Winter Teacher Forgivable Loan Program shall not be of such amounts that would compete with the Critical Needs Teacher Forgivable Loan Program.
  6. The loans of persons who actually render service as licensed teachers or nontraditional teacher interns authorized under Section 37-3-2(6)(b) in a public school, including a charter school, in Mississippi for a major portion of the school day for at least seventy-eight (78) school days shall be converted to interest-free scholarships. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  7. Awards granted under the William F. Winter Teacher Forgivable Loan Program shall be made available to nontraditional licensed teachers showing a documented need for student loan repayment and employed in those school districts designated by the State Board of Education as a geographical area of the state or in a subject area of the curriculum in which there is a critical shortage of teachers. Repayment and conversion terms shall be the same as outlined in Section 37-106-53 except that the maximum annual amount of this repayment should not exceed Three Thousand Dollars ($3,000.00) and the maximum time period for repayment shall be no more than four (4) years.
  8. Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person’s teaching license by the State Department of Education.
  9. The board shall promulgate regulations necessary for the proper administration of this section.

HISTORY: Laws, 2014, ch. 538, § 24, eff from and after July 1, 2014; Laws, 2019, ch. 462, § 2, eff from and after July 1, 2019.

§ 37-106-59. Forgivable loan program for baccalaureate and graduate studies in nursing.

  1. There is created a forgivable loan program for baccalaureate study in nursing. Forgivable loans are established and shall be allocated to students who: (a) are accepted and enrolled in an accredited Mississippi School of Nursing approved by the board; (b) complete an application by the deadline established by the board; and (c) enter into contract with the board, obligating themselves to pursue to completion the course of study agreed upon, and following the completion of such work, to spend a period of time in teaching nursing at any accredited school of nursing in Mississippi, approved by the board, or in performing other work in the interest of public health in the state, to be approved by the board. Repayment and conversion terms shall be the same as outlined in Section 37-106-53.
  2. There is created a program for advanced study in nursing. Forgivable loans are established and shall be allocated to students who: (a) have graduated from an accredited high school and from a school of nursing and are licensed registered nurses in Mississippi; and (b) are approved by the board; and (c) enter into contract with the board, obligating themselves to pursue to completion the course of study agreed upon, and immediately following the completion of such work, to spend a period of time, equal to the period of study provided under the scholarship, in teaching nursing at any accredited school of nursing in Mississippi, approved by the board, or in performing other work in the interest of public health in the state, to be approved by the board. Repayment and conversion terms shall be the same as outlined in Section 37-106-53.
  3. In addition to a forgivable loan, any such student may be allocated a loan not to exceed One Thousand Dollars ($1,000.00) per month for each month of full-time study in a graduate nursing program. The repayment of the principal and interest of such loans shall be eligible for deferment during attendance as a full-time student in an approved program for advanced study in an accredited school of nursing. For any student who receives this loan, the student’s contract with the board shall obligate the student, immediately following completion of the course of study, to repay the loan by teaching nursing for not less than two (2) years at any accredited school of nursing in Mississippi approved by the board. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53, except that teaching service shall convert the loan to an interest-free scholarship, and discharge the same, on the basis of two (2) years of service for one (1) year’s loan amount, or the appropriate proportion of the total outstanding balance of principal and interest, all as established by rule and regulation of the board.
  4. The board shall establish the rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.

HISTORY: Laws, 2014, ch. 538, § 25, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to scholarships for advanced study in nursing were formerly found in §37-143-9 [Laws, 1991, ch. 547, § 5; Laws, 1993, ch. 593, § 2, eff from and after July 1, 1993], which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

§ 37-106-61. State medical forgivable loan program.

  1. There is hereby created the state medical forgivable loan program. The purpose of such program shall be to enable eligible applicants who desire to become physicians to obtain a medical education in the University of Mississippi School of Medicine, which will qualify them to become licensed, practicing physicians and surgeons.
  2. The board shall establish, by rule and regulation, the maximum annual award which may be made under this program at an amount not to exceed the cost of tuition and other expenses, and shall establish the maximum number of awards which may be made not to exceed the length of time required to complete the degree requirements and internship or residency.
  3. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53 and shall include the following:
    1. Payment in full of principal and interest must be made in sixty (60) or less equal monthly installments;
    2. In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into public health work at a state health institution as defined in Section 37-106-67(2), or community health centers that are grantees under Section 330 of the United States Public Health Service Act;
    3. In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into the practice of medicine in a primary health care field in an area outside of a metropolitan statistical area, as defined and established by the United States Census Bureau, and within a region ranking between 1 and 54, inclusively, on the Relative Needs Index of Five Factors for Primary Care Physicians, as annually determined by the State Board of Health, for a period of five (5) years.
  4. The board shall establish the rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.

HISTORY: Laws, 2014, ch. 538, § 26, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the medical loan or scholarship program were formerly found in §37-143-5 [Laws, 1991, ch. 547, § 3, eff from and after July 1, 1991], which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

Federal Aspects—

United States Public Health Service Act, see 42 USCS §§ 201 et seq.

§ 37-106-63. State dental forgivable loan program.

  1. There is hereby created the state dental forgivable loan program. The purpose of the program shall be to enable eligible applicants who desire to become dentists to obtain a standard four-year education in the study of dentistry in the University of Mississippi School of Dentistry, which will qualify them to become licensed, practicing dentists.
  2. The board shall establish, by rule and regulation, the maximum annual award which may be made under this program at an amount not to exceed the cost of tuition and other expenses, and shall establish the maximum number of awards, which may be made not to exceed the length of time required to complete the degree requirements.
  3. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53 and shall include the following:
    1. Payment in full of principal and interest must be made in sixty (60) or less equal monthly installments;
    2. In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into public health work at a state health institution as defined in Section 37-106-67(2), or community health centers that are grantees under Section 330 of the United States Public Health Service Act;
    3. In lieu of payment in full of both principal and interest, a loan recipient may elect to repay by entry into the practice of dentistry in an area outside of a metropolitan statistical area, as defined and established by the United States Census Bureau, and within a region ranking between 1 and 54, inclusively, on the Relative Needs Index of Four Factors for Dentists, as annually determined by the State Board of Health, for a period of five (5) years.
  4. The board shall establish the rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.

HISTORY: Laws, 2014, ch. 538, § 27, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the dental loan or scholarship program were formerly found in §37-143-7 [Laws, 1991, ch. 547, § 4, eff from and after July 1, 1991], which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

Federal Aspects—

United States Public Health Service Act, see 42 USCS §§ 201 et seq.

§ 37-106-65. Out-of-state graduate and professional school forgivable loan program.

The board, under such rules and regulations as it shall determine may provide forgivable loans for instruction in graduate and professional schools for qualified students, who are residents of Mississippi, in institutions outside the state boundaries, when such instruction is not available for them in the regularly supported Mississippi institutions of higher learning. The board shall, by its rules and regulations, determine the qualifications of such students as may be aided by this section, and the decision by the board as to the qualifications of such students shall be final. Subject to the availability of funding, the board shall provide forgivable loans for such graduate and professional instruction at a cost to students, not exceeding the cost, as estimated by the board, of such instruction, if it were available at a state supported institution of higher learning in the State of Mississippi. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.

HISTORY: Laws, 2014, ch. 538, § 28, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to out-of-state graduate and professional studies instruction were formerly found in §37-101-221 [Codes, 1942, § 6726.5; Laws, 1948, ch. 282, § 1; Laws, 1962, ch. 372], which was repealed by § 41 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

§ 37-106-67. Health care professions’ forgivable loan program.

  1. There is established a health care professions’ forgivable loan program. It is the intent of the Legislature that persons declaring an intention to work at certain state health institutions as nurses, nurse practitioners, speech pathologists, psychologists, occupational therapists and physical therapists shall be eligible for a loan for the purpose of acquiring an education in such professions. The board shall enter into contracts with applicants, providing that such loans may be discharged by working as a health care professional in a state health institution, as defined in this section. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  2. “State health institution” shall mean any of the following: any facility or program operated by the Department of Mental Health; the State Board of Health; mental health/intellectual disability facilities under the administration of a regional commission as established under Section 41-19-31 which are certified by the Department of Mental Health; and health care facilities under the Department of Corrections.
  3. The board shall establish rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.

HISTORY: Laws, 2014, ch. 538, § 29, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the health care professions’ loan program were formerly found in §37-143-13 [Laws, 1991, ch. 547, § 7; Laws, 1992, ch. 365, § 1; Laws, 2001, ch. 388, § 1; Laws, 2010, ch. 476, § 16, eff from and after passage (approved Apr. 1, 2010)], which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

§ 37-106-69. Family protection specialist social worker forgivable loan program.

  1. There is established a forgivable loan program to encourage family protection workers employed by the Department of Human Services to obtain the college education necessary to become licensed as a social worker, master social worker or certified social worker and become a family protection specialist for the department.
  2. Any person who is employed as a family protection worker for the Department of Human Services shall be eligible for a forgivable loan from the board which shall be used to pay the costs of the person’s education at a state institution of higher learning in Mississippi to obtain a college degree that is necessary to become licensed as a social worker, master social worker or certified social worker and become a family protection specialist for the department. The annual amount of a forgivable loan award under the program shall be equal to the total cost of tuition and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition and fees assessed by a state institution of higher learning during that school year.
  3. Forgivable loans made under the program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of two (2) annual awards. The maximum number of forgivable loans that may be made to students attending school on a part-time basis, and the maximum time period for part-time students to complete the number of academic hours necessary to obtain the necessary degree, shall be established by rules and regulations of the board. Forgivable loans made under the program shall not be based upon an applicant’s financial need. A student must maintain a “C” average or higher in his or her college coursework in order to continue receiving the forgivable loan.
  4. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53, except for the following:
    1. After a person who received a forgivable loan under the program has obtained a college degree that is necessary to become licensed as a social worker, master social worker or certified social worker and has received such a license from the Board of Examiners for Social Workers and Marriage and Family Therapists, the person shall render service as a family protection specialist for the Department of Human Services for a period of not less than three (3) years from the date that the person became a family protection specialist;
    2. Any person who fails to complete his or her service obligation as a family protection specialist for the Department of Human Services for not less than three (3) years, as required under subsection (4)(a) of this section, shall become liable immediately to the board for the sum of all forgivable loan awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.
  5. It is the intent of the Legislature that the pursuit of necessary college education by family protection workers through the forgivable loan program shall not interfere with the duties of the family protection workers with the Department of Human Services. The department shall promulgate regulations regarding family protection workers who participate in the forgivable loan program to ensure that such participation does not interfere with their duties with the department.
  6. The board shall promulgate rules and regulations necessary for the proper administration of the forgivable loan program established under this section. The board shall be the administering agency of the program.
  7. The total amount of state funds that may be expended for this program shall not exceed Three Hundred Twenty Thousand Dollars ($320,000.00) in any fiscal year.

HISTORY: Laws, 2014, ch. 538, § 30, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the family protection specialist social worker scholarship program were formerly found in §37-143-14 [Laws, 2007, ch. 544, § 1, eff from and after July 1, 2007], which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

Cross References —

Standards for employment as family protection worker, see §43-1-55.

Qualifications of family protection specialists, see §43-27-107.

§ 37-106-71. Mississippi Dyslexia Education Forgivable Loan Program [Effective until July 1, 2019].

  1. There is established the Mississippi Dyslexia Education Forgivable Loan Program for the purpose of identifying and recruiting qualified university and college students from the state for schooling in education with a focus on dyslexia therapy.
  2. The receipt of a forgivable loan under the program shall be solely limited to those students who are enrolled in or who have been accepted for enrollment into a master’s degree program of study for dyslexia therapy at any public or private institution of higher learning within the State of Mississippi at the time an application for a forgivable loan is filed with the board.
  3. The annual amount of the forgivable loan award shall be equal to the total cost for tuition, materials and fees at the college or university in which the student is enrolled. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
  4. Upon completion of the master’s program and licensure requirements, a forgivable loan recipient who has not been previously licensed by the State Department of Education shall render service as a licensed teacher of dyslexia therapy in a public school district in the state or an eligible nonpublic school as defined by Section 37-173-1 and meets the criteria established in Section 37-173-17, not to exceed five (5) recipients rendering services in a nonpublic school at any time.
  5. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  6. The board shall prepare and submit a report to the Legislature by January 1, 2015, and annually thereafter, outlining in detail the number of participants who have received forgivable loans under the program, the record of service provided by those recipients as they transition out of the degree program into the public school districts of this state, and the projection for expanding the program to include more participants annually as determined by the need for such qualified professionals in the public school setting. Additionally, the report shall include a summary of allocations and expenditures for the administration of the program and the total amount of funds issued to recipients of forgivable loans from the inception of the program until such time as the report has been prepared and submitted to the Legislature.
  7. The Mississippi Dyslexia Education Forgivable Loan Program shall be administered in the same manner as the Critical Needs Teacher Forgivable Loan Program established under Section 37-106-55 and shall be incorporated into the Critical Needs Teacher Forgivable Loan Program for all purposes.
  8. Funding for the establishment and continued operation of the Mississippi Dyslexia Education Forgivable Loan Program shall be administered by the board through a special fund established within the Critical Needs Teacher Forgivable Loan Program. The board may accept and receive monetary gifts and donations from any source, public or private, which such funds shall be deposited in the special fund for the benefit of the Mississippi Dyslexia Education Forgivable Loan Program with the Critical Needs Teacher Forgivable Loan Program.
  9. No more than twenty (20) students per cohort shall be selected annually to be admitted into the program for receipt of forgivable loans beginning with the 2013-2014 academic year. However, forgivable loans awarded under the program shall be provided only to students who have been accepted into a Dyslexia Therapy Master’s Degree Cohort Program approved by the State Department of Education that provides instructional training as required under Chapter 173, Title 37, Mississippi Code of 1972, for dyslexia therapy in preparation of those cohort students for AA licensure by the department.
  10. As part of the Mississippi Dyslexia Education Forgivable Loan Program, the State Department of Education is authorized and directed, subject to the availability of funds specifically appropriated therefor by the Legislature, to provide financial assistance for the recruitment, placement and employment of qualified licensed dyslexia therapy professionals identified under Section 37-173-15(1)(b), Mississippi Code of 1972, in order to provide dyslexia screening, evaluation and therapy services to the students attending school in the school district. Said funding may be used to purchase curriculum materials and supplies for dyslexia therapy services. Said funding shall be provided to public school districts upon application therefor regardless of the financial need of the school district in an amount not to exceed Fifty Thousand Dollars ($50,000.00) annually, and subject to specific appropriation therefor by the Legislature. In order to qualify for such funds, the school district shall meet the following criteria:
    1. Use licensed dyslexia therapists or individuals participating in an approved training program resulting in State Department of Education licensure to provide dyslexia therapy to students diagnosed with dyslexia;
    2. Use daily Orton-Gillingham-based therapy;
    3. Have school leadership trained in dyslexia; and
    4. Have a current School Program Verification and Assurances form on file with the State Department of Education, Office of Curriculum and Instruction.

      Procedures and standards for the application for such funds shall be established by regulations developed and issued by the State Board of Education.

HISTORY: Laws, 2014, ch. 538, § 31; Laws, 2015, ch. 427, § 1, eff from and after July 1, 2015.

Editor’s Notes —

Similar provisions relating to the Mississippi Dyslexia Education Scholarship Program were formerly found in §§37-159-51 [Laws, 2012, ch. 562, § 1, eff from and after July 1, 2012] and37-159-53 [Laws, 2012, ch. 562, § 2; Laws, 2013, ch. 429, § 1, eff from and after July 1, 2013], which were repealed by § 40 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

Amendment Notes —

The 2015 amendment added “or an eligible nonpublic school as defined by Section 37-173-1 and meets the criteria established in Section 37-173-17, not to exceed five (5) recipients rendering services in a nonpublic school at any time” at the end of (4); inserted “and annually thereafter” in the first sentence of (6); added (10); and made minor stylistic changes.

§ 37-106-71. Mississippi Dyslexia Education Forgivable Loan Program [Effective July 1, 2019].

  1. There is established the Mississippi Dyslexia Education Forgivable Loan Program for the purpose of identifying and recruiting qualified university and college students from the state for schooling in education with a focus on dyslexia therapy.
  2. The receipt of a forgivable loan under the program shall be solely limited to those students who are enrolled in or who have been accepted for enrollment into a master’s degree program of study for dyslexia therapy at any public or private institution of higher learning within the State of Mississippi at the time an application for a forgivable loan is filed with the board.
  3. The annual amount of the forgivable loan award shall be equal to the total cost for tuition, materials and fees at the college or university in which the student is enrolled. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
  4. Upon completion of the master’s program and licensure requirements, a forgivable loan recipient who has not been previously licensed by the State Department of Education shall render service in an instructional or clinical capacity as a licensed dyslexia therapist in a public school district in the state or an eligible nonpublic school as defined by Section 37-173-1 and meets the criteria established in Section 37-173-17, not to exceed five (5) recipients rendering instructional or clinical services in a nonpublic school at any time.
  5. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.
  6. The board shall prepare and submit a report to the Legislature by January 1, 2015, and annually thereafter, outlining in detail the number of participants who have received forgivable loans under the program, the record of service provided by those recipients as they transition out of the degree program into the public school districts of this state, and the projection for expanding the program to include more participants annually as determined by the need for such qualified professionals in the public school setting. Additionally, the report shall include a summary of allocations and expenditures for the administration of the program and the total amount of funds issued to recipients of forgivable loans from the inception of the program until such time as the report has been prepared and submitted to the Legislature.
  7. The Mississippi Dyslexia Education Forgivable Loan Program shall be administered in the same manner as the Critical Needs Teacher Forgivable Loan Program established under Section 37-106-55 and shall be incorporated into the Critical Needs Teacher Forgivable Loan Program for all purposes.
  8. Funding for the establishment and continued operation of the Mississippi Dyslexia Education Forgivable Loan Program shall be administered by the board through a special fund established within the Critical Needs Teacher Forgivable Loan Program. The board may accept and receive monetary gifts and donations from any source, public or private, which such funds shall be deposited in the special fund for the benefit of the Mississippi Dyslexia Education Forgivable Loan Program with the Critical Needs Teacher Forgivable Loan Program.
  9. No more than twenty (20) students per cohort shall be selected annually to be admitted into the program for receipt of forgivable loans beginning with the 2013-2014 academic year. However, forgivable loans awarded under the program shall be provided only to students who have been accepted into a Dyslexia Therapy Master’s Degree Cohort Program approved by the State Department of Education that provides instructional training as required under Chapter 173, Title 37, Mississippi Code of 1972, for dyslexia therapy in preparation of those cohort students for AA licensure by the department.
  10. As part of the Mississippi Dyslexia Education Forgivable Loan Program, the State Department of Education is authorized and directed, subject to the availability of funds specifically appropriated therefor by the Legislature, to provide financial assistance for the recruitment, placement and employment of qualified licensed dyslexia therapy professionals identified under Section 37-173-15(1)(b), Mississippi Code of 1972, in order to provide dyslexia screening, evaluation and therapy services to the students attending school in the school district. Said funding may be used to purchase curriculum materials and supplies for dyslexia therapy services. Said funding shall be provided to public school districts upon application therefor regardless of the financial need of the school district in an amount not to exceed Fifty Thousand Dollars ($50,000.00) annually, and subject to specific appropriation therefor by the Legislature. In order to qualify for such funds, the school district shall meet the following criteria:
    1. Use licensed dyslexia therapists or individuals participating in an approved training program resulting in State Department of Education licensure to provide dyslexia therapy to students diagnosed with dyslexia;
    2. Use daily Orton-Gillingham-based therapy;
    3. Have school leadership trained in dyslexia; and
    4. Have a current School Program Verification and Assurances form on file with the State Department of Education, Office of Curriculum and Instruction. Procedures and standards for the application for such funds shall be established by regulations developed and issued by the State Board of Education.

HISTORY: Laws, 2014, ch. 538, § 31; Laws, 2015, ch. 427, § 1, eff from and after July 1, 2015; Laws, 2019, ch. 462, § 1, eff from and after July 1, 2019.

§ 37-106-73. Speech-Language Pathologists Forgivable Loan Program.

  1. There is established a Speech-Language Pathologists Forgivable Loan Program. It is the intent of the Legislature that persons declaring an intention to work in an accredited public school (K-12), including a charter school, located in the State of Mississippi as a speech-language pathologist shall be eligible for a loan for the purpose of acquiring a master’s level education in such profession. The board shall enter into contracts with applicants, providing that such loans may be discharged by working as a master’s level speech-language pathologist in an accredited public school (K-12), including a charter school, located in the State of Mississippi.

    Repayment and conversion terms shall be the same as those outlined in Section 37-106-53.

  2. The board shall establish rules and regulations as it deems necessary and proper to carry out the purposes and intent of this section.

    The provisions of this section shall be subject to specific appropriation therefor by the Legislature.

HISTORY: Laws, 2014, ch. 538, § 32, eff from and after July 1, 2014.

Editor’s Notes —

Similar provisions relating to the Speech-Language Pathologists Loan Forgiveness Program were formerly found in §37-143-12 [Laws, 2012, ch. 491, § 1; Laws, 2013, ch. 497, § 86, eff from and after July 1, 2013], which was repealed by § 37 of Chapter 538, Laws of 2014, effective from and after July 1, 2014.

§ 37-106-75. Higher Education Legislative Plan Grant Program.

  1. The Legislature hereby establishes the Higher Education Legislative Plan Grant Program.
  2. For purposes of this section:
    1. “Institution of higher education” shall mean any state institution of higher learning or public community or junior college, or any regionally accredited, state-approved, nonprofit two-year or four-year college or university located in the State of Mississippi approved by the board.
    2. “Tuition” shall mean the semester or trimester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students. However, for a two-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the two-year public institutions of higher education defined in paragraph (a), and for a four-year nonpublic institution of higher education defined in paragraph (a), the tuition payments shall not exceed the average charges and fees required by all of the four-year public institutions of higher education defined in paragraph (a).
  3. Subject to the availability of funds, the state may pay the tuition of students who enroll at any state institution of higher education to pursue an academic undergraduate degree who apply for the assistance under the program and who meet all of the following qualifications:
    1. Resident of the State of Mississippi. Resident status for the purpose of receiving assistance under this chapter shall be determined in the same manner as resident status for tuition purposes in Sections 37-103-1 through 37-103-29, with the exception of Section 37-103-17;
    2. Graduate from high school within the two (2) years preceding the application with a minimum cumulative grade point average of 2.5 calculated on a 4.0 scale;
    3. Successfully complete, as certified by the high school counselor or other school official, seventeen and one-half (17-1/2) units of high school course work which includes the College Preparatory Curriculum (CPC) approved by the Board of Trustees of State Institutions of Higher Learning and required for admission into a state university, plus one (1) unit of art which may include one (1) unit or two (2) one-half (1/2) units from the approved Mississippi Department of Education Arts-Visual and Performing series, and one (1) additional advanced elective unit, which may include Foreign Language II;
    4. Have a composite score on the American College Test of at least twenty (20) on the 1989 version or an equivalent concordant value on an enhanced version of such test;
    5. Have no criminal record, except for misdemeanor traffic violations; and
    6. Be in financial need.
  4. Subject to the availability of funds, the state may pay the tuition of students who enroll at any state institution of higher education to pursue an academic undergraduate degree or associate degree who apply for assistance under the program and who meet the qualifications in paragraphs (a), (e) and (f) of subsection (3) but who fail to meet one (1) of the particular requirements established by paragraph (b), (c) or (d) of subsection (3) by an amount of ten percent (10%) or less.
  5. To maintain continued state payment of tuition, once enrolled in an institution of higher education, a student shall meet all of the following requirements:
    1. Make steady academic progress toward a degree, earning not less than the minimum number of hours of credit required for full-time standing in each academic period requiring such enrollment;
    2. Maintain continuous enrollment for not less than two (2) semesters or three (3) quarters in each successive academic year, unless granted an exception for cause by the board;
    3. Have a cumulative grade point average of at least 2.5 calculated on a 4.0 scale at the end of the first academic year and thereafter maintain such a cumulative grade point average as evaluated at the end of each academic year;
    4. Have no criminal record, except for misdemeanor traffic violations; and
    5. Be in financial need.
  6. The provisions of this section shall be administered by the board. The board may promulgate rules for all matters necessary for the implementation of this section. By rule, the board shall provide for:
    1. A mechanism for informing all students of the availability of the assistance provided under this section early enough in their schooling that a salutary motivational effect is possible;
    2. Applications, forms, financial audit procedures, eligibility and other program audit procedures and other matters related to efficient operation;
    3. A procedure for waiver through the 1996-1997 academic year of the program eligibility requirement for successful completion of a specified core curriculum upon proper documentation by the applicant that failure to comply with the requirement is due solely to the fact that the required course or courses were not available to the applicant at the school attended.
  7. An applicant shall be found to be in financial need if:
    1. The family has one (1) child under the age of twenty-one (21), and the annual adjusted gross income of the family is less than Forty-two Thousand Five Hundred Dollars ($42,500.00); or
    2. The family has an annual adjusted gross income of less than Forty-two Thousand Five Hundred Dollars ($42,500.00) plus Five Thousand Dollars ($5,000.00) for each additional child under the age of twenty-one (21).

      The annual adjusted gross income of the family shall be verified by completion of the Free Application for Federal Student Aid (FAFSA) and the completion of the verification process if the applicant is selected for it.

      As used in this subsection, the term “family” for an unemancipated applicant means the applicant, the applicant’s parents and other children under age twenty-one (21) of the applicant’s parents. The term “family” for an emancipated applicant means the applicant, an applicant’s spouse, and any children under age twenty-one (21) of the applicant and spouse.

  8. No student shall receive a grant under this section in an amount greater than the tuition charged by the school. The student must apply for a federal grant prior to receiving state funds.

HISTORY: Laws, 2014, ch. 538, § 33, eff from and after July 1, 2014.

Editor’s Notes —

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, a typographical error in the bracketed effective date information preceding the first version of the section was corrected by inserting “after” preceding “July.”

§ 37-106-77. Teaching Fellows Program.

  1. There is established the Teaching Fellows Program to attract qualified teachers by awarding forgivable loans to persons declaring an intention to serve in the teaching field who actually render service in the State of Mississippi while possessing an appropriate teaching license.
  2. Beginning with the 2015-2016 academic year, the Teaching Fellows Program shall be used to provide a four-year forgivable loan of Six Thousand Five Hundred Dollars ($6,500.00) per year to Mississippi high school seniors interested in preparing to teach in the public schools of the state. The awarding of forgivable loans under the Teaching Fellows Program shall be administered by the Postsecondary Education Financial Assistance Board. The Postsecondary Education Financial Assistance Board shall adopt stringent standards, including a minimum grade point average and scholastic aptitude test scores, for awarding these forgivable loans to ensure that only the highest aptitude high school seniors receive them.
  3. The State Board of Education shall administer the program in cooperation with the schools of education of the universities and colleges selected by the board. Teaching Fellows should be exposed to a range of extracurricular activities while in college. These activities should be geared to instilling a strong motivation not only to remain in teaching but to provide leadership for tomorrow’s schools.
  4. The State Board of Education shall form regional review committees to assist it in identifying the highest aptitude high school seniors for the program. The State Board of Education and the review committees shall make an effort to identify and encourage minority students and students who may not otherwise consider a career in teaching to enter the program.
  5. Repayment and conversion terms shall be the same as those outlined in Section 37-106-53 except that the Postsecondary Education Financial Assistance Board shall forgive the loan in the following circumstances:
    1. Within seven (7) years after graduation, the recipient teaches for four (4) years at a Mississippi public school or at a school operated by the United States government in Mississippi;
    2. Within seven (7) years after graduation, the recipient teaches for three (3) consecutive years, unless the recipient takes an approved leave of absence, at a Mississippi public school in a school district that at the time the recipient accepts reemployment with the district which is under conservatorship or is a low-performing school system identified in accordance with Section 37-17-6 or is on probation status as defined by the State Board of Education; or
    3. The board finds that it is impossible for the recipient to teach for four (4) years, within seven (7) years after graduation, at a Mississippi public school or at a school operated by the United States government in Mississippi, because of the death or permanent disability of the recipient.
  6. The State Board of Education and the Postsecondary Education Financial Assistance Board shall jointly promulgate rules and regulations for the proper administration of the Teaching Fellows Program established under this section. The State Board of Education shall be the administering agency of the program.

HISTORY: Laws, 2014, ch. 538, § 44, eff from and after July 1, 2014.

Cross References —

Post-Secondary Education Financial Assistance Board, see §37-106-9.

§ 37-106-79. Teacher Education Alternate Route Certification Scholars Program.

  1. There is created the Teacher Education Alternate Route Certification Scholars Program to be administered by the Postsecondary Education Financial Assistance Board. Beginning with the 2015-2016 academic year, the program shall provide an annual forgivable loan not to exceed Five Thousand Dollars ($5,000.00) for one (1) of the following alternate route programs:
    1. Mississippi Alternate Path to Quality Teachers Training Institute;
    2. Teach Mississippi Institute;
    3. Career Tech Education (CTE); or
    4. Masters of Arts in Teaching (MAT).
  2. Qualifying alternate route certification teacher education scholars must:
    1. Hold a bachelor’s degree from a regionally or nationally accredited institution of higher learning;
    2. Have a minimum GPA of 3.0 based on a 4.0 scale on the last sixty (60) credit hours of baccalaureate work, as reported by the graduating institution; and
    3. Meet the Mississippi minimum score requirements for national exams as required for educator certification as determined by the State Department of Education.
  3. A teacher education alternate route certified scholar who completes the program shall render one (1) year’s service as a teacher in a Mississippi public school for each year that the scholar received an award under the program. Repayment and conversion terms shall be the same as outlined in Section 37-106-53.
  4. The Postsecondary Education Financial Assistance Board shall promulgate such rules as are necessary to administer the Teacher Education Alternate Route Certification Scholars Program and establish necessary eligibility criteria not specifically set forth in this section.
  5. Awards granted under the Teacher Education Alternate Route Certification Scholars Program shall be made available to nontraditional licensed teachers showing a documented need for student loan repayment and employed in those school districts designated by the State Board of Education as a geographical area of the state or in a subject area of the curriculum in which there is a critical shortage of teachers. Repayment and conversion terms shall be the same as outlined in Section 37-106-53 except that the maximum annual amount of this repayment should not exceed Three Thousand Dollars ($3,000.00) and the maximum time period for repayment shall be no more than four (4) years.
  6. The provisions of this section shall be subject to appropriation by the Legislature.

HISTORY: Laws, 2014, ch. 538, § 45, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (6) by substituting “provisions” for “provision.” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Editor’s Notes —

Post-Secondary Education Financial Assistance Board, see §37-106-9.

Chapter 107. Scholarships for Children of Deceased or Disabled Law Enforcement Officers or Firemen

§§ 37-107-1 through 37-107-9. Repealed.

Repealed by Laws of 2014, ch. 538, § 34, effective from and after July 1, 2014.

§37-107-1. [Codes, 1942, § 6726.9-01; Laws, 1971, ch. 373, § 1; Laws, 1985, ch. 517, § 1; Laws, 1989, ch. 339, § 1; Laws, 1990, ch. 382, § 1, eff from and after passage (approved March 13, 1990).]

§37-107-3. [Codes, 1942, § 6726.9-01; Laws, 1971, ch. 373, § 1; Laws, 1972, ch. 450, § 1; Laws, 1974, ch. 569, § 4; Laws, 1985, ch. 517, § 2; Laws, 1988, ch. 470; Laws, 1990, ch. 382, § 2; Laws, 1992, ch. 377, § 1; Laws, 2004, ch. 410, § 1, eff from and after passage (approved Apr. 26, 2004.)]

§37-107-5. [Codes, 1942, § 6726.9-02; Laws, 1971, ch. 373, § 2; Laws, 1985, ch. 517, § 3, eff from and after July 1, 1985.]

§37-107-7. [Codes, 1942, § 6726.9-03; Laws, 1971, ch. 373, § 3, eff from and after passage (approved March 16, 1971).]

§37-107-9. [Codes, 1942, § 6726.9-04; Laws, 1971, ch. 373, § 4, eff from and after passage (approved March 16, 1971).].

Editor’s Notes —

Former §37-107-1 related to eligibility requirements for scholarships for children of deceased or disabled law enforcement officers or firefighters. For present similar provisions, see §37-106-39.

Former §37-107-3 provided definitions for terms used in former Chapter 107.

Former §37-107-5 related to determining permanent and total disability of law enforcement officer or firefighter. For present similar provisions, see §37-106-39.

Former §37-107-7 related to the scholarship application process. For present similar provisions, see §37-106-39.

Former §37-107-9 related to the administration of the scholarship program.

Chapter 108. Scholarships for Children of Prisoners of War or Men Missing in Action

§§ 37-108-1 through 37-108-5. Repealed.

Repealed by Laws of 2014, ch. 538, § 35, effective from and after July 1, 2014.

§37-108-1. [Codes, 1942, § 6724.1-11; Laws, 1972, ch. 300, § 1; Laws, 1973, ch. 459, § 1; Laws, 1980, ch. 503, eff from and after passage (approved May 16, 1980).]

§37-108-3. [Codes, 1942, § 6724.1-12; Laws, 1972, ch. 300, § 2, eff from and after passage (approved February 4, 1972).]

§37-108-5. [Codes, 1942, § 6724.1-13; Laws, 1972, ch. 300, § 3, eff from and after passage (approved February 4, 1972).]

Editor’s Notes —

Former §37-108-1 related to eligibility requirements for scholarships for children of prisoners of war or men missing in action. For present similar provisions, see §37-106-41.

Former §37-108-3 related to the scholarship application process. For present similar provisions, see §37-106-41.

Former §37-108-5 related to the administration of the scholarship program.

Chapter 109. Medical Education Loans and Scholarships [Repealed]

§§ 37-109-1 through 37-109-27. Repealed.

Repealed by Laws, 1991, ch. 547, § 12, eff from and after July 1, 1991.

§37-109-1. [Codes, 1942, § 9054-20; Laws, 1966, ch. 423, § 1, eff from and after June 30, 1966.]

§37-109-2. [Laws, 1975, ch. 480, § 1, eff from and after passage (approved April 7, 1975) ]

§37-109-3. [Codes, 1942, § 9054-26; Laws, 1960, ch. 358, § 6, eff from and after passage (approved May 11, 1960) ]

§37-109-5. [Codes, 1942, § 9054-27; Laws, 1960, ch. 358, § 7, eff from and after passage (approved May 11, 1960) ]

§37-109-6 [Laws, 1975, ch. 480, § 4, eff from and after passage (approved April 7, 1975) ]

§37-109-7. [Codes, 1942, § 9054.28; Laws, 1960, ch. 358, § 8; Laws, 1975, ch. 480, § 2, eff from and after passage (approved April 7, 1975) ]

§37-109-8. [Laws, 1975, ch. 480, § 5, eff from and after passage (approved April 7, 1975) ]

§37-109-9. [Codes, 1942, §§ 9054-28, 9054-33; Laws, 1960, ch. 358, §§ 8, 13; Laws, 1966, ch. 423, § 5, eff from and after June 30, 1966]

§37-109-11. [Codes, 1942, § 9054-29; Laws, 1960, ch. 358, § 9; Laws, 1962, ch. 415, § 1; Laws, 1966, ch. 423, § 2; Laws, 1975, ch. 480, § 3; Laws, 1976, ch. 366; Laws, 1979, ch. 306, eff from and after passage (approved February 19, 1979) ]

§37-109-13. [Codes, 1942, § 9054-31; Laws, 1960, ch. 358, § 11; Laws, 1966, ch. 423, § 4, eff from and after June 30, 1966]

§37-109-15. [Codes, 1942, § 9054-32; Laws, 1960, ch. 358, § 12, eff from and after passage (approved May 11, 1960) ]

§37-109-17. [Codes, 1942, § 9054-30; Laws, 1960, ch. 358, § 10; Laws, 1962, ch. 415, § 2; Laws, 1966, ch. 423, § 3, eff from and after June 30, 1966]

§37-109-19. [Codes, 1942, § 9054-34; Laws, 1960, ch. 358, § 14, eff from and after passage (approved May 11, 1960) ]

§37-109-21. [Codes, 1942, § 9054-35; Laws, 1960, ch. 358, § 15; Laws, 1966, ch. 423, § 6, eff from and after June 30, 1966]

§37-109-23. [Codes, 1942, § 9054-36; Laws, 1960, ch. 358, § 16, eff from and after passage (approved May 11, 1960) ]

§37-109-25. [Codes, 1942, §§ 9054-29, 9054-37; Laws, 1960, ch. 358, §§ 9, 17; Laws, 1962, ch. 415, § 1; Laws, 1966, ch. 423, § 2; Laws, 1970, ch. 528, § 1, eff from and after July 1, 1970]

§37-109-27. [Codes, 1942, § 9054-38; Laws, 1960, ch. 358, § 18, eff from and after passage (approved May 11, 1960)]

Editor’s Notes —

Laws of 1991, ch. 547, § 18, effective July 1, 1991, provides as follows:

“The Board of Trustees of State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

Former §37-109-1 provided for transfer of functions from state medical education board to state institutions of higher learning. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-2 provided definitions for this chapter. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-3 provided the powers and duties of the board. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-5 provided eligibility requirements. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-6 provided for the selection of eligible applicants. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-7 provided for loans and scholarships. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-8 provided for provision of loans based on greatest need. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-9 provided provisions relating to contracts. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-11 provided conditions as to repayment. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-13 provided requirements for practice in state-supported institutions. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-15 provided for effect of military service. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-17 provided for service of process and summons on recipient removing from the state as well as for venue and continuances. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-19 provided for contracts for admission of students to medical schools. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-21 provided for the creation of a revolving fund. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-23 provided for repayment of loans under previous laws. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-25 provided for reports and accounting. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Former §37-109-27 provided a declaration of purpose for this chapter. For current provisions governing medical loans or scholarship programs, see §37-143-5.

Chapter 110. Mississippi Public Management Graduate Intern Program

§§ 37-110-1 through 37-110-5. Repealed.

Repealed by Laws of 2014, ch. 538, § 36, effective July 1, 2014.

§37-110-1. [Laws, 1980, ch. 506, § 1, eff from and after July 1, 1980; Laws, 1993, ch. 551, § 1, eff from and after July 1, 1993.]

§37-110-3. [Laws, 1980, ch. 506, § 2, eff from and after July 1, 1980.]

§37-110-5. [Laws, 1980, ch. 506, § 3, eff from and after July 1, 1980; Laws, 1993, ch. 551, § 2, eff from and after July 1, 1993.]

Editor’s Notes —

Former §37-110-1 established the Mississippi Public Management Graduate Intern Program. For present similar provisions, see §37-106-43.

Former §37-110-3 created the Mississippi Intern Public Management Education Council. For present similar provisions, see §37-106-43.

Former §37-110-5 created the position of program coordinator to be the chief administrative officer of the Mississippi Public Management Graduate Intern Program and prescribed the program coordinator’s powers and duties. For present similar provisions, see §37-106-43.

§ 37-110-7. Duties and responsibilities of participating universities.

It shall be the duty and responsibility of universities participating in the intern program to nominate qualified graduate students to said program and to keep the program coordinator fully apprised of the academic development of the intern student, including any change in the student’s educational status.

HISTORY: Laws, 1980, ch. 506, § 4, eff from and after July 1, 1980.

Editor’s Notes —

The intent of Chapter 538 appears to have been to repeal Chapter 110, Title 37 (Sections 37-110-1 through 37-110-11) in its entirety, but Section 37-110-7 was omitted from the list of sections repealed by Section 36 of Chapter 538, which provides:

“SECTION 36. Sections 37-110-1, 37-110-3, 37-110-5, 37-110-9 and 37-110-11, Mississippi Code of 1972, which provided for the Mississippi Public Management Graduate Intern Program, are repealed.”

§§ 37-110-9 and 37-110-11. Repealed.

Repealed by Laws of 2014, ch. 538, § 36, effective July 1, 2014.

§37-110-9. [Laws, 1980, ch. 506, § 5, eff from and after July 1, 1980; Laws, 1993, ch. 551, § 3, eff from and after July 1, 1993.]

§37-110-11. [Laws, 1980, ch. 506, § 6, eff from and after July 1, 1980.].

Editor’s Notes —

Former §37-110-9 related to the employment of intern students in state or local agencies participating in the Mississippi Public Management Graduate Intern Program. For present similar provisions, see §37-106-43.

Former §37-110-11 related to assessment of intern program by participating students. For present similar provisions, see §37-106-43.

Chapter 111. Fraternities, Sororities and Other Societies

§ 37-111-1. Students may organize.

For the purpose of promoting higher standards of scholarship, a greater degree of culture, closer social fellowship and a stronger college spirit among the students of the state universities and colleges, any group of students in such institutions shall be permitted to organize themselves into such societies as academic, professional, honorary, Masonic, or so-called Greek letter fraternities or sororities, or similar organizations whether of a local or connectional character as provided in this chapter.

HISTORY: Codes, 1930, § 7309; 1942, § 6792; Laws, 1926, ch. 312.

Cross References —

Prohibition against fraternities in high schools, see §§37-11-37 et seq.

Prohibition against fraternities in junior college, see §§37-29-235 et seq.

RESEARCH REFERENCES

ALR.

Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity. 68 A.L.R.4th 228.

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 28.

6 Am. Jur. Proof of Facts 3d, Civil Liability of Member or Officer of Unincorporated Association, §§ 1 et seq.

CJS.

14 C.J.S., Colleges and Universities § 27.

JUDICIAL DECISIONS

1. In general.

A fraternity house which was an incorporated association existing solely by virtue of §§37-111-1 to37-111-11 was a suable entity; although §§ 37-111-1 to37-111-11 do not provide that such an association may sue or be sued in its chosen name, such can be implied from the statutory recognition of such an association as a legal entity. Beta Beta Chapter of Beta Theta Pi Fraternity v. May, 611 So. 2d 889, 1992 Miss. LEXIS 798 (Miss. 1992).

§ 37-111-3. Consent of faculty necessary.

No society of the character designated in Section 37-111-1 shall be organized without first having made written application to the faculty of the institution concerned, which application shall be signed by each of the proposed membership. A majority vote of the faculty present at a regular meeting shall suffice to approve or reject such application. The board of trustees of state institutions of higher learning may determine who constitutes the members of the faculty having jurisdiction of student activities.

HISTORY: Codes, 1930, § 7310; 1942, § 6793; Laws, 1926, ch. 312.

RESEARCH REFERENCES

ALR.

Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity. 68 A.L.R.4th 228.

§ 37-111-5. Repealed.

Repealed by Laws, 2011, ch. 375, § 1, effective from and after July 1, 2011.

§37-115-5. [Codes, 1930, § 7311; 1942, § 6794; Laws, 1926, ch. 312.]

Editor’s Notes —

Former §37-111-5 provided student eligibility requirements for membership in fraternities, sororities or other similar university or college societies.

§ 37-111-7. Meetings.

Organizations of the character designated in Section 37-111-1 shall be permitted to hold their regular meetings for academic, social or business purposes in such places as the authorities may agree upon. Such organizations shall not be permitted to purchase, lease, or as an organization live within a domicile especially set apart for their purpose at any time, except under such regulations as shall be prescribed by the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1930, § 7312; 1942, § 6795; Laws, 1926, ch. 312.

§ 37-111-9. Lease.

The board of trustees of state institutions of higher learning is hereby authorized and empowered, in its discretion, to lease to social fraternities, sororities, or other social organizations, upon such conditions as it may prescribe, for a term not exceeding ninety-nine years, any land at any state-supported institution of higher learning for the purpose of erecting fraternity houses, sorority houses, or other facilities for recreation thereon.

HISTORY: Codes, 1942, § 6796.5; Laws, 1948, ch. 280.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. Legal Forms 2d, Colleges and Universities § 60:136 (lease to fraternity).

§ 37-111-11. Members must obey all rules of the institution.

The members of organizations of the character designated in Section 37-111-1, shall be amenable to the same rules and regulations as any and all other students in the institution. In the event that the members of such an organization become guilty of continued violation of the rules and of infractions of discipline the board of trustees of state institutions of higher learning shall have the authority to dissolve such society and prohibit further meetings or its continuation as an organization. A failure to comply with the requirements of the trustees shall be a cause for suspension or expulsion from the institution as the faculty of the same may elect.

HISTORY: Codes, 1930, § 7313; 1942, § 6796; Laws, 1926, ch. 312.

Cross References —

Hazing prohibited, see §97-3-105.

RESEARCH REFERENCES

ALR.

Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity. 68 A.L.R.4th 228.

§ 37-111-13. State Board of Institutions of Higher Learning directed to study fire safety of private fraternity and sorority houses located on state property.

The State Board of Institutions of Higher Learning shall study the fire safety of private fraternity and sorority houses located on state property. Such study shall include the feasibility of fire sprinkler systems and the evaluation of fire safety procedures. The board shall report its written findings and recommendations to the Chairmen of the Senate and House Insurance Committees on or before January 1, 2006.

HISTORY: Laws, 2005, ch. 527, § 2, eff from and after passage (approved Apr. 20, 2005.).

Chapter 113. Mississippi State University of Agriculture and Applied Science

In General

§ 37-113-1. Name.

The name of the state institution of higher learning designated heretofore as Mississippi A & M College, and subsequently as Mississippi State College, is hereby changed to Mississippi State University of Agriculture and Applied Science, and wherever the term Mississippi A & M College or Mississippi State College appears in the laws of the State of Mississippi, the same shall be construed to refer to the Mississippi State University of Agriculture and Applied Science.

HISTORY: Codes, 1942, § 6689; Laws, 1932, ch. 155; Laws, 1958, ch. 317.

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Contributions by certain counties towards construction and equipping of facilities for University of Mississippi, see §§37-115-69 through37-115-75.

Participation by Mississippi State University Cooperative Extension Service in the correctional industries work program, see §§47-5-501 et seq.

§ 37-113-3. Organization of the university.

The state institution of higher learning, as incorporated by an act of the legislature, approved February 28, 1878, by the name of the “Agricultural and Mechanical College of Mississippi,” and established in pursuance of that act, shall continue to exist as a body-politic and corporate, by the name of the “Mississippi State University of Agriculture and Applied Science,” with all its property and the franchises, rights, powers, and privileges heretofore conferred on it by law, or properly incident to such a body and necessary to accomplish the purpose of its creation; said university may receive and hold all real and personal property conveyed to it for such purpose.

HISTORY: Codes, 1880, § 767; 1892, § 11; 1906, § 11; Hemingway’s 1917, § 3386; 1930, § 7183; 1942, § 6690.

Cross References —

Donation of land by United States for the support of agricultural and mechanical colleges, see Miss. Const. Art. 8, § 213.

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

Water resources research institute, see §57-55-7.

Mississippi Energy Research Center, see §57-55-15.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 9 et seq.

CJS.

14 C.J.S., Colleges and Universities §§ 3 et seq.

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. In general.

Trial court properly granted a university’s motion to dismiss plaintiff’s personal injury complaint where the university was definitively identified as an institution of the State of Mississippi; therefore, service of process was dictated by Miss. R. Civ. P. 4(d)(5), and plaintiff should have served the Attorney General of the State of Mississippi rather than the university president. Jones v. Miss. State Univ., 948 So. 2d 509, 2007 Miss. App. LEXIS 45 (Miss. Ct. App. 2007).

Though § 5, Chapter XIX of Laws of Mississippi of 1878 provided that the Board of Trustees could sue and be sued, that language was not carried over into the present statutes and neither this nor any other statute concerning the university could be construed as waiving the university’s Eleventh Amendment immunity. Jagnandan v. Giles, 538 F.2d 1166, 1976 U.S. App. LEXIS 7037 (5th Cir. 1976), cert. denied, 432 U.S. 910, 97 S. Ct. 2959, 53 L. Ed. 2d 1083, 1977 U.S. LEXIS 2533 (U.S. 1977).

§ 37-113-5. Appropriation for the support of the university.

The interest arising from the proceeds of the fund known as the “Agricultural Land Scrip Fund” is appropriated and devoted, to the extent of one-half of it, to the Mississippi State University of Agriculture and Applied Science, and may be drawn from the treasury, upon warrant of the auditor, to be issued upon the requisitions of the treasurer, from time to time, as such interest may accrue and be wanted for the use of the university.

HISTORY: Codes, 1880, § 775; 1892, § 19; 1906, § 19; Hemingway’s 1917, § 3387; 1930, § 7184; 1942, § 6691.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 37-113-6. University lands shall not be taxed.

The lands and property of Mississippi State University shall not be subject to state, county or municipal taxation. The buildings and improvements that are or may be erected on any land belonging to the university that has been or may be leased to private entities for the purpose of affording affordable board to the students attending the institution shall not be subject to taxation.

HISTORY: Laws, 2017, ch. 378, § 1, eff from and after passage (approved Mar. 22, 2017).

§ 37-113-7. Acquisition or sale of land.

  1. The board of trustees of state institutions of higher learning is hereby authorized, in its discretion, to acquire by purchase, gift, or otherwise, any real property required by and for the use of Mississippi State University of Agriculture and Applied Science, and said university is authorized to hold, use and operate such real property in conducting its authorized and necessary program of work. This section is designed to make it possible for said university and its subdivisions to acquire, hold and operate real property needed in its program of operations without the benefit of state funds specifically appropriated for the purchase of such properties. Such properties shall be acquired or purchased on the recommendation of the Director of the Mississippi Agricultural and Forestry Experimental Station made to the president of said university and approved by the board of trustees of state institutions of higher learning.
  2. The board of trustees of state institutions of higher learning is hereby authorized, in its discretion, to sell any such real property purchased or otherwise acquired under the authority of subsection (1) for the use of Mississippi State University of Agriculture and Applied Science or its subdivisions when such property is not needed in the university’s programs of operations. Such properties shall be sold on the recommendation of the Director of the Mississippi Agricultural and Forestry Experimental Station made to the president of the university and approved by the board of trustees of state institutions of higher learning. The proceeds from the sale of such properties may be used to purchase other real properties for the use of the university under the provisions of subsection (1), or may be retained by the university for its operations. Consideration for the sale of real property hereunder shall not be less than the fair market price thereof as determined by a professional property appraiser selected and approved by the state building commission. Said appraisal shall be filed with the state building commission as least thirty (30) days prior to the proposed sale of said property. Appraisal fees shall be shared equally by the university and the purchaser.
  3. The board of trustees of state institutions of higher learning is hereby authorized and empowered to sell the following described property owned by Mississippi State University of Agriculture and Applied Science in Oktibbeha County, Mississippi, to-wit: Commence at the Northeast corner of the Southeast Quarter of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi and use as the point of beginning. Thence run West along the North boundary of the South Half of Section 15 a distance of 3,997 feet to the East right-of-way of Macon-Aberdeen Road; thence run South along said right-of-way a distance of 20 feet; thence run East a distance of 800 feet; thence run South 78 degrees 41’ East a distance of 102 feet; thence run East a distance of 410 feet; thence run South a distance of 1,107 feet; thence run East a distance of 2,687 feet to the East boundary of Section 15; thence run North along said East boundary of Section 15 a distance of 1,147 feet to the point of beginning. Being 71.56 acres located in the East Three Quarter of the South Half of Section 15, Township 19 North, Range 15 East, Oktibbeha County, Mississippi.

    The proceeds from the sale of said property shall be used by the board of trustees of state institutions of higher learning to purchase other real property adjacent or in close proximity to the Mississippi State University of Agriculture and Applied Science, or its subdivisions, suitable for use in the university’s programs of operation. Consideration for the sale and purchase of said property shall be for the fair market price thereof as determined by a professional property appraiser selected and approved by the state building commission. Said appraisals shall be filed with the state building commission at least thirty (30) days prior to the proposed sale or purchase of said property. Appraisal fees shall be shared equally by the university and the purchaser in the case of the sale herein authorized, and by the university and the seller(s) in the case of the purchase herein authorized.

  4. The board of trustees of state institutions of higher learning is hereby authorized and empowered to sell the following described property owned by Mississippi State University of Agriculture and Applied Science in George County, Mississippi, to-wit: The South West Quarter of the North West Quarter of Section Twenty, in Township One South of Range Six West, of the St. Stephens Meridian, Mississippi, containing Forty and Thirty One Hundredths of an acre.

    The proceeds from the sale of said property shall be used by the board of trustees of state institutions of higher learning to purchase other real property adjacent or in close proximity to the Mississippi State University of Agriculture and Applied Science, or its subdivisions, suitable for use in the university’s programs of operation. Consideration for the sale and purchase of said property shall be for the fair market price thereof as determined by a professional property appraiser selected and approved by the state building commission. Said appraisals shall be filed with the state building commission at least thirty (30) days prior to the proposed sale or purchase of said property. Appraisal fees shall be shared equally by the university and the purchaser in the case of the sale herein authorized, and by the university and the seller(s) in the case of the purchase herein authorized.

  5. The board of trustees of state institutions of higher learning is hereby authorized and empowered to sell the following described property owned by Mississippi State University of Agriculture and Applied Science in Lauderdale County, Mississippi, to-wit: The Northeast Quarter of the Northeast Quarter of Section 2, in Township 6, Range 16 East, plus applicable easements and mineral rights thereto.

    The proceeds from the sale of said property shall be used by the board of trustees of state institutions of higher learning to purchase other real property adjacent or in close proximity to the Mississippi State University of Agriculture and Applied Science, or its subdivisions, suitable for use in the university’s programs of operation. Consideration for the sale and purchase of said property shall be for the fair market price thereof as determined by a professional property appraiser selected and approved by the state building commission. Said appraisals shall be filed with the state building commission at least thirty (30) days prior to the proposed sale or purchase of said property. Appraisal fees shall be shared equally by the university and the purchaser in the case of the sale herein authorized, and by the university and the seller(s) in the case of the purchase herein authorized.

  6. When any property is sold by the board of trustees of state institutions of higher learning pursuant to this section, the board shall retain for the State of Mississippi any mineral rights which the board or the university has in such land.

HISTORY: Codes, 1942, § 6691.5; Laws, 1950, ch. 380, §§ 1, 2; Laws, 1982, ch. 465, eff from and after passage (approved April 20, 1982).

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Laws of 2014, ch. 304, § 1 provides:

“SECTION 1. (1) Mississippi State University of Agriculture and Applied Sciences is authorized to enter into a parking garage license agreement with Cooley Center Hotel, LLC and its successors and assigns (“Hotel”) for a term of fifty-five (55) years regarding Hotel’s use of a part of the parking garage to be constructed on property that is located in the City of Starkville, Mississippi and is more particularly described as follows:

“A parcel of land containing 1.67 acres, more or less, and being a part of Block 31 of the Starkville Land Company subdivision as platted and recorded in the Oktibbeha County Chancery Clerk’s office in Plat Book 1 at Page 15 (Slide 8) and being more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 304, Laws of 2014]

“(2) The parking garage license agreement may include an option to renew the agreement for one (1) term of fifty five (55) years.

“(3) The parking garage license agreement and any amendments to the agreement shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved parking garage license agreement and any amendments to the agreement shall not be cancelled by successor boards based on the binding successor doctrine.”

Laws of 2014, ch. 304, § 2 provides:

“SECTION 2. (1) Mississippi State University of Agriculture and Applied Sciences is authorized to enter into a ground lease with Cooley Center, LLC and its successors and assigns (“Cooley”) for a term of fifty-five (55) years to lease the property on which the “Cooley Building” is located for the purposes of Cooley’s renovation of the Cooley Building. The Cooley Building is located at 600 Russell Street in the City of Starkville, Mississippi on a parcel more particularly described as follows:

[For a complete description of the property, see Section 2 of Chapter 304, Laws of 2014]

“(2) The ground lease may include an option to renew the lease for no more than two (2) lease terms of five (5) years each.

“(3) The ground lease and any amendments to the lease shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved ground lease and any amendments to the lease shall not be cancelled by successor boards based on the binding successor doctrine.”

Laws of 2014, ch. 304, § 3 provides:

“SECTION 3. (1) Mississippi State University of Agriculture and Applied Sciences is authorized to enter a sublease agreement to sublease at least thirty six thousand (36,000) rentable square feet of office space from Cooley Center, LLC and its successors and assigns for a term of fifteen (15) years. The office space is located within the property known as the “Cooley Building” and is more particularly described in Section 2(1) of this act.

“(2) The sublease agreement may include an option to renew the sublease for no more than four (4) terms of five (5) years each and a final term of six (6) years.

“(3) The sublease agreement and any amendments to the agreement shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved sublease agreement and any amendments to the agreement shall not be cancelled by successor boards based on the binding successor doctrine.”

Laws of 2014, ch. 304, § 4 provides:

“SECTION 4. (1) Mississippi State University of Agriculture and Applied Sciences is authorized to enter into a ground lease with the Mayor and Board of Aldermen of the City of Starkville, Mississippi, for a term of ten (10) years to lease the real property on which a parking garage will be constructed. The real property is located in the City of Starkville, Mississippi, and is more particularly described in Section 1(1) of this act.

“(2) The ground lease and any amendments to the lease shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved ground lease and any amendments to the lease shall not be cancelled by successor boards based on the binding successor doctrine.”

Laws of 2014, ch. 304, § 5 provides:

“SECTION 5. (1) Mississippi State University of Agriculture and Applied Sciences (“MSU”) is authorized to enter into a parking garage use and operation agreement with the Mayor and Board of Aldermen of the City of Starkville, Mississippi, regarding MSU’s use of the parking garage to be constructed on the real property that is located in the City of Starkville, Mississippi, and that is more particularly described in Section 1(1) of this act. The parking garage use and operation agreement shall be for a term beginning after construction of the parking garage is complete and ending when the ground lease authorized under Section (4) of this act expires.

“(2) The parking garage use and operation agreement and any amendments to the agreement shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved parking garage use and operation agreement and any amendments to the agreement shall not be cancelled by successor boards based on the binding successor doctrine.”

Laws of 2016, ch. 354, § 2, provides: “SECTION 2. Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, Mississippi State University is authorized and empowered, in its discretion, to lease to the Starkville-Oktibbeha Consolidated School District and the Starkville-Oktibbeha Consolidated School District is authorized and empowered, in its discretion, to lease from Mississippi State University, upon mutually agreeable terms and conditions, land suitable for a model rural education school to serve all sixth- and seventh-grade students from Oktibbeha County for a term not to exceed ninety-nine (99) years. Any such lease shall not be cancelled by successor boards based on the binding successor doctrine.”

Laws of 2016, ch. 493, §§ 1 through 4 provide: “SECTION 1. (1) The Board of Trustees of State Institutions of Higher Learning, acting on behalf of Mississippi State University of Agriculture and Applied Sciences, is authorized to enter into a long-term lease of all or any portion of certain real property under its control and possession. The property described in this section shall be leased for a period not to exceed a term of forty (40) years and one (1) additional option for a renewal period not to exceed ten (10) years, for the purposes of developing housing and/or retail space for the benefit of the university. The property to be leased being more particularly described as follows:

[For a complete description of the property, see Section 1, Chapter 493, Laws of 2016]

“(2) The lease and any amendments to the lease of all or any portion of the real property authorized for lease under subsection (1) of this section shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved lease and any amendments to the lease shall not be cancelled by successor boards based on the binding successor doctrine.

“SECTION 2. (1) The Board of Trustees of State Institutions of Higher Learning, acting on behalf of Mississippi State University of Agriculture and Applied Sciences, is authorized to enter into a long-term sublease of all or any portion of the real property described in Section 1 of this act which is under its control and possession for a period not to exceed a term of forty (40) years and one (1) additional option for a renewal period not to exceed ten (10) years.

“(2) The sublease and any amendments to the sublease of all or any portion of the real property described in Section 1 of this act shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved sublease and any amendments to the sublease shall not be cancelled by successor boards based on the binding successor doctrine.

“SECTION 3. If all or any portion of the property described in Section 1 is leased, Mississippi State University of Agriculture and Applied Sciences, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease or sublease and any terms and ancillary agreements pertaining to any lease or sublease as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state.

“SECTION 4. (1) All proceeds derived or received from the agreements and leases entered into under this section shall be deposited into a special fund and expended only for the use and benefit of Mississippi State University.

“(2) At the end of the lease term provided in this act, the property leased under the authority provided herein shall revert to Mississippi State University.

“(3) The State of Mississippi shall retain all mineral rights to the real property leased under Section 1 of this act.

“(4) The Department of Finance and Administration is authorized to correct any discrepancies in the property described in Section 1 of this act.”

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Agricultural and Forestry Experimental Station, see §37-113-17.

§ 37-113-9. Apportionment of students.

The right belongs to each county to have a number of students admitted to the Mississippi State University of Agriculture and Applied Science proportionate to its number of educable males compared with the whole number in the state.

HISTORY: Codes, 1892, § 22; 1906, § 22; Hemingway’s 1917, § 3390; 1930, § 7187; 1942, § 6694.

§ 37-113-11. Making and announcement of apportionment of students.

The apportionment of students to be admitted to the Mississippi State University of Agriculture and Applied Science shall be made and announced by the president of the university annually, on or before the first day of July, and communicated to the superintendent of education of the counties. The total attendance at any session shall not exceed the entire allotment to the several counties for such session.

HISTORY: Codes, 1892, § 23; 1906, § 23; Hemingway’s 1917, § 3391; 1930, § 7188; 1942, § 6695.

§ 37-113-13. Certificates of selection.

The superintendent of education of each county, after due notice published, shall give certificates of selection to the number of students to which the county is entitled to have admitted to the Mississippi State University of Agriculture and Applied Science, and this in addition to those already in the university, if any. This selection of new students shall be made by drawing, if more than the county’s quota apply.

The certificate of selection shall be attested by the clerk of the board of supervisors under its seal, and shall entitle the holder to admission into the university, with all its privileges, to pursue all its industrial branches selected, and to enter the subclass or class for which he is fitted.

HISTORY: Codes, 1892, §§ 24, 25; 1906, §§ 24, 25; Hemingway’s 1917, §§ 3392, 3393; 1930, §§ 7189, 7190; 1942, §§ 6696, 6697.

§ 37-113-15. Dormitory privileges.

The privilege of rooming in the dormitories belongs to the free students, and to the due quota of students from each county in preference to all others, on the basis of the present dormitory capacity in the Mississippi State University of Agricultural and Applied Science.

HISTORY: Codes, 1892, § 21; 1906, § 21; Hemingway’s 1917, § 3389; 1930, § 7186; 1942, § 6693.

§ 37-113-17. Agricultural and forestry experimental station.

The money received by this state, under Act of Congress, entitled “An act to establish agricultural experimental stations, etc.,” approved March 2, 1887, and the provisions of which were accepted by this state, by act approved January 31, 1888, and assigned to the Mississippi State University of Agriculture and Applied Science, shall be expended under its direction. The agricultural and forestry experimental station for this state is established at and with said university, and the board of trustees of state institutions of higher learning shall have full control thereof.

HISTORY: Codes, 1892, § 27; 1906, § 27; Hemingway’s 1917, § 3395; 1930, § 7191; 1942, § 6698; Laws, 1888, p. 54; Laws, 1970, ch. 262, § 1, eff from and after passage (approved April 3, 1970).

Cross References —

Authorization of branch agricultural experimental stations, see §§37-113-21,37-113-23.

Retirement system for employees of experiment stations and extension service, see §37-113-25.

Surface mining and reclamation of land, see §§53-7-1 et seq.

Authorization and creation of Mississippi state chemical laboratory, see §§57-21-1 et seq.

Duties of commissioner of agriculture and commerce, see §69-1-13.

Board comprised of directors of Department of Economic and Community Development, Cooperative Extension Service, Small Farm Development Center and Agricultural and Forestry Experiment Station shall develop definitions, guidelines and procedures for implementing Mississippi Farm Reform Act, see §69-2-13.

Mississippi fertilizer law, see §§75-47-1 et seq.

§ 37-113-19. Agricultural extension services.

The State of Mississippi by its legislature assents to and accepts the provisions and requirements of an act entitled “An act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act entitled ‘An act donating public lands of the several counties and territories which may provide colleges for the benefit of agriculture and the mechanical arts,’ approved July 2, 1862, and all acts supplementary thereto, and the United States Department of Agriculture,” approved by the President on the 22nd day of May, 1928. The board of trustees of state institutions of higher learning, on behalf of the Mississippi State University of Agriculture and Applied Science, is authorized and empowered to receive the grants of money appropriated under said act and to organize and conduct agricultural extension work, which shall be carried on in connection with the said university in accordance with the terms and conditions expressed in the said act of congress.

HISTORY: Codes, Hemingway’s 1917, § 3397; 1930, § 7192; 1942, § 6699; Laws, 1916, ch. 127; Laws, 1930, ch. 66.

Cross References —

Lease of prison lands to Mississippi Agricultural Extension Service, see §47-5-56,47-5-58,47-5-64,47-5-66, and47-5-70.

Designation of Mississippi State University of Agriculture and Applied Science as agency to administer federal aid projects, see §69-27-101.

§ 37-113-20. Issuance of wireless communication device to faculty or extension service agent; statement of need and purpose of use.

  1. For the purposes of this section, the following terms shall have the meanings ascribed to them in this section unless the context otherwise clearly requires:
    1. “Wireless communication device” means any handheld, portable or mobile electronic device capable of transmitting or exchanging data in the form of multimedia, graphics, text, or voice that meets all the following criteria:
      1. The device has a wireless communication capability and is mobile;
      2. The device requires an upfront or periodic charge or fee to utilize the wireless communications capability; and
      3. The wireless communication capability that requires an upfront or periodic fee is activated.

      For purposes of this section, a notebook or laptop computer is not considered a wireless communication device.

    2. “Director” means the Mississippi State University Extension Service Director, the Mississippi State University Agricultural and Forestry Experiment Station Director, the Mississippi State University Forestry and Wildlife Research Center Director or the Dean of the Mississippi State University College of Veterinary Medicine.
  2. The director or his designee may, at his discretion, assign or otherwise make available for usage one or more wireless communications devices to a faculty member or an agent of the Mississippi State University Extension Service under his direct or indirect supervision after the director, or his designee, signs a statement certifying the need or purpose for issuing the device. No faculty member or extension service agent to whom has been assigned a wireless communication device under this paragraph shall use the assigned device for personal use except in those cases where the personal use does not incur additional charges or fees as a result of the personal use. A detailed billing of wireless services for devices referred to in this paragraph shall be obtained on a periodic basis and reviewed by the director, or his designee, to audit usage and verify compliance with this section.
  3. No state-appropriated funds shall be used to pay for the acquisition or use of a wireless communication device issued under this section.

HISTORY: Laws, 2013, ch. 452, § 1, eff from and after July 1, 2013.

§ 37-113-21. Branch agricultural experimental stations.

  1. Agriculture is the primary industry of Mississippi and it is to the interest of said state agriculture that research in the fields of livestock products, pastures and forage crops, poultry, herd and flock management, horticulture, farm mechanization, soil conservation, forestry, disease and insect and parasite control, the testing of plants and livestock under different conditions, farm enterprises for different sized farms under different soil and climatic conditions and market locations, and other important phases of Mississippi’s agricultural economy, be expanded in the manner provided for in this section.
  2. There is hereby authorized a branch experiment station to be known as the Brown Loam Branch Experiment Station, which is to be located on a part of that tract of land owned by the State of Mississippi and formerly operated as the Oakley Penitentiary and known as the Oakley Youth Development Center, same to be selected in accordance with Laws, 1954, Chapter 159, Section 3, and used as an agricultural experiment station. This property is to be supplied with necessary buildings, equipment, and other facilities; and title to such Oakley Penitentiary Farm, now known as the Oakley Youth Development Center, is to be transferred to the Board of Trustees of State Institutions of Higher Learning for the use of the Mississippi Agricultural and Forestry Experimental Station as the site of, and to be used for said Brown Loam Branch Experiment Station in accordance with Laws, 1954, Chapter 159, Section 3.

    There is hereby authorized a branch experiment station to be known as the Coastal Plain Branch Experiment Station to be located on a suitable tract of approximately nine hundred (900) acres to be purchased in the upper coastal plain or short leaf pine area of east central Mississippi and to be supplied with necessary buildings, equipment, and other facilities.

    The enlargement of the Holly Springs Branch Experiment Station, hereafter to be known as the North Mississippi Branch Experiment Station, is hereby authorized, by the purchase of approximately five hundred (500) acres of additional land adjacent to or in the vicinity of either of the two (2) farms now operated by said branch stations, and by the provision of the necessary buildings, equipment, and other facilities, and the sale as, hereinafter provided, of that farm of said branch station which is not adjacent to the additional land to be purchased.

    There is hereby authorized the reactivation of the former McNeil Branch Experiment Station to be operated as a part of the South Mississippi Branch Experiment Station at Poplarville, and to be supplied with necessary buildings, equipment, and other facilities.

    There is hereby authorized a branch experiment station to be known as the Black Belt Branch Experiment Station to be located on a suitable tract of approximately six hundred forty (640) acres of land to be purchased in Noxubee County, Mississippi, and to be supplied with the necessary buildings, equipment, and other facilities.

    There is hereby authorized a branch experiment station to be known as the Northeast Mississippi Branch Experiment Station to be located on a suitable tract of approximately two hundred (200) acres of land to be purchased in Lee County, Mississippi. Said station shall be primarily devoted to the development of the dairy industry and shall be supplied with necessary buildings, equipment, and other facilities.

    There is hereby authorized the expansion of the office and laboratory building at the Delta Branch Experiment Station at Stoneville and of the office and laboratory and dwellings for station workers at the Truck Crops Branch Experiment Station at Crystal Springs.

  3. The governing authorities of any municipality, town, or county in the state may, in their discretion, donate land, money or other property to the Board of Trustees of State Institutions of Higher Learning in furtherance of the purposes of this section.

    For the purpose of securing funds to carry out this subsection, the governing authorities of such municipality, town, or county are hereby authorized and empowered, in their discretion, to issue bonds or negotiate notes for the purpose of acquiring by purchase, gift, or lease real estate for the purpose herein authorized. Such issuance of bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on counties, municipalities and towns, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bond or notes by the governing authorities of such municipality, town, or county.

  4. Any person, firm or corporation may contribute or donate real or other property to the Board of Trustees of State Institutions of Higher Learning in furtherance of the purpose of this section.
  5. The Board of Trustees of State Institutions of Higher Learning is hereby authorized, upon recommendation of the Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science, which recommendation is approved by and transmitted to said board by the president of said university, to carry out the provisions of this section with particular reference to the establishment, reactivation, expansion, and the discontinuance of branch stations as herein provided, to receive and accept title to any land or property or money herein authorized, to buy or sell and dispose of any real or personal property herein authorized, to make available for carrying into effect the provisions of this section all money received from such sale or sales, and to do any and all things necessary to effectuate the purposes of this section. One-half (1/2) interest in and to all oil, gas and other minerals shall be retained under any lands sold hereunder.
  6. A gift of One Hundred Thousand Dollars ($100,000.00), authorized by the general education board of the Rockefeller Foundation for the development of agricultural research, with particular reference to expanding the branch experiment stations and conditioned upon a general program of expansion substantially, as herein provided, is hereby accepted. The Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science is authorized and instructed to control and expend such fund in the same manner as other funds appropriated to carry out the provisions of this section.
  7. The experiment station in Clay County, Mississippi, shall not be affected by this section.

HISTORY: Codes, 1942, § 6699-01; Laws, 1946, ch. 296, §§ 1-16; Laws, 1954, ch. 159, § 1; Laws, 2010, ch. 554, § 2, eff from and after July 1, 2011.

Amendment Notes —

The 2010 amendment, effective from and after July 1, 2011, twice substituted “Oakley Youth Development Center” for “Oakley Training School” in the first paragraph in (2) and made minor stylistic changes.

Cross References —

Establishment of agricultural and forestry experimental station, see §37-113-17.

Retirement system for employees of experiment station and extension service, see §37-113-25.

Leasing of hunting rights on certain land of Delta Branch Experiment Station prohibited, but public permitted to hunt on such land, see §37-113-28.

§ 37-113-22. Research and extension activities promoting seafood industry.

The Mississippi Cooperative Extension Service and the Mississippi Agricultural and Forestry Experiment Station are authorized and encouraged to exercise any research and extension activities necessary to promote the Mississippi seafood industry.

It is not the intent of this section to mandate or authorize any new branch agricultural experiment stations for the purpose of carrying out the provisions of this section.

HISTORY: Laws, 1984, ch. 440, eff from and after passage (approved April 26, 1984).

Cross References —

Establishment of branch agricultural experimental stations, see §37-113-21.

§ 37-113-23. Pontotoc Ridge-Flatwoods Soil Experiment Station.

  1. There is hereby authorized a branch experiment station, to be known as the “Pontotoc Ridge-Flatwoods Soil Experiment Station,” to be located on a suitable tract of approximately six hundred acres of land in Pontotoc County, Mississippi, the site of which is to be selected by the director of the agricultural and forestry experimental station at the Mississippi State University of Agriculture and Applied Science. Said acreage shall be divided equally, as nearly as practicable, between the Pontotoc Ridge and Flatwoods soil types, for the purpose of experimentation with said two types of soil in forestry, pasture-improvement, horticulture, soil conservation, truck crops, forage crops, poultry, disease and insect control and general farm products. The said experiment station shall be supplied with the necessary buildings, equipment, and other facilities.
  2. The purpose of this section is to provide for increased efficiency in agriculture research for the farmers in the Pontotoc Ridge and Flatwoods soil types, who have been denied this service for all these years. Said branch experiment station shall serve the following named counties, to-wit: The Pontotoc Ridge soil begins at the Tennessee line and traverses the counties of Alcorn, Prentiss, Union, Pontotoc, Chickasaw and Clay. The Flatwoods soil which joins the Pontotoc Ridge soil on the west, begins at the Tennessee line and traverses the counties of Tippah, Benton, Union, Pontotoc, Calhoun, Chickasaw, Webster, Clay, Choctaw, Oktibbeha, Winston, Neshoba, Kemper and Lauderdale County or other counties applicable to these conditions.
  3. The governing authorities of any municipality, town, or county in the state, or any person, firm or corporation may contribute or donate land, money or other property to the board of trustees of state institutions of higher learning in furtherance of the purpose of this section.
  4. The board of trustees of state institutions of higher learning is hereby authorized, upon the recommendation of the director of the agricultural and forestry experimental station at Mississippi State University of Agriculture and Applied Science, which recommendation is approved by and transmitted to said board by the president of said university, to establish said Pontotoc Ridge-Flatwoods soil experiment station, to receive and accept title to any land or money or property herein authorized or to be authorized, made available or to be made available by the state legislature, to purchase land, let contracts for the construction of necessary buildings, to equip same, and to further equip said experiment station with farm equipment and any and all other equipment, and to do all things necessary to effectuate the purposes of this section.

HISTORY: Codes, 1942, § 6699-02; Laws, 1948, ch. 193, §§ 1-4.

Cross References —

Establishment of agricultural and forestry experimental station, see §37-113-17.

Establishment of branch agricultural experimental stations, see §37-113-21.

Retirement system for employees of experiment station and extension service, see §37-113-25.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. Legal Forms 2d, Colleges and Universities §§ 60:141-60:148 (private gifts and bequests).

§ 37-113-25. Retirement system for employees of the agricultural and forestry experimental station and extension service.

The board of trustees of state institutions of higher learning is hereby authorized to establish and maintain a system of retirement for the employees of the agricultural and forestry experimental station and extension service, out of any federal funds available under the provisions of the act of congress, approved March 4, 1940, and out of contributions made by the employees of such experimental station and extension service.

In the establishment of such special retirement system, the board of trustees of state institutions of higher learning shall have full authority to make all needful rules and regulations, to carry into effect the provisions of this section.

HISTORY: Codes, 1942, § 6725-01; Laws, 1944, ch. 162, §§ 1, 2.

Cross References —

Social security and state retirement and disability benefits generally, see §§25-11-3 et seq.

Establishment of agricultural and forestry experimental station, see §§37-113-17,37-113-19.

Establishment of branch agricultural experimental stations, see §§37-113-21,37-113-23.

§ 37-113-27. Funding of agricultural research program at Delta Branch Experiment Station.

In order to provide for a more comprehensive method of improvement, promotion and development of agricultural research at the Delta Branch Experiment Station, the tax collector of each county of the State of Mississippi located in whole or in part in a levee district, shall deduct annually from all state ad valorem taxes collected by him a sum equal to the avails of a levy of one mill on the dollar of the assessed valuation of taxable property within such county upon which state ad valorem taxes are levied and collected, provided that such county in its discretion levies the one-fourth mill provided for in the third paragraph of this section. Said tax collector is hereby authorized and directed to pay same to Mississippi State University of Agriculture and Applied Science.

Any funds so paid to said university shall be used for agricultural research at the Delta Branch Experiment Station, with primary attention being given to a cotton research program and for providing needed laboratories and other facilities and equipment for agricultural research.

The board of supervisors of any county coming within the provisions of this section shall be authorized to levy, at the time and in the manner other county tax levies are made, and such levy shall be made as a condition precedent to the operation of this section in such county, an ad valorem tax of one-fourth mill against all of the taxable property of such county. Said ad valorem tax levy shall be collected as other taxes are collected, and shall be paid into a special fund of such county and shall be paid over to the Mississippi State University of Agriculture and Applied Science and shall be used at the Delta Branch Experiment Station for agricultural research, with primary attention being given to a cotton research program and for providing laboratories and other facilities and equipment for agricultural research. Such tax levy shall be in addition to all other levies now authorized by law, and no limitation or inhibition now in the statute against the levying of such a tax shall be effective against such levy. Such one-fourth mill ad valorem levies shall not be reimbursed under the Mississippi homestead exemption laws.

In the event similar diversions are already made from the avails of the state ad valorem tax levy in such a county, then this section shall be considered as supplemental thereto, and such laws authorizing such diversions shall not apply to the provisions of this section.

HISTORY: Codes, 1942, § 6699-31; Laws, 1962, ch. 168, §§ 1-6; Laws, 1968, ch. 361, § 9, eff from and after January 1, 1972.

Cross References —

Establishment of agricultural and forestry experimental station, see §37-113-17.

Establishment of branch agricultural experimental stations, see §37-113-21.

Leasing of hunting rights on certain land of Delta Branch Experiment Station prohibited, but public permitted to hunt on such land, see §37-113-28.

§ 37-113-28. Leasing of hunting rights on certain land of Delta Branch Experiment Station prohibited; public permitted to hunt on such land.

Neither the Board of Trustees of State Institutions of Higher Learning, nor any person acting on behalf thereof, shall lease or rent hunting rights on any land located in Washington County, Mississippi, under the jurisdiction, ownership or trusteeship of the Mississippi Agriculture and Forestry Experiment Station, Delta Branch at Stoneville, but shall allow the public to hunt on such lands in accordance with the rules, regulations and permits as shall be adopted by the Delta Branch Experiment Station. The Department of Wildlife, Fisheries and Parks shall assist in the enforcement of such rules, regulations and permits as adopted by the Delta Branch Experiment Station, as well as enforcing the general hunting statutes of the State of Mississippi.

HISTORY: Laws, 1993, ch. 306, § 1, eff from and after passage (approved January 26, 1993).

Cross References —

Establishment of agricultural and forestry experimental station, see §37-113-17.

Establishment of branch agricultural experimental stations, see §37-113-21.

§ 37-113-29. Camp for 4-H Club members in Panola County.

The agricultural extension service of the Mississippi State University of Agriculture and Applied Science, by and with the approval and consent of the president of said university and the board of trustees of state institutions of higher learning, is hereby authorized and empowered to create, establish, equip and maintain a 4-H Club demonstration camp on a designated area on Sardis Lake in Panola County, Mississippi, on lands belonging to the federal government and leased to the agricultural extension service for such purpose.

It shall be the duty and responsibility of the agricultural extension service of said university to direct and supervise the utilization of this facility in carrying out the purposes of this section. When not in use by the agricultural extension service for the purpose herein provided, this facility may be rented to other organizations for educational and recreational use only. Any money derived from such rental shall be used by the agricultural extension service by and with the approval of the president of said university and the board of trustees of state institutions of higher learning, for maintaining and further improving such facilities for use of the 4-H Clubs in Mississippi.

The purpose of this section is to authorize the agricultural extension service of said university, by and with the approval and consent of the president of said university and the board of trustees of state institutions of higher learning, to establish, equip and maintain this 4-H Club demonstration camp for the purpose of teaching these Mississippi boys and girls standards of better farm and home making, the importance of and the methods of conservation of our natural resources, and the development of character and leadership and training for citizenship. To accomplish such purposes, the agricultural extension service, by and with the approval and consent of the president of said university and the board of trustees of state institutions of higher learning, is authorized and empowered to do such things as may be necessary, and to prescribe such rules and regulations as it may deem proper to carry out and put into effect the intent and purpose of this section.

HISTORY: Codes, 1942, § 6699-05; Laws, 1950, ch. 198, §§ 1-3.

§ 37-113-31. Camp for 4-H Club members in Madison County.

The agricultural extension service of the Mississippi State University of Agriculture and Applied Science, by and with the approval and consent of the president of said university and the board of trustees of state institutions of higher learning, is hereby authorized and empowered to create, establish, equip and maintain a 4-H Club demonstration camp for Negro 4-H Club members, located on a designated area in Madison County, Mississippi, on lands belonging to the State of Mississippi.

It shall be the duty and responsibility of the agricultural extension service of said university to direct and supervise the utilization of this facility in carrying out the purposes of this section. When not in use by the agricultural extension service for the purpose herein provided, this facility may be rented to other Negro organizations for educational and recreational use only. Any money derived from such rental shall be used by the agricultural extension service by and with the approval of the president of said university and the board of trustees of state institutions of higher learning, for maintaining and further improving such facilities for use of the 4-H Clubs of Mississippi.

The purpose of this section is to authorize the agricultural extension service of Mississippi by and with the approval and consent of the president of said university and the board of trustees of state institutions of higher learning, to establish, equip and maintain this 4-H Club demonstration camp for the purpose of teaching the Negro boys and girls of Mississippi standards of better farm and home making, the importance of and the methods of conservation of our natural resources, and the development of character and leadership and training for citizenship. To accomplish such purposes, the agricultural extension service, by, and with the approval and consent of the president of said university and the board of trustees of state institutions of higher learning, is authorized and empowered to do such things as may be necessary, and to prescribe such rules and regulations as it may deem proper, to carry out and put into effect the intent and purpose of this section.

HISTORY: Codes, 1942, § 6699-06; Laws, 1950, ch. 195, §§ 1-3.

§ 37-113-33. Foundation herds of beef cattle, sheep and hogs.

The board of trustees of state institutions of higher learning is hereby authorized and empowered to purchase, breed, maintain, manage, show and sell foundation herds of beef cattle, sheep and hogs at the Mississippi State University of Agriculture and Applied Science. The said board is further authorized to establish necessary facilities, to employ and maintain necessary personnel, and to take any other action necessary to carry out this program.

The purpose of this program is to provide a means for the broadening, balancing, and rounding-out of courses in animal husbandry for the training of animal husbandry students in livestock breeding, feeding, fitting, showing, judging, buying and selling, and to establish and maintain a source of foundation seed stock.

Selected animals purchased, or produced, under this program may be sold only at public auctions sponsored by breed associations, after approval of the board of trustees of state institutions of higher learning. The proceeds accruing from the sales of such animals, from show premium money, or from any other source, shall revert to, and be used for the maintenance of the revolving fund, when established by law, to carry out this program.

This is a remedial statute and shall be liberally construed to accomplish its purpose.

HISTORY: Codes, 1942, § 6699-07; Laws, 1952, ch. 269, §§ 1-4.

§ 37-113-35. Survey of farm lands operated by state institutions; land use plan.

Mississippi State University of Agriculture and Applied Science is hereby authorized and directed, through its agricultural extension service or other appropriate divisions or services of the institution, to make a survey of all farms and farm lands operated by the various state institutions, and to prepare for each of the said institutions a five-year plan of land use based on good husbandry and the particular needs of each institution. Separate plans shall be made for each institution and shall be submitted to the governing authorities of the institution affected. The governing authorities of such institutions shall put such plan into effect as soon as may be practicable. The university shall also cause to be made a detailed report and compilation of the survey made at each institution, and the plan prepared for each, which report shall be printed and bound in book or pamphlet form and distributed as follows: ten (10) copies each to the governor and the legislative budget office, and one (1) copy to each member of the legislature, or state official or institution requesting the same.

Each year after submitting the aforesaid plan to the several institutions, the university, through its agricultural extension service or other appropriate divisions or services of the institution, shall make a semiannual inspection of each institution for which a plan was submitted, and determine what progress has been made by the institution in adopting and carrying into effect or to completion the plan prepared for it. A report of each inspection made hereunder shall be made to the governor and the legislative budget office.

HISTORY: Codes, 1942, § 6699-11; Laws, 1946, ch. 247, §§ 1, 2; Laws, 1984, ch. 488, § 203, eff from and after July 1, 1984.

Cross References —

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

§ 37-113-37. Inventory of livestock owned by state institutions; livestock program.

The heads of all state institutions owning any livestock shall make and file with the agricultural extension service of the Mississippi State University of Agriculture and Applied Science a complete and detailed inventory every three months of all livestock owned and used by such institutions. Such inventory shall be executed under oath, shall be on such forms as may be prescribed by the agricultural extension service, and shall fully describe and give the number and location of all such livestock and also such other information with reference thereto as the director of the agricultural extension service may require.

The agricultural extension service shall, for each of the institutions filing such inventories, inaugurate a livestock feeding, care and breeding program. It shall be the duty and responsibility of the executive head of each institution for which a program has been promulgated or inaugurated to see that such program is put into effect and fully complied with.

It shall be the duty of the said agricultural extension service to check each of the institutions coming hereunder at least once every six months to ascertain if the livestock program promulgated for it is being complied with and put into effect, to ascertain if all livestock is being properly inventoried, used and cared for, and to ascertain that such livestock is not being unduly dissipated or used for purposes not authorized by law.

If at any time it shall appear to the agricultural extension service that any institution coming hereunder is negligent in filing inventories hereunder or in carrying out the program promulgated for it, or is permitting its livestock to be unduly dissipated, or is using the same or any part thereof for purposes not authorized by law, the director of the agricultural extension service may, by order and until the convening of the next regular session of the legislature, prevent such institution from using any of its livestock for any purposes without first obtaining a permit from the director of said agricultural extension service, and the said director may limit the use of said livestock to such extent as he may deem necessary and proper for the best interest of the State of Mississippi.

If any official or employee of any state institution coming hereunder neglects, fails or refuses to comply with any of the terms or provisions of this section, the livestock program promulgated for such official or employee’s institution hereunder, or any order of the director of the agricultural extension service issued hereunder, such official or employee shall be liable for a fine of not exceeding five hundred dollars ($500.00), and on conviction, shall be removed from his office or employment.

The agricultural extension service shall report to each session of the legislature any violations hereof, giving in detail all facts with reference thereto and also such other information relative to the livestock of the various institutions of the state as it may deem of interest to the legislature.

HISTORY: Codes, 1942, § 6699-21; Laws, 1946, ch. 298, §§ 1-6.

§ 37-113-39. Regulation of transportation of passengers for hire on university’s campus and grounds.

No public automobile for the transportation of passengers for hire shall be operated on any of the highways or streets on the campus or grounds of the Mississippi State University of Agriculture and Applied Science without a license from said university to the owner thereof. No fee shall be charged for the issuance of such license and such license shall be subject to revocation by the university authorities at any time without notice. This section shall not apply to any common carrier of passengers who has duly qualified with the Mississippi public service commission.

Any person running or operating an automobile at any time in violation of this section shall be guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by a fine of not more than one hundred dollars ($100.00) or by thirty days in jail or by both before any court of competent jurisdiction.

HISTORY: Codes, 1930, §§ 7193, 7194; 1942, §§ 6700, 6701; Laws, 1922, ch. 206; Laws, 1940, ch. 201.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-113-41. J. C. Hardy Memorial Fund.

The board of trustees of state institutions of higher learning is hereby authorized to establish a fund to be known as the J. C. Hardy Memorial Fund.

The fund herein authorized shall be raised and supplemented by donations, gifts, legacies, and otherwise. Under the supervision of said board of trustees, said fund or the proceeds therefrom shall be used to assist sons of low-income Mississippi citizens to meet their educational expenses at the Mississippi State University of Agriculture and Applied Science.

HISTORY: Codes, 1942, § 6702; Laws, 1940, ch. 197.

§ 37-113-43. Contributions by certain counties towards construction, erection and equipping of university facilities.

Any county of this state now or hereafter having a population of more than one hundred thousand according to the latest available census, and in which there is located a municipality of one hundred thousand or more, acting by and through its board of supervisors, is hereby authorized and empowered to contribute the sum of one million dollars ($1,000,000.00) toward the construction, erection and equipping of educational facilities to be utilized by Mississippi State University of Agriculture and Applied Science within such county, by the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 2926-42; Laws, 1962, ch. 370, § 2.

§ 37-113-45. Issuance and sale of bonds; election; terms; tax levy.

Any such county as is provided for in Section 37-113-43 is hereby authorized and empowered to issue and sell its bonds, notes or other evidences of indebtedness for the purpose of providing funds with which to make the contribution or donation authorized under the provisions of said section. Such bonds, notes or other evidences of indebtedness shall not be issued in an amount which will exceed the limit of indebtedness of said county as such limit is prescribed by Sections 19-9-1 through 19-9-31, Mississippi Code of 1972. Before issuing any such bonds, notes or other evidences of indebtedness, the board of supervisors acting for such county shall adopt a resolution declaring its intention to issue the same, stating the amount and purpose thereof and fixing the date upon which an election will be held on the proposition. Notice of such election shall be given by publication of such resolution once a week for at least three consecutive weeks in at least one newspaper published in said county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed in such resolution for the holding of said election as aforesaid and the last publication shall be made not more than seven days prior to such date. At such election all qualified electors of said county may vote and the ballots used shall have printed thereon a brief statement of the amount and purpose of the bonds, notes or other evidences of indebtedness proposed to be issued and the voter shall vote by placing a cross (x) or check (Π) opposite his choice on the proposition. The bonds, notes or other evidences of indebtedness authorized herein shall not be issued unless authorized by the affirmative vote of a majority of the qualified voters of said county who vote on the proposition at such election. Such election shall be conducted and the returns thereof made, canvassed, and declared as nearly as may be in like manner as is now or may hereafter be provided by law in the case of general elections in counties. In the event that the question of the issuance of such bonds, notes or other evidences of indebtedness be not authorized at such election, such question shall not again be submitted to a vote until the expiration of a period of six months, from and after the date of such election.

Such bonds, notes or other evidences of indebtedness shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear such rate or rates of interest and shall mature in such amounts and at such times as may be provided and directed by the board of supervisors of said county. Such bonds shall bear interest at a rate or rates not exceeding six per cent per annum and shall mature in not more than twenty-five years from the date thereof and shall be sold for not less than par and accrued interest.

Any bonds authorized to be issued at an election as provided for in this section shall be issued by such county, acting by and through its board of supervisors, at such times and in such amounts as shall be provided for by resolution of the board of trustees of state institutions of higher learning.

All bonds, notes or other evidences of indebtedness issued hereunder shall be secured by a pledge of the full faith, credit and resources of such county. There shall annually be levied upon all taxable property within said county an ad valorem tax in addition to all other taxes, sufficient to provide for the payment of the principal of and the interest on said bonds, notes or other evidences of indebtedness as the same respectively mature and accrue.

HISTORY: Codes, 1942, § 2926-43; Laws, 1962, ch. 370, § 3.

Cross References —

County acting generally with municipality within it, see §17-1-5.

Uniform system for issuance of county bonds, see §§19-9-1 through19-9-31.

§ 37-113-47. Utilization of proceeds of contributions.

The proceeds of any contribution made by any county under the provisions of Section 37-113-43, including the proceeds from the sale of any bonds issued for such purposes, shall be paid by the board of supervisors of such county into the state treasury into a special fund to the credit of the board of trustees of state institutions of higher learning, and shall thereafter be utilized and expended by said board of trustees of state institutions of higher learning in the construction, erection and equipping of educational facilities in such county to be utilized by the Mississippi State University of Agriculture and Applied Science.

HISTORY: Codes, 1942, § 2926-43; Laws, 1962, ch. 370, § 3.

Cross References —

Uniform system for issuance of county bonds, see §§19-9-1 through19-9-31.

§ 37-113-48. “Old Extension Service Building” designated “Lloyd-Ricks-Watson Building.”

The building located at 255 Tracy Drive in Mississippi State, Mississippi, and also known as the “Old Extension Service Building,” shall be named the “Lloyd-Ricks-Watson Building” after former university employees Edward R. Lloyd and James R. Ricks, and current university employee Vance H. Watson.Such employees have served as the Director of the Experiment Station and the Director of the Extension Service, and are the only three (3) individuals in history who have served in both capacities at Mississippi State University.Mississippi State University shall prepare a distinctive plaque to be placed in a prominent place inside the building, which states the background, accomplishments and service to the state of these university employees.

HISTORY: Laws, 2008, ch. 309, § 1, eff from and after passage (approved Mar. 17, 2008.).

§ 37-113-49. Contribution does not give county right in educational facilities nor impose maintenance obligation.

If any such county makes the contribution or donation as provided for in Section 37-113-43, neither such donation nor any provisions of Sections 37-113-43 through 37-113-49 shall be held to give rise to any right of title, lien, encumbrance or other right in the buildings, facilities or equipment so constructed or acquired and installed by means of or with the aid of such contribution or donation or upon the site on which they are located. Neither shall such donation nor any provision of said sections give rise to any right or obligation on the part of such county with respect to the operation or maintenance of said educational facilities and equipment.

HISTORY: Codes, 1942, § 2926-44; Laws, 1962, ch. 370, § 4.

§ 37-113-50. Mississippi Department of Agriculture and Commerce Bureau of Plant Industry Building designated “Robert Horne McCarty Building”.

  1. The building known as the Mississippi Department of Agriculture and Commerce Bureau of Plant Industry Building on the campus of Mississippi State University in Starkville, Mississippi, shall be designated and henceforth be known as the “Robert Horne McCarty Building.”
  2. The Mississippi Department of Agriculture and Commerce is hereby authorized to erect a suitable memorial marker at a site on the premises of the current Mississippi Department of Agriculture and Commerce Bureau of Plant Industry Building to be chosen with the approval of the family of Robert Horne McCarty.

HISTORY: Laws, 2001, ch. 330, § 1, eff from and after passage (approved Mar. 5, 2001).

College of Veterinary Medicine

§ 37-113-51. Establishment.

The board of trustees of state institutions of higher learning is hereby authorized and directed to establish a college of veterinary medicine at Mississippi State University at Starkville, Mississippi.

HISTORY: Laws, 1974, ch. 339, § 1, eff from and after passage (approved March 12, 1974).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

§ 37-113-53. Implementation of law.

The board is directed to take any and all necessary and proper action for the implementation of this section and Section 37-113-51, including but not limited to the appointment of a dean who will study and recommend to the board an adequate staff and whose responsibility will be to work with the state building commission in planning the construction and equipping of said college.

HISTORY: Laws, 1974, ch. 339, § 2, eff from and after passage (approved March 12, 1974).

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

RESEARCH REFERENCES

ALR.

Validity, construction, and effect of statutes or regulations governing practice of veterinary medicine. 8 A.L.R.4th 223.

State Certification for Therapeutic Riding Instructors

§ 37-113-61. State certification for therapeutic riding instructors; training to be provided by extension service; continuing education seminar required for yearly renewal of certification.

  1. As used in this section:
    1. “Extension service” means the Mississippi State University Extension Service.
    2. “Fiscal year” means the period beginning on July 1 of any year and ending on June 30 of the following year.
    3. “Therapeutic riding” means the use of equine-facilitated activities for the purpose of contributing positively to the cognitive, physical, emotional and social well-being of people with disabilities.
  2. There is established a program of state certification for therapeutic riding instructors in Mississippi, which shall be administered by the Mississippi State University Extension Service. In order to receive certification under the state program, a therapeutic riding instructor must complete the training provided by the extension service, which shall address standards of safety for participants, volunteers, staff, equipment, facilities and horses, and standards of health care for horses. The extension service shall provide, or facilitate through contracts with third parties, the training necessary to obtain certification.
  3. Initial and renewal certification under the state program will be valid for one (1) fiscal year. The initial certification will be valid for the fiscal year in which it is obtained. In order to renew the certification for later fiscal years, the instructor must attend, in each fiscal year, a continuing education seminar that is provided by or approved by the extension service.
  4. The extension service may charge reasonable fees for providing training, initial certification, and continuing education seminars.
  5. The state certification program is a program to identify and recognize those therapeutic riding instructors who have completed training in safety standards in therapeutic riding. The state certification program is not a regulatory program, and the extension service shall not have any regulatory authority over therapeutic riding instructors, facilities or programs in Mississippi.

HISTORY: Laws, 2003, ch. 432, § 1, eff from and after July 1, 2003.

Chapter 115. University of Mississippi

In General

§ 37-115-1. Organization.

The University of Mississippi, incorporated on the twenty-fourth of February, A. D., 1844, shall continue to exist as a body-politic and corporate by that name and style, with all its property, real and personal, and with all the franchises, rights, powers and privileges heretofore conferred on it by law or properly incident to such a body and necessary to accomplish the end of its creation; said university may receive, hold and dispose of all real and personal property conveyed to it for such purpose.

HISTORY: Codes, Hutchinson’s 1848, ch. 9, art. 31(1); 1857, ch. 11, art. 1; 1871, § 2062; 1880, § 745; 1892, § 4443; 1906, § 5022; Hemingway’s 1917, § 7927; 1930, § 7197; 1942, § 6705.

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Contributions by certain counties towards construction and equipping of facilities for the University of Mississippi, see §§37-115-69 through37-115-75.

Peace officers employed by Jackson State University may be vested with powers of constable for purpose of preventing violations of law that occur within 500 feet of university property, see §37-105-3.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

Mississippi Law Research Institute constituting academic department of University of Mississippi, see §57-55-5.

Mississippi Mineral Resources Institute, see §57-55-9.

Small business development center, see §57-55-11.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 9.

CJS.

14 C.J.S., Colleges and Universities §§ 3 et seq.

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. In general.

2. Immunity.

1. In general.

The trustees of the University of Mississippi have the authority to lease certain parts of the university lands and to renew said leases as a body corporate under ch. 118 Laws 1860 and § 745 Code 1880. State v. Hamilton, 116 Miss. 697, 77 So. 650, 1917 Miss. LEXIS 349 (Miss. 1917).

2. Immunity.

University of Mississippi is arm of State of Mississippi; suit by university student injured in elevator on university is barred by Eleventh Amendment, as waiver of Eleventh Amendment protection between university and elevator company did not flow to student. Everhart v. University of Mississippi, 695 F. Supp. 883, 1988 U.S. Dist. LEXIS 10801 (S.D. Miss. 1988).

§ 37-115-3. University lands shall not be taxed.

The lands and property of the University of Mississippi shall not be subject to state, county or municipal taxation. The buildings and improvements that are or may be erected on any land belonging to the university that has been or may be leased to private persons for the purpose of affording cheap board to the students attending the institution, shall not be subject to taxation.

HISTORY: Codes, 1880, § 766; 1892, § 4459; 1906, § 5036; Hemingway’s 1917, § 7934; 1930, § 7201; 1942, § 6707.

§ 37-115-5. Lands shall not be leased save for an annual rent.

The lands belonging to the University of Mississippi shall not be leased without a provision in the lease for the payment of an annual rent to the treasurer of the institution.

HISTORY: Codes, 1892, § 4460; 1906, § 5037; Hemingway’s 1917, § 7935; 1930, § 7202; 1942, § 6708.

Cross References —

Sale or lease of sixteenth section or lieu lands generally, see §§29-3-27, 29, 63, 65, 69 to 77, 81, 82, 85 to 88.

School of Medicine

§ 37-115-21. “Medical school” defined.

Whenever used in Sections 37-115-21 through 37-115-33, the term “medical school” shall mean the four-year, standard medical school provided for in Section 37-115-23 as a department of the University of Mississippi.

HISTORY: Codes, 1942, § 6708-01; Laws, 1950, ch. 378, § 1.

OPINIONS OF THE ATTORNEY GENERAL

Sections 37-115-21 et seq. establish the University Medical Center and its teaching hospital independently of the certificate of need statutes and, therefore, the University of Mississippi Medical Center is not subject to the certificate of need provisions. Conerely, July 14, 2000, A.G. Op. #2000-0326.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 4 et seq.

CJS.

14 C.J.S., Colleges and Universities §§ 3 et seq.

§ 37-115-23. Creation of medical school.

There is hereby created a four-year, standard medical school as a department of the University of Mississippi, which school shall be equipped and operated as a standard medical school in accordance with the recommended standards of the Council on Medical Education and hospitals of the American Medical Association and the council of the Association of American Medical Colleges.

HISTORY: Codes, 1942, § 6708-02; Laws, 1950, ch. 378, § 2.

Cross References —

Early admissions process for participants in Mississippi Rural Physicians Scholarship Program who apply to the University of Mississippi School of Medicine, see §37-144-11.

Hospital reimbursement commission generally, see §§41-7-71 et seq.

Establishment of facilities for investigating deaths under the provisions of the Mississippi Medical Examiner Act of 1986, see §41-61-77.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

§ 37-115-25. University Hospital; University of Mississippi Medical Center and University Hospital authorized to enter into faculty physician and staff recruitment agreements.

  1. There shall be built, equipped and operated as a part of the medical school, a teaching hospital of the size of not less than three-hundred-fifty-bed capacity, together with all ancillary buildings and physical facilities needful or proper for the establishment, operation and maintenance of such a hospital as a part of a fully accredited four-year medical school, including, clinical and outpatient services and all types of services deemed to be necessary or desirable as a part of the functioning of such a teaching hospital. Said teaching hospital shall be known as the University Hospital. There shall also be acquired and installed all needed equipment and supplies for the proper operation and maintenance of such medical school and hospital and other facilities for the purposes aforesaid. There shall be employed all needed personnel and services to operate said medical school and hospital and other facilities.
  2. As part of employing appropriate professional staff, the University Medical Center and University Hospital are authorized to enter into recruitment agreements to provide for needed faculty physicians and staff. Said agreements may include, but are not limited to, salary supplements, transfer and moving expenses and payment of medical school loans. Any amount so advanced shall be forgiven over not less than a three-year period of a year-for-year pro rata basis. In the event that the physician should leave University of Mississippi Medical Center employment, said physician shall repay any remaining sum(s) so advanced plus interest as negotiated in the agreement. Said amounts to be repaid over no more than a two-year period.

HISTORY: Codes, 1942, § 6708-03; Laws, 1950, ch. 378, § 3; Laws, 2009, ch. 414, § 1, eff from and after July 1, 2009.

Editor's Notes —

Laws of 2018, ch. 400, § 1, effective March 19, 2018, provides:

“SECTION 1: The Legislature finds and declares:

“(a) A rare disease is defined as a disease that affects fewer than two hundred thousand (200,000) people in the United States. Rare diseases are sometimes called orphan diseases. There are seven thousand (7,000) known rare diseases affecting approximately thirty million (30,000,000) men, women and children in the United States;

“(b) The exact cause for many rare diseases remains unknown. However, eighty percent (80%) of rare diseases are genetic in origin and can be linked to mutations in a single gene or in multiple genes. Those diseases are referred to as genetic diseases. Genetic disease can be passed down from generation to generation, explaining why certain rare diseases run in families. It is also estimated that about half of all rare diseases affect children;

“(c) A person suffering with a rare disease in Mississippi faces a wide range of challenges, including, but not limited to: delays in obtaining a diagnosis; misdiagnosis; shortage of medical specialists who are familiar with, and can provide treatment for, rare diseases; prohibitive cost of treatment; and the inability to access therapies and medication that are used by doctors to treat rare diseases but have not been approved by the federal Food and Drug Administration (FDA) for that specific purpose;

“(d) In recent years, researchers have made considerable progress in developing diagnostic tools and treatment protocols for, and in discovering ways to prevent a variety of, rare diseases. However, much more remains to be done in the areas of rare disease research and the search for and development of new therapeutics; and

“(e) It would be very beneficial to persons in Mississippi with rare diseases and to researchers who are trying to find ways to treat or prevent the occurrence of rare diseases to examine the existing data on rare diseases in Mississippi and compile it in a detailed report, which then could be analyzed and used to educate medical professionals, government agencies and the public about rare diseases as an important public health issue, and to encourage and fund research in the development of new treatments for rare diseases.”

Laws of 2018, ch. 400, § 2, effective March 19, 2018, provides:

“SECTION 2. The University of Mississippi Medical Center (UMMC) as the lead agency, together with the State Department of Health, the Division of Medicaid and the Mississippi Health Information Network (MS-HIN), shall cooperate with each other in preparing a comprehensive report on the state of rare diseases in Mississippi, including the incidence of rare diseases in the state, the status of the rare disease community, and treatment and services provided to persons with rare diseases in the state. The State Department of Health, the Division of Medicaid and the MS-HIN shall provide to UMMC and each other all claims data and patient encounter data relating to the diagnosis and treatment of rare diseases and all related research and documentation relating to rare diseases, which shall be compiled, examined and analyzed in the report. The report shall be presented to the Chairs of the House Public Health and Human Services Committee, Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees not later than December 1, 2019.”

Amendment Notes —

The 2009 amendment added (2).

Cross References —

Contribution by certain counties to construction and equipment of university hospital, see §37-115-61.

Priority in admitting patients to institutions, see §41-7-87.

Funding programs at the University of Mississippi Medical Center that are related to prevention and cessation of the use of tobacco products and treatment of illnesses that are related to the use of tobacco products, see §41-113-3.

JUDICIAL DECISIONS

1. Immunity of personnel.

Doctor, who was employed by a university medical center which was operated under Miss. Code Ann. §37-115-25, was entitled to summary judgment in a medical malpractice suit because he acted as a state employee, and not an independent contractor, when he treated the patient in question; the medical center had complete control over the doctor’s income and had a financial interest in his earnings, and because he was a state employee he was immune from suit. Meeks v. Miller, 956 So. 2d 864, 2007 Miss. LEXIS 281 (Miss. 2007).

The University of Mississippi Medical Center and the University Anesthesia Services Practice Group (UAS) established in connection with the Medical Center are instrumentalities of the State of Mississippi within the meaning of the Mississippi Tort Claims Act, Miss. Code Ann. §§11-46-1 through11-46-23 and, as such waived their immunity against a claim for medical malpractice liability only to the extent that UAS had purchased liability insurance; further, a staff anesthesiologist who participated in an operation in which a child suffered brain damage while sedated was an employee of the Center entitled to immunity despite also being a member of UAS and despite the fact that the doctor had personal liability insurance. Mozingo v. Scharf, 828 So. 2d 1246, 2002 Miss. LEXIS 315 (Miss. 2002).

§ 37-115-27. Location of school and hospital.

The medical school and teaching hospital shall be built and equipped together, in connection with each other, or as nearly together or connected as may promote the most efficient operation of both of them in proper coordination one with the other. The medical school and teaching hospital shall be located and built upon part of the lands owned by the State of Mississippi in or near the City of Jackson, Hinds County, Mississippi, and commonly known as the old asylum lands, to be selected by the State Building Commission. The medical school and teaching hospital may have other locations as determined to be reasonable and necessary by the University of Mississippi Medical Center. All University of Mississippi Medical Center locations shall provide in the aggregate not less than fifty percent (50%) of their services to indigent persons including qualified beneficiaries of the State Medicaid Program.

HISTORY: Codes, 1942, § 6708-04; Laws, 1950, ch. 378, § 4; Laws, 1996, ch. 496, § 1, eff from and after passage (approved April 11, 1996).

Editor’s Notes —

Laws of 1996, ch. 496, § 3, provides as follows:

“SECTION 3. Within sixty (60) days after passage of this act, the University of Mississippi Medical Center shall submit to the Board of Trustees of State Institutions of Higher Learning for its approval permanent procedures to be followed in establishing other locations or establishing any other programs authorized under this act.”

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Laws of 2010, ch. 526, § 3 provides:

“(1) The Department of Finance and Administration, acting on behalf of the University of Mississippi Medical Center, is authorized to donate and convey to the Jackson Medical Mall Foundation certain real property located on Bailey Avenue in the City of Jackson, Mississippi, being more particularly described as follows:

“EXHIBIT ‘A’ “A certain lot or parcel of land situated in the NW 1/4 of the SW 1/4 of Section 27, T 6 N, R 1 E, First Judicial District of Hinds County, Mississippi, fronting 80 feet on the east line of Bailey Avenue, and being more particularly described as follows: Being at an iron stake on the east line of Bailey Avenue a distance of 265 feet measured northerly along the east line of Bailey Avenue from its intersection with the north line of Peters Street, as both streets were laid out as of April, 1969, and improved in the City of Jackson, Mississippi, said point of beginning also being the northwest corner of that certain parcel of land conveyed by Ammco Properties, Inc., to George E. Butler of Mississippi, Inc., by deed dated July 16, 1963, and recorded in Deed Book 1432, Page 418, in the office of the Hinds County Chancery Clerk at Jackson, Mississippi, and run thence southerly along the east line of Bailey Avenue for a distance of 80 feet to an iron stake; run thence easterly along a line parallel with the north line of Peters Street, said line being the north line of that certain lot or parcel of land conveyed by George E. Butler of Mississippi, Inc., to William B. Ball, Jr., et al by deed dated October 24, 1967, and recorded in Deed Book 1722, Page 313, in the office of said Chancery Clerk, for a distance of 193 feet to an iron stake; run thence southerly along a line parallel with the east line of Bailey Avenue, said line being the east line of the said property of William B. Ball, et al, for a distance of 185 feet to an iron stake on the north line of Peters Street at the southeast corner of the said Ball property; run thence easterly along the north line of Peters Street, and along the north line of Peters Street extended easterly, for a distance of 514.45 feet to a concrete monument at the intersection of the said north line of Peters Street extended easterly with the southwesterly right-of-way line of the Yazoo Mississippi Valley Railroad, now the Illinois Central Railroad; run thence northwesterly along the said southwestern right-of-way line of the Illinois Central Railroad for a distance of 348.75 feet to the northeast corner of the said property of George E. Butler of Mississippi, Inc.; run thence westerly and parallel with the north line of Peters Street for a distance of 482.74 feet to the point of beginning.

“LESS AND EXCEPT that parcel of land located on the west side of the above-described property conveyed to the City of Jackson, Mississippi by virtue of Warranty Deed dated 7/13/79 and recorded in Deed Book 2654, Page 78.

“(2) The State of Mississippi shall retain all mineral rights to the real property donated in subsection (1).”

Laws of 2014, ch. 456, § 1 provides:

“SECTION 1. (1) The University of Mississippi Medical Center (“UMMC”), with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into an agreement to lease a part of its real property to the entity selected in the RFP process conducted by the University of Mississippi Medical Center for a term of no more than forty (40) years. The property is located in the City of Jackson, Hinds County, Mississippi, and is more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 456, Laws of 2014]

“(2) The lease may include an option to renew for no more than two (2) successive terms of twenty (20) years each. The first option to renew shall be at the option of the lessee, while the second option to renew shall be at the option of the lessor.

“(3) The lease of the real property described in subsection (1) of this section shall consist of mixed-use development improvements, which, at a minimum contain:

“(a) Approximately ten thousand (10,000) square feet of street-level office space;

“(b) Approximately two hundred twenty-four (224) Class A apartment homes;

“(c) Structured and surface parking; and

“(d) Landscaping and green space buffers.

“The faculty, staff and student body of UMMC shall have the right of first offer for the apartment homes developed within the leased area before being made available to the public.

“(4) The lease and any amendments to the lease shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning.

“(5) All proceeds derived or received from all leases entered into under this section shall be deposited in a special fund for the use and benefit of UMMC.”

Laws of 2016, ch. 492, § 1, effective May 13, 2016, provides:

“SECTION 1. (1) The University of Mississippi Medical Center (UMMC), with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into an agreement to lease a part of its real property to the American Cancer Society for the purpose of providing temporary housing to cancer patients and their families and for the use of associated administrative office space for a term of no more than forty (40) years. The property is located in the City of Jackson, Hinds County, Mississippi, such parcel to be leased to be more particularly described in the agreement as determined by the University of Mississippi Medical Center and approved by the Board of Trustees of State Institutions of Higher Learning.

“(2) At the end of the lease term provided in this act, the property leased under the authority provided herein shall revert to the University of Mississippi Medical Center.

“(3) The lease of the real property described in subsection (1) of this section shall consist of an American Cancer Society Hope Lodge and an associated office building, which, at a minimum contain:

“(a) Approximately eight thousand (8,000) square feet of office space;

“(b) Approximately twenty-four thousand (24,000) square feet of lodging space containing approximately thirty-five (35) temporary residential units;

“(c) Surface parking; and

“(d) Landscaping and green space buffers.

“(4) The lease and any amendments to the lease shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning.

“(5) All proceeds derived or received from all leases entered into under this section shall be deposited in a special fund for the use and benefit of the University of Mississippi Medical Center.

“(6) The State of Mississippi shall retain all mineral rights to the real property leased under this section.”

Cross References —

Establishment of facilities for investigating deaths under the provisions of the Mississippi Medical Examiner Act of 1986, see §41-61-77.

Mississippi Medicaid generally, see §§43-13-101 through43-13-145.

§ 37-115-29. Conveyance to University of Mississippi.

The state building commission shall construct the buildings and all other related facilities for said medical school and teaching hospital. When such buildings shall have been constructed and made ready for occupancy, the lands so selected by the state building commission for the use of said medical school and teaching hospital, together with the buildings and other improvements erected thereon, shall be conveyed by the state building commission to the University of Mississippi, and title to said property shall be vested in the University of Mississippi. Said medical school and teaching hospital shall be operated as departments of the University of Mississippi.

HISTORY: Codes, 1942, § 6708-09; Laws, 1950, ch. 378, § 9.

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 37-115-31. Operation of hospital.

The teaching hospital and related facilities shall be utilized to serve the people of Mississippi generally. The teaching hospital and related facilities shall have the power necessary to enter into group purchasing arrangements as deemed reasonable and necessary, and such powers as are necessary to establish and operate health maintenance organizations, preferred provider organizations, prepaid health benefit plans and other managed care entities regulated by Section 83-41-301 et seq., and the power to establish rates and charges for health care services, either on a fee for service, discounted, capitated or other risk based payment basis, and provided that any such entity shall primarily provide care and services to indigent persons or qualified beneficiaries of the State Medicaid Program; and further provided, however, any entity, or any affiliate of any such entity, that now or in the future provides management services to the University of Mississippi Medical Center or any of its facilities, shall not be affiliated in any manner with any managed care product established by the University of Mississippi Medical Center under the authority of this section. There shall be a reasonable volume of free work; however, said volume shall never be less than one-half of its bed capacity for indigent patients who are eligible and qualified under the state charity fund for charity hospitalization of indigent persons, or qualified beneficiaries of the State Medicaid Program. The income derived from the operations of said hospital, including all facilities thereof, shall be utilized toward the payment of the operating expenses of said hospital, including all facilities thereof.

HISTORY: Codes, 1942, § 6708-10; Laws, 1950, ch. 378, § 10; Laws, 1996, ch. 496, § 2, eff from and after passage (approved April 11, 1996).

Editor’s Notes —

Laws, 1996, ch. 496, § 3, provides as follows:

“SECTION 3. Within sixty (60) days after passage of this act, the University of Mississippi Medical Center shall submit to the Board of Trustees of State Institutions of Higher Learning for its approval permanent procedures to be followed in establishing other locations or establishing any other programs authorized under this act.”

Cross References —

Exemption of University of Mississippi Medical Center from statutory restrictions on the purchase and use of wireless communication devices, see §25-53-191.

Priority in admitting patients to institutions, see §41-7-87.

Mississippi Medicaid generally, see §§43-13-101 through43-13-145.

RESEARCH REFERENCES

ALR.

Liability of health maintenance organizations (HMOs) for negligence of member physicians. 51 A.L.R.5th 271.

JUDICIAL DECISIONS

1. In general.

2. Immunity of personnel.

1. In general.

Primary issue was whether the physicians were acting as employees of the University of Mississippi Medical Center (UMMC), or were independent contractors for purposes of immunity or liability, and although the physicians did wear two hats, as they were entitled to engage in separate private practice, to an extent, the appellate court, applying the standard of Miller v. Meeks, held the State exercised reasonable control over the physicians, including the power to terminate the physicians’ contract, the uncontroverted evidence was that the physicians were acting as employees of UMMC at the time of the subject surgery on the complaining patient, and pursuant to Mississippi’s former sovereign immunity law, Miss. Code Ann. §11-46-7(2) (Supp. 1991), the physicians were immune from liability. Brown v. Warren, 858 So. 2d 168, 2003 Miss. App. LEXIS 965 (Miss. Ct. App. 2003).

2. Immunity of personnel.

Primary issue was whether the physicians were acting as employees of the University of Mississippi Medical Center (UMMC), or were independent contractors for purposes of immunity or liability, and although the physicians did wear two hats, as they were entitled to engage in separate private practice, to an extent, the appellate court, applying the standard of Miller v. Meeks, held the State exercised reasonable control over the physicians, including the power to terminate the physicians’ contract, the uncontroverted evidence was that the physicians were acting as employees of UMMC at the time of the subject surgery on the complaining patient, and pursuant to Mississippi’s former sovereign immunity law, Miss. Code Ann. §11-46-7(2) (Supp. 1991), the physicians were immune from liability. Brown v. Warren, 858 So. 2d 168, 2003 Miss. App. LEXIS 965 (Miss. Ct. App. 2003).

The University of Mississippi Medical Center and the University Anesthesia Services Practice Group (UAS) established in connection with the Medical Center are instrumentalities of the State of Mississippi within the meaning of the Mississippi Tort Claims Act, Miss. Code Ann. §§11-46-1 through11-46-23 and, as such waived their immunity against a claim for medical malpractice liability only to the extent that UAS had purchased liability insurance; further, a staff anesthesiologist who participated in an operation in which a child suffered brain damage while sedated was an employee of the Center entitled to immunity despite also being a member of UAS and despite the fact that the doctor had personal liability insurance. Mozingo v. Scharf, 828 So. 2d 1246, 2002 Miss. LEXIS 315 (Miss. 2002).

§ 37-115-33. Facilities for training nurses.

The state building commission in the development of the architectural facilities of the medical center and hospital facilities is hereby authorized, empowered and directed to erect and equip adequate facilities for the training of nurses under such rules and regulations as may be promulgated by the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 6708-15; Laws, 1950, ch. 378, § 15.

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 37-115-35. Fielding L. Wright Memorial Health Fund established.

The board of trustees of state institutions of higher learning is hereby authorized and empowered to establish a fund to be known as “The Fielding L. Wright Memorial Health Fund,” which fund shall be administered by said board.

The corpus of “The Fielding L. Wright Memorial Health Fund” shall consist of any moneys appropriated to it by the state legislature and any funds received by donation, gift, legacy, or otherwise, the said board of trustees being hereby specifically authorized and empowered to accept such funds. All funds received by said board of trustees shall be invested in the following classes of securities, preference being in the order listed:

Bonds, notes, certificates, and other valid obligations of the State of Mississippi, or any county or city of the State of Mississippi, or of any school district bonds of the State of Mississippi;

Bonds, notes, certificates, and other valid obligations of the United States;

Bonds, notes, debentures and other securities issued by any federal instrumentality and fully guaranteed by the United States; or

Interest-bearing bonds or notes which are general obligations of any other state in the United States or of any city or county therein, provided that any such city or county had a population as shown by the federal census next preceding such investment of not less than twenty-five thousand inhabitants, and provided that any such state, city or county has not defaulted for a period longer than thirty days in the payment of principal or interest on any of its general obligation indebtedness during a period of ten calendar years immediately preceding such investment.

All interest derived from investments and any gains from the sale or exchange of investments shall be expended by the staff of the University Medical Center, under the supervision of the director of the University Medical Center, for medical research in behalf of The Fielding L. Wright Memorial Health Fund.

HISTORY: Codes, 1942, § 6725-21; Laws, 1958, ch. 465, §§ 1-4.

Cross References —

Social security and state retirement and disability benefits generally, see §§25-11-3 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Agricultural experimental stations and branch stations, see §§37-113-17 through37-113-23.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. Legal Forms 2d, Colleges and Universities §§ 60:141-60:248 (private gifts and bequests).

University of Mississippi Medical Center

§ 37-115-41. Criminal history record checks and fingerprinting required for new employees providing direct patient care; disciplinary checks with professional licensing agencies; applicants aggrieved by employment decision based on criminal history record check may show mitigating circumstances; immunity for employment decisions made in compliance with this section.

  1. For the purposes of this section:
    1. “Applicant” means any person who is applying to become an employee of UMMC.
    2. “Employee” means an employee, contractor, temporary worker or consultant.
    3. “UMMC” means the University of Mississippi Medical Center.
  2. The University of Mississippi Medical Center shall fingerprint and perform a criminal history record check on all new employees that work in or provide direct patient care. In addition, UMMC shall perform a disciplinary check with the professional licensing agency of the employee, if any, to determine if any disciplinary action has been taken against the employee by that agency. Except as otherwise provided in this section, no employee of UMMC hired on or after July 1, 2004, shall be permitted to provide direct patient care until the results of the criminal history record check have revealed no disqualifying record or the employee has been granted a waiver. In order to determine the applicant’s suitability for employment, the applicant shall be fingerprinted. Fingerprints shall be submitted to the Department of Public Safety by UMMC via scanning or other electronic method, with the results processed through the Department of Public Safety’s Criminal Information Center. If no disqualifying record is identified at the state level, the applicant’s fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the applicant shall not be eligible to be employed at UMMC.
  3. Notwithstanding the provisions of subsection (2) of this section, any such applicant may be employed on a temporary basis pending the results of the criminal history record check. Any employment contract with an applicant during the application process shall be voidable upon receipt of a disqualifying criminal history record check if no waiver is granted under subsection (4) of this section.
  4. UMMC may, in its discretion, allow any applicant aggrieved by an employment decision under this section to appear before the UMMC hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the applicant to be employed at UMMC. UMMC, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; and (f) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients admitted to UMMC.
  5. Upon the receipt of an applicant’s criminal history record check that reveals no disqualifying event, UMMC shall, within two (2) weeks of the notification of no disqualifying event, provide the applicant with a notarized letter signed by the vice chancellor, or his or her authorized designee, confirming the applicant’s suitability for employment based on his or her criminal history record check. An applicant or employee may use that letter for a period of two (2) years from the date of the letter to seek employment at any covered entity, as defined in Section 43-11-13(5), without the necessity of an additional criminal history record check under Section 43-11-13(5). Any covered entity presented with the letter may rely on the letter for a period of two (2) years from the date of the letter without having to conduct or have conducted a criminal history record check on the applicant or employee.
  6. UMMC may charge a fee not to exceed Fifty Dollars ($50.00) for fingerprinting applicants, students, employees, contractors, consultants, outside agency personnel, visiting faculty, researchers or any other individual(s) that may provide direct services to UMMC.
  7. UMMC and its agents, officers, employees, attorneys and representatives shall be presumed to be acting in good faith for any employment decision or action taken under this section. The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. UMMC or its agents, officers, employees, attorneys and representatives shall not be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply in good faith with the requirements of this section.

HISTORY: Laws, 2004, ch. 538, § 2, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in subsection (2). The reference to “Section 45-33-23(g)” was changed to “Section 45-33-23(h).” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

Chapter 357, Laws of 2010, changed references to “vulnerable adult” to “vulnerable person.”

Cross References —

Criminal history record checks and fingerprinting for health care professional/vocational technical students, see §37-29-232.

Criminal history record checks and fingerprinting required for applicants for medical licensure, physician assistant licensure, osteopathic licensure, and podiatric licensure, and on applicants for reinstatement of a license, see §§73-25-3,73-25-14,73-25-32,73-26-3,73-27-5, and73-27-12.

§ 37-115-43. Authority to create Center of Excellence; purpose; programs, services, major research initiatives; Children’s Safe Center Fund created.

  1. The University of Mississippi Medical Center, in collaboration with the Mississippi Department of Human Services and the Office of the Attorney General, is authorized and empowered to establish a Center of Excellence (Center), to provide care for abused and neglected children at the Blair E. Batson Hospital for Children located in Jackson, Mississippi, where suspected victims of child maltreatment referred by the Department of Human Services or law enforcement will receive comprehensive physical examinations conducted by medical professionals who specialize in child maltreatment. The University of Mississippi Medical Center shall promulgate such policies as may be necessary and desirable to carry out the programs of the Center. The Center shall serve as a resource for the assessment, investigation and prosecution of child maltreatment. The Center shall work in collaboration with the Office of the Attorney General, the Mississippi Department of Human Services and other such state agencies and entities that provide services to children, to ensure that CARE Clinic services are provided in a uniform fashion throughout the state.
  2. The Department of Pediatrics may use the Center for educational and outreach programs, telemedicine consultations, to develop satellite clinics in other locations in the state in cooperation with the local community or private hospital when applicable, and to conduct major research initiatives in child maltreatment.
  3. The Center of Excellence shall provide services to maltreated children and comply with national certification standards as necessary to provide services to the Department of Human Services, the youth courts, state child advocacy centers, district attorney’s offices and law enforcement agencies.
  4. There is created in the State Treasury a special fund to be known as the Children’s Safe Center Fund. The University of Mississippi Medical Center shall expend funds pursuant to appropriation therefor by the Legislature for the support and maintenance of the Children’s Safe Center. The University of Mississippi Medical Center is authorized to accept any and all grants, donations or matching funds from private, public or federal sources in order to add to, improve and enlarge the physical facilities of the Center and to expend any such funds for the support and maintenance of the Center. Assessments from Section 99-19-73 designated for the Children’s Safe Center Fund shall be deposited into the fund. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.

HISTORY: Laws, 2007, ch. 561, § 1; Laws, 2008, ch. 413, § 1; Laws, 2008, ch. 499, § 1; Laws, 2010, ch. 498, § 1; Laws, 2012, ch. 554, § 5; Laws, 2015, ch. 465, § 1, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 1 of ch. 413, Laws of 2008, effective from and after July 1, 2008 (approved April 2, 2008), amended this section. Section 1 of ch. 499, Laws of 2008, effective upon passage (approved April 21, 2008), also amended this section. The amendments to these sections do not conform and do not meet the Joint Committee’s criteria for integration. Pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier; therefore, as set out above, this section reflects the language of Section 1 of ch. 423, Laws of 2008.

Editor’s Notes —

Laws of 2007, ch. 561, § 2, as amended by Laws of 2008, ch. 413, § 2, and as amended by Laws of 2008, ch. 499, § 2, provides:

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

Laws of 2012, ch. 554, § 6 provides:

“SECTION 6. During fiscal year 2013, the following agencies shall have the authority to receive, budget and expend the following amounts generated from the assessments enacted in House Bill No. 878, 2012 Regular Session [Chapter 554, Laws of 2012]:

“University of Mississippi Medical Center for the

Children’s Justice Center . . . . . $750,000.00

“Board of Trustees of State Institutions of

Higher Learning for the DuBard School

for Language Disorders . . . . . $300,000.00

“Attorney General’s office for the Children’s Advocacy

Centers of Mississippi . . . . . $650,000.00

“Attorney General’s office for the Motorcycle

Officers Training Program . . . . . $50,000.00

“The above listed escalations shall be done in accordance with the rules and regulations of the Department of Finance and Adminstration in a manner consistent with the escalation of federal funds.”

This note was set out to correct an error in the 2012 Cumulative Supplement.

Amendment Notes —

The first 2008 amendment (ch. 413) reenacted and amended the section by adding (5).

The second 2008 amendment (ch. 499) also added (5).

The 2010 amendment made a minor stylistic change in (4); and deleted (5), which was the repealer for the section.

The 2012 amendment, in (4), deleted “hereby” preceding “created” and substituted “Children’s Justice Center Fund” for “Children’s Justice Fund” in the first sentence, deleted the former second sentence, which read: “The State Treasurer shall transfer into said special fund any funds returned to the State Treasury by the MCI WorldCom Settlement by the Mississippi Children’s Justice Center pursuant to agreement with the State Auditor”, inserted “Children’s Justice” in the present second sentence, and added the last two sentences.

The 2015 amendment substituted “Children’s Safe Center Fund” for “Children’s Justice Center Fund” throughout (4); and made minor stylistic changes.

§ 37-115-45. Mississippi Burn Center; establishment; funding.

  1. The University of Mississippi Medical Center shall establish a separate unit at the medical center for the treatment of burn victims, which shall be known as the Mississippi Burn Center. The opening and operation of the Mississippi Burn Center shall be conditioned upon the Board of Trustees of State Institutions of Higher Learning making a written determination, spread upon their minutes, that adequate funds are available from public and/or private sources for the annual operating cost of the facility.
  2. The Legislature may appropriate funds for the construction of the Mississippi Burn Center, and may appropriate sufficient funds annually to the University of Mississippi Medical Center for the operation of the Mississippi Burn Center.

HISTORY: Laws, 2007, ch. 569, § 1, eff from and after July 1, 2007.

§ 37-115-47. Authorization to dispose of properly preserved food through charitable donation.

  1. The University of Mississippi Medical Center is authorized to dispose of food that has been frozen or properly preserved for human consumption through donation to charitable facilities, charitable organizations and/or individuals providing charitable services as the Medical Center deems appropriate.
  2. The executive director of the charitable facility or organization, receiving such food, or his authorized designee, shall agree to a waiver of liability in favor of the State of Mississippi and the University of Mississippi Medical Center stating that such donations are being provided in the condition used by the State of Mississippi and the University Medical Center, and without warranty of any nature.

HISTORY: Laws, 2009, ch. 534, § 1, eff from and after July 1, 2009.

§ 37-115-48. Authorization to disinter, remove or reinter human remains reposing in potter's field on Medical Center property to a different location on the property under certain circumstances; procedure.

  1. The University of MississippiMedical Center is authorized, in its discretion, to rearrange or disinter,remove or reinter, where applicable, human remains reposing in thepotter’s field located on the University of Mississippi MedicalCenter’s property to a different location on the medical center’sproperty when the disinterment, removal or reinterment, where applicable,is necessary for proper and efficient maintenance and management.
  2. Markers, headstones,or other identification shall accompany the remains whenever identificationexists, and a record of the removal and reinterment, where applicable,shall be maintained in the files of the Chancery Clerk of Hinds County,Mississippi.
  3. Before taking any actionauthorized under this section, the University of Mississippi MedicalCenter shall first advertise its intent to rearrange, disinter, removeor reinter, where applicable, remains from the property by publishingnotice in a newspaper of the county once a week for three (3) consecutiveweeks.
  4. The University of MississippiMedical Center and its officers and employees shall be immune fromany action or suit arising from the maintenance or attempted maintenanceof the potter’s field and the rearrangement, removal or reinterment,where applicable, of remains, when performed in good faith under authorityof this section.

HISTORY: Laws, 2018, ch. 426, § 1, eff from and after passage (approved March 27, 2018).

Editor's Notes —

Laws of 2018, ch. 426, § 2, effective March 27, 2018, provides:

“SECTION 2. Section 2, Chapter 846, Local and Private Laws of 1973, as amended by Chapter 854, Laws of 1974, which authorizes the University of Mississippi Medical Center to take certain actions regarding human remains in the potter's field on its property, is repealed.”

§ 37-115-49. University of Mississippi Medical Center - ACT Center Fund created; purpose.

  1. During fiscal year 2010, the State Fiscal Officer shall transfer the sum of Three Million Dollars ($3,000,000.00) from the State General Fund to the University of Mississippi Medical Center - ACT Center Fund created in subsection (2) of this section.
    1. There is created in the State Treasury a special fund to be known as the “University of Mississippi Medical Center - ACT Center Fund,” which shall consist of monies deposited therein under subsection (1) of this section and monies from any other source designated for deposit into the fund.Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the special fund.
    2. Monies in the fund may be used by the University of Mississippi Medical Center, upon appropriation by the Legislature, for the purpose of providing funds for the ACT Center for Tobacco Treatment, Education and Research at the University of Mississippi Medical Center.

HISTORY: Laws, 2009, ch. 563, § 17, eff from and after passage (approved May 15, 2009.).

Editor’s Notes —

Laws of 2009, ch. 563, § 18, provides:

“SECTION 18. This act shall take effect and be in force from and after its passage; however, Section 17 of this act shall not take effect unless House Bill No. 364, 2009 Regular Session, is enacted into law, and Section 17 shall take effect and be in force from and after the effective date of House Bill No. 364, 2009 Regular Session.”

House Bill No. 364, 2009 Regular Session, was enacted into law as Chapter 562, effective May 15, 2009.

University of Mississippi Medical Center; joint-purchasing arrangements, joint ventures, joint-operating agreements, etc.

§ 37-115-50. Definitions.

For purposes of Sections 37-115-50 and 37-115-50.1, the following terms shall have the following meanings:

“Academic medical center” means the teaching, research, and clinical facilities and services provided, established, or operated by a public university under Chapter 115, Title 37, Mississippi Code of 1972.

“Health sciences school” means any school of medicine, dentistry, nursing, pharmacy and any other health care-related educational program operated or provided by an academic medical center in this state.

HISTORY: Laws, 2017, ch. 398, § 1, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 398, § 6, provides:

“SECTION 6. The provisions of this act are severable. If any part is declared invalid or unconstitutional, that declaration shall not affect the part which remains.”

§ 37-115-50.1. University of Mississippi Medical Center authorized to enter into certain joint-purchasing arrangements, joint ventures, joint-operating agreements, etc.

Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the University of Mississippi Medical Center (hereafter known as the “academic medical center”) is authorized to directly or indirectly enter into joint-purchasing arrangements, however structured, on terms customary in the market or required by the organization and to enter into joint ventures, joint-operating agreements, or similar arrangements with community hospitals or other public or private health-related organizations, or with for-profit or nonprofit corporations or other organizations, to establish arrangements for the academic medical center to participate in financial integration and/or clinical integration or clinically integrated networks with a joint venture, with community hospitals or other public or private health-related organizations, or with other for-profit or nonprofit corporations or other organizations, or through a joint-operating agreement, and to provide for contracts of employment or contracts for services and ownership of property on terms that will protect the public interest.

HISTORY: Laws, 2017, ch. 398, § 2, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 398, § 6, provides:

“SECTION 6. The provisions of this act are severable. If any part is declared invalid or unconstitutional, that declaration shall not affect the part which remains.”

School of Nursing

§ 37-115-51. School of nursing created.

The legislature hereby finds that there is great need of additional and better trained nurses in Mississippi and the purpose of this section is to meet that need to the extent herein provided.

The board of trustees of state institutions of higher learning is hereby authorized and directed to establish a school of nursing at the University of Mississippi under the jurisdiction of the dean of the school of medicine or such other authority as said board of trustees may determine, and other regularly constituted administrative authorities of the university.

Said board of trustees shall provide for such school, such buildings and equipment, and such teaching staff and other personnel as may be deemed appropriate for the establishment and operation of such school of nursing and for the performance of the other functions herein provided for, all of which shall, however, be done within the appropriations made for such purposes.

Such school of nursing shall, under the direction and supervision of the dean of the school of medicine and the other regularly constituted administrative authorities of the university and of said board of trustees and under curricula to be prescribed by said board, and beginning each of its functions at such time as may be determined by said board, carry on a teaching course, looking to the conferring of bachelor’s or master’s degrees in nursing.

Such school of nursing shall under the same direction, supervision, control and conditions as set forth in the fourth paragraph hereof, have authority, in its discretion, to arrange and contract with hospitals, hospital schools of nursing or other similar institutions, for students in the school of nursing to take clinical training and practice in such institutions. It shall have the further authority to contract with hospitals, hospital schools of nursing or other similar institutions with respect to providing to any such institution instructors or instruction services from the university school of nursing upon full or part time basis and upon such basis of compensation or reimbursement of costs as may be deemed reasonable and proper in view of the public interests involved.

Under the same supervision, direction, control and conditions as are set forth in the fourth paragraph hereof, said school of nursing shall also administer such scholarship programs in nursing education and such activities with respect to recruitment of nursing students and counseling work with such students and prospective students as may be provided for by the legislature from time to time.

HISTORY: Codes, 1942, § 6708-21; Laws, 1948, ch. 287, §§ 1-7.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

Local Governmental Issuance of Bonds for Benefit of University

§ 37-115-61. Contributions by certain counties toward construction, erection and equipping of University Hospital.

Any county of this state now or hereafter having a population of more than 100,000 according to the latest available census, acting by and through its board of supervisors, is hereby authorized and empowered to contribute the sum of one million five hundred thousand dollars ($1,500,000.00) toward the construction, erection and equipping of a teaching hospital and related facilities in the four year school of medicine of the University of Mississippi created and authorized by the terms and provisions of Sections 37-115-21 through 37-115-33.

HISTORY: Codes, 1942, § 6708-19; Laws, 1950, ch. 379, §§ 1-4.

Cross References —

Four-year medical schools and University Hospital generally, see §§37-115-21 et seq.

§ 37-115-63. Issuance and sales of bonds; election; terms; tax levy.

Any such county as is provided for in Section 37-115-61 is hereby authorized and empowered to issue and sell its bonds, notes or other evidences of indebtedness for the purpose of providing funds with which to make the contribution or donation authorized under the provisions of said section. Such bonds, notes or other evidences of indebtedness shall not be issued in an amount which will exceed the limit of indebtedness of said county as such limit is prescribed by Laws, 1932, ch. 235 as now or hereafter amended. Before issuing any such bonds, notes or other evidences of indebtedness, the board of supervisors, acting for such county, shall adopt a resolution declaring its intention to issue the same, stating the amount and purpose thereof and fixing the date upon which an election will be held on the proposition. The full text of such resolution shall be published once a week for at least three consecutive weeks in at least one newspaper published in said county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed in such resolution as aforesaid and the last publication shall be made not more than seven days prior to such date. The bonds, notes or other evidences of indebtedness authorized herein shall not be issued unless authorized by the affirmative vote of a majority of the qualified voters of said county who vote on the proposition at such election. Such election shall be conducted and the returns thereof made, canvassed and declared as nearly as may be in like manner as is now or may hereafter be provided by law in the case of general elections in counties. In the event that the question of the issuance of such bonds, notes or other evidences of indebtedness be not authorized at such election, such question shall not again be submitted to a vote until the expiration of a period of six months from and after the date of such election.

Such bonds, notes or other evidences of indebtedness shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear such rate or rates of interest and shall mature in such amounts and at such times as may be provided and directed by the board of supervisors of said county. Such bonds shall bear interest at a rate or rates not exceeding six per cent per annum and shall mature in not more than twenty-five years from the date thereof and shall be sold for not less than par and accrued interest.

All bonds, notes or other evidences of indebtedness issued hereunder shall be secured by a pledge of the full faith, credit and resources of such county. There shall annually be levied upon all taxable property within said county an ad valorem tax in addition to all other taxes, sufficient to provide for the payment of the principal of and the interest on said bonds, notes or other evidences of indebtedness as the same respectively mature and accrue.

HISTORY: Codes, 1942, § 6708-19; Laws, 1950, ch. 379, §§ 1-4.

Cross References —

Uniform system for issuance of county bonds, see §§19-9-1 through19-9-31.

Four-year medical schools and University Hospital generally, see §§37-115-21 et seq.

§ 37-115-65. Utilization of proceeds of contributions.

The proceeds of any contribution made by any county under the provisions of Section 37-115-61, including the proceeds of any bonds issued for such purpose, shall be paid by the board of supervisors of such county into the state treasury into a special fund in the state treasury to the credit of the state building commission and shall thereafter be utilized and expended by said building commission for the construction, erection and equipping of a teaching hospital and related facilities in the manner and under the terms, provisions and conditions of Sections 37-115-21 through 37-115-33.

HISTORY: Codes, 1942, § 6708-19; Laws, 1950, ch. 379, §§ 1-4.

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Uniform system for issuance of county bonds, see §§19-9-1 through19-9-31.

Four-year medical schools and University Hospital generally, see §§37-115-21 et seq.

§ 37-115-67. Contribution does not give county right in facilities nor impose maintenance obligation.

If any such county makes the contribution or donation as provided for in Section 37-115-61, neither such donation nor any provisions of Sections 37-115-61 through 37-115-67 shall be held to give rise to any right of title, lien, encumbrance or other right in the buildings, facilities or equipment so constructed or acquired and installed by means of or with the aid of such contribution or donation or upon the site on which they are located. Neither shall such donation nor any provisions of said sections give rise to any right or obligation on the part of such county with respect to the operation or maintenance of said hospital, facilities or equipment.

HISTORY: Codes, 1942, § 6708-19; Laws, 1950, ch. 379, §§ 1-4.

Cross References —

Four-year medical schools and University Hospital generally, see §§37-115-21 et seq.

§ 37-115-69. Contributions by certain counties towards construction, erection and equipping of university facilities.

Any county of this state now or hereafter having a population of more than one hundred thousand according to the latest available census, and in which there is located a municipality of one hundred thousand or more, acting by and through its board of supervisors, is hereby authorized and empowered to contribute the sum of one million dollars ($1,000,000.00) toward the construction, erection and equipping of educational facilities to be utilized by the University of Mississippi within such county, by the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 2926-41; Laws, 1962, ch. 370, § 1.

Cross References —

County acting generally with municipality within it, see §17-1-5.

Mississippi State University of Agriculture and Applied Science generally, see §§37-113-1 et seq.

§ 37-115-71. Issuance and sale of bonds; election; terms; tax levy.

Any such county as is provided for in Section 37-115-69 is hereby authorized and empowered to issue and sell its bonds, notes or other evidences of indebtedness for the purpose of providing funds with which to make the contribution or donation authorized under the provisions of said section. Such bonds, notes or other evidences of indebtedness shall not be issued in an amount which will exceed the limit of indebtedness of said county as such limit is prescribed by Sections 19-9-1 through 19-9-31, Mississippi Code of 1972. Before issuing any such bonds, notes or other evidences of indebtedness, the board of supervisors acting for such county shall adopt a resolution declaring its intention to issue the same, stating the amount and purpose thereof and fixing the date upon which an election will be held on the proposition. Notice of such election shall be given by publication of such resolution once a week for at least three consecutive weeks in at least one newspaper published in said county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed in such resolution for the holding of said election as aforesaid and the last publication shall be made not more than seven days prior to such date. At such election all qualified electors of said county may vote and the ballots used shall have printed thereon a brief statement of the amount and purpose of the bonds, notes or other evidences of indebtedness proposed to be issued and the voter shall vote by placing a cross (X) or check (Π) opposite his choice on the proposition. The bonds, notes or other evidences of indebtedness authorized herein shall not be issued unless authorized by the affirmative vote of a majority of the qualified voters of said county who vote on the proposition at such election.

Such election shall be conducted and the returns thereof made, canvassed, and declared as nearly as may be in like manner as is now or may hereafter be provided by law in the case of general elections in counties. In the event that the question of the issuance of such bonds, notes or other evidences of indebtedness be not authorized at such election, such question shall not again be submitted to a vote until the expiration of a period of six months, from and after the date of such election.

Such bonds, notes or other evidences of indebtedness shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear such rate or rates of interest and shall mature in such amounts and at such times as may be provided and directed by the board of supervisors of said county. Such bonds shall bear interest at a rate or rates not exceeding six per cent per annum and shall mature in not more than twenty-five years from the date thereof and shall be sold for not less than par and accrued interest.

Any bonds authorized to be issued at an election as provided for in this section shall be issued by such county, acting by and through its board of supervisors, at such times and in such amounts as shall be provided for by resolution of the board of trustees of state institutions of higher learning.

All bonds, notes or other evidences of indebtedness issued hereunder shall be secured by a pledge of the full faith, credit and resources of such county. There shall annually be levied upon all taxable property within said county an ad valorem tax in addition to all other taxes, sufficient to provide for the payment of the principal of and the interest on said bonds, notes or other evidences of indebtedness as the same respectively mature and accrue.

HISTORY: Codes, 1942, §§ 2926-42, 2926-43; Laws, 1962, ch. 370, §§ 2, 3.

Cross References —

Uniform system for issuance of county bonds, see §§19-9-1 through19-9-31.

§ 37-115-73. Utilization of proceeds of contributions.

The proceeds of any contribution made by any county under the provisions of Section 37-115-69, including the proceeds from the sale of any bonds issued for such purposes, shall be paid by the board of supervisors of such county into the state treasury into a special fund to the credit of the board of trustees of state institutions of higher learning, and shall thereafter be utilized and expended by said board of trustees of state institutions of higher learning in the construction, erection and equipping of educational facilities in such county to be utilized by the University of Mississippi.

HISTORY: Codes, 1942, § 2926-43; Laws, 1962, ch. 370, § 3.

§ 37-115-75. Contribution does not give county right in educational facilities nor impose maintenance obligation.

If any such county makes the contribution or donation as provided for in Section 37-115-69, neither such donation nor any provisions of Sections 37-115-69 through 37-115-75 shall be held to give rise to any right of title, lien, encumbrance or other right in the buildings, facilities or equipment so constructed or acquired and installed by means of or with the aid of such contribution or donation or upon the site on which they are located. Neither shall such donation nor any provision of said sections give rise to any right or obligation on the part of such county with respect to the operation or maintenance of said educational facilities and equipment.

HISTORY: Codes, 1942, § 2926-44; Laws, 1962, ch. 370, § 4.

School of Dentistry

§ 37-115-101. Direction and authority to establish.

The board of trustees of state institutions of higher learning is hereby directed and authorized to establish a school of dentistry at the University of Mississippi Medical Center in Jackson.

HISTORY: Laws, 1973, ch. 388, § 1, eff from and after passage (approved March 28, 1973).

§ 37-115-103. Object and purpose.

The object and purpose of the establishment of a school of dentistry at the University of Mississippi Medical Center shall be the encouragement of the study of dentistry toward the doctor of dental medicine degree, as well as the continued education of the state’s dental health professions; and the encouragement of dental research and the improvement of dental health.

HISTORY: Laws, 1973, ch. 388, § 2, eff from and after passage (approved March 28, 1973).

§ 37-115-105. When school may be in operation, staff employed and construction begun.

The school of dentistry created and authorized by Sections 37-115-101 through 37-115-111 shall be in operation within three (3) years from the date the legislature makes funds available for the construction of a building to house said school; provided, however, that no staff may be employed and no construction may begin until one million two hundred fifty thousand dollars ($1,250,000.00) from the City of Jackson and one million two hundred fifty thousand dollars ($1,250,000.00) from Hinds County has been deposited in the state treasury for use by the building commission in construction and furnishing of the dental school. The board of trustees of state institutions of higher learning is authorized and directed to take any and all necessary and proper actions for the implementation of this section.

HISTORY: Laws, 1973, ch. 388, § 3, eff from and after passage (approved March 28, 1973).

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 37-115-107. Dean, faculty, staff and other employees; physical plant; courses of study and research.

It shall be the duty of the board of trustees of state institutions of higher learning to elect or appoint a dean of this school; to determine and provide for an adequate faculty, staff and other employees; to fix and provide for the compensation of said faculty, staff and employees; to provide an adequate physical plant for this school; to prescribe the courses of study and research compatible with the objects and purposes hereinabove set forth; and to do and accomplish all other related functions consistent with the implementation of Sections 37-115-101 through 37-115-111.

HISTORY: Laws, 1973, ch. 388, § 4, eff from and after passage (approved March 28, 1973).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-115-109. Recognition and accreditation.

The board of trustees of state institutions of higher learning is directed, empowered and authorized to take necessary and proper actions to assure that the school of dentistry of the University of Mississippi Medical Center, as hereby established, acquires and maintains recognition and accreditation in local, regional and national accreditation associations at least at the level of its counterparts in the southeastern region of the United States and on a level with the other professional schools of this state.

HISTORY: Laws, 1973, ch. 388, § 5, eff from and after passage (approved March 28, 1973).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-115-111. Lands and buildings for school; payment for construction cost; “School of Dentistry Fund.”

The state building commission is authorized and directed to provide suitable land presently state owned or received as a gift, and buildings to house the school of dentistry; and payment for the construction costs of such buildings shall be made from any money made available to carry out the provisions of Sections 37-115-101 through 37-115-111. Any funds appropriated or granted from any source shall be put into a fund in the office of the state treasurer to be designated as the “School of Dentistry Fund.”

HISTORY: Laws, 1973, ch. 388, § 6, eff from and after passage (approved March 28, 1973).

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

School of Law

§ 37-115-121. Robert C. Khayat Law Center designated.

The new building, currently under construction at the University of Mississippi School of Law, located in Oxford, Mississippi, shall be named the “Robert C. Khayat Law Center.” The University of Mississippi School of Law shall prepare a distinctive plaque, to be placed in a prominent place within the building, which states the background, accomplishments and service to the university of Dr. Khayat.

HISTORY: Laws, 2007, ch. 449, § 1, eff from and after passage (approved Mar. 26, 2007.).

Chapter 117. Mississippi University for Women

§ 37-117-1. Organization.

The institution incorporated by the act of the legislature, approved March 12, 1884, and established in pursuance thereof, shall continue to exist as a body politic and corporate by the name of the “Mississippi College for Women,” with all its property and franchises, rights, powers and privileges conferred on it by law, or properly incident to such a body and necessary to accomplish the purpose of its creation; said college may receive and hold all real estate and personal property conveyed or given to it for such purposes. However, the name “Mississippi State College for Women” is hereafter changed to “Mississippi University for Women,” without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name “Mississippi College for Women” appears the same is construed to denote “Mississippi University for Women.”

HISTORY: Codes, 1892, § 2295; 1906, § 2523; Hemingway’s 1917, § 4948; Hemingway’s 1921 Supp. § 5729; 1930, § 7204; 1942, § 6710; Laws, 1920, ch. 256; Laws, 1974, ch. 367, § 2, eff from and after passage (approved March 15, 1974).

Editor’s Notes —

Laws of 2010, ch. 467, § 1 provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey certain real property and any improvements thereon at the Mississippi University for Women, located in the City of Columbus, Lowndes County, Mississippi, known as the “Carrier Lodge,” and more particularly described as follows:

“The South Half (S 1/2) of Fractional Square 25 of Moore’s Survey of the City of Columbus, Mississippi, as shown by the official map or plat of the City of Columbus, Lowndes County, Mississippi.

“That part of Square Number Fifteen (15) of Moore’s Survey of and in the City of Columbus, Lowndes County, Mississippi, known and described as follows: Beginning at the northwest corner of said Square No. 15 of Moore’s Survey aforesaid; thence running east along the northern boundary line of said Square a distance of 173 feet, more or less, to a line of trees running north and south through said Square; thence running south along said line of trees a distance of 150 feet; thence running west on a line parallel with the north line of said Square a distance of 173 feet; thence running north a distance of 150 feet to the point of beginning; said property being more particularly described as and enclosed by a line run as follows:

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers selected by the Department of Finance and Administration.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the Mississippi University for Women.”

Laws of 2011, ch. 361, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to donate and convey certain, to the City of Columbus, Mississippi, real property and any improvements thereon at the Mississippi University for Women, located in the City of Columbus, Lowndes County, Mississippi, and more particularly described as follows:

“ PARCEL 1

“Beginning at a point 344 feet North of the Southeast corner of the Northeast Quarter (NE 1/4) of Section Twenty-one (21), Township Eighteen (18), Range Eighteen (18) West, said point being on the eastern boundary of said section and also on the eastern boundary of South 15th Street in Columbus, Mississippi, thence West 150 feet to the Southeast corner of Block One (1), Sherrod’s Subdivision (1904) as shown by plat of record in Plat Book 1, Page 42, of the land records of Lowndes County, Mississippi; thence North 15 degrees West 809 feet or to the Southern right-of-way of the old Forest Railroad; thence Southeasterly along said right-of-way line of said railroad following the curve of said railroad 419 feet to the East boundary line of said Section 21, Township 18, Range 18 West; thence South along the East boundary line of said Section 21, 572 feet to the point of beginning, all lying in the Northeast Quarter (NE 1/4) of said Section 21, Township 18, Range 18 West, and containing approximately 3.8 acres.

“ PARCEL 4

“That part of Block One (1), Sherrod’s Subdivision, 1904, as shown by plat of record in Plat Book No. 1, Page 42 of the land records of Lowndes County, Mississippi, more particularly described as follows:

“Beginning at the Southeast corner of said Block One (1) of said Subdivision; thence West along the North right-of-way of 10th Avenue South 115 feet to the Southwest corner of said Block 1 of said Subdivision; thence North along West boundary of said block a distance of 130 feet to the Northwest corner of said block; thence East along the North side of said Block 78.8 feet; thence South 15 degrees East 140 feet to the point of beginning, containing 0.305 acres, more or less; all in Lowndes County, Mississippi.

“Said above described property containing, in the aggregate, 15.721 acres, more or less, and being expressly SUBJECT TO all easements for installation and maintenance of public utilities and drainage, and rights-of-way for public streets and roads heretofore established and now existing upon said property, such utility easement including, but not being limited to, electric transmission line easements in favor of the United States of America, the City of Columbus, Mississippi, and Mississippi Power Company, granted by instruments recorded in Book 166 at Page 320, Book 342 at Pages 421-426, and Book 358 at Pages 506-508 of the land records of Lowndes County, Mississippi, and sewer line easement conveyed to the City of Columbus, Mississippi, by deed recorded in Book 246 at Page 22 of the land records of said county and state.

“(2) If at any time after the donation of the real property described in subsection (1) of this section the City of Columbus, Lowndes County, Mississippi, ceases to use the real property for the purposes intended at the time of donation, the city shall forfeit its rights, title and interest in the real property, and all of the rights, title and interest in the real property shall revert back to the State of Mississippi, to be held for the use and benefit of the Board of the Mississippi University for Women, under the direction and control of the Board of Trustees of State Institutions of Higher Learning.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.”

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

§ 37-117-3. Purpose and aim of university.

The purpose and aim of the Mississippi State College for Women is the moral and intellectual advancement of the girls of the state by the maintenance of a first-class institution for their education in the arts and sciences, for their training in normal school methods and kindergarten, for their instruction in bookkeeping, photography, stenography, telegraphy, and typewriting, and in designing, drawing, engraving, and painting, and their industrial application, and for their instruction in fancy, general and practical needlework, and in such other industrial branches as experience, from time to time, shall suggest as necessary or proper to fit them for the practical affairs of life.

HISTORY: Codes, 1892, § 2296; 1906, § 2524; Hemingway’s 1917, § 4949; 1930, § 7205; 1942, § 6711.

Editor’s Notes —

Section 37-117-1 provides that the name “Mississippi State College for Women” is hereafter changed to “Mississippi University for Women”.

JUDICIAL DECISIONS

1. In general.

Denial of admission to the School of Nursing of the Mississippi University for Women of otherwise qualified male applicant is sexually discriminatory and a violation of 20 USCS § 1681. Mississippi University for Women v. Hogan, 458 U.S. 718, 102 S. Ct. 3331, 73 L. Ed. 2d 1090, 1982 U.S. LEXIS 157 (U.S. 1982).

§ 37-117-5. Apportionment of students.

The right belongs to each county to have a number of girls admitted, proportionate to its number of educable girls as compared with the whole number in the state. The total attendance at any session shall not exceed the entire allotment to the several counties for such session.

HISTORY: Codes, 1892, § 2305; 1906, § 2533; Hemingway’s 1917, § 4953; 1930, § 7209; 1942, § 6714.

§ 37-117-7. Making and announcement of apportionment of students.

The apportionment of students to be admitted to the Mississippi State College for Women shall be made and announced by the president of the college annually, and communicated to the county superintendents of education by the first of August, or as soon thereafter as practicable. No applicant under sixteen years of age shall be admitted to the institution.

HISTORY: Codes, 1892, § 2306; 1906, § 2534; Hemingway’s 1917, § 4954; 1930, § 7210; 1942, § 6715.

Editor’s Notes —

Section 37-117-1 provides that the name “Mississippi State College for Women” is hereafter changed to “Mississippi University for Women”.

§ 37-117-9. Certificates of selection.

The superintendent of education of each county, after due notice published, shall examine applicants, not qualified to enter by certificate from an accredited school, upon questions prepared and submitted by the president of the Mississippi State College for Women, and, with the consent of the board of supervisors, shall give certificates of selection to the number of girls to which his county is entitled, in addition to those already in the said college, if any. County superintendents shall make their appointments of students to the said college not later than July 1 of each year.

The certificate of selection shall be attested by the clerk of the board of supervisors, under its seal, and shall entitle the holder to admission into the said college, with all the privileges thereof, to pursue all the industrial branches selected, and to enter the subclass or class for which she is fitted.

HISTORY: Codes, 1892, §§ 2307, 2308; 1906, §§ 2535, 2536; Hemingway’s 1917, §§ 4955, 4956; 1930, §§ 7211, 7212; 1942, §§ 6716, 6717.

Editor’s Notes —

Section 37-117-1 provides that the name “Mississippi State College for Women” is hereafter changed to “Mississippi University for Women”.

§ 37-117-11. Dormitory privileges.

The privilege of rooming in the dormitories at the Mississippi State College for Women belongs to the free students, and to the due quota of girls from each county, in preference to all others. The basis of apportionment is hereby fixed at the present dormitory capacity. However, this provision shall not be construed to exclude pupils from free tuition who pay their board elsewhere.

HISTORY: Codes, 1892, § 2304; 1906, § 2532; Hemingway’s 1917, § 4952; 1930, § 7208; 1942, § 6713.

Editor’s Notes —

Section 37-117-1 provides that the name “Mississippi State College for Women” is hereafter changed to “Mississippi University for Women”.

Chapter 119. University of Southern Mississippi

§ 37-119-1. Organization.

The institution incorporated by an act of the legislature, approved March 30, 1910, and established in pursuance thereof, shall continue to exist as a body-politic and corporate by the name of University of Southern Mississippi, with all its property and franchises, rights, powers and privileges conferred on it by law, or properly incident to such body and necessary to accomplish the purpose of its creation; said university may receive and hold all real estate and personal property conveyed or given it, and wherever the term of Mississippi Southern College appears in the laws of the State of Mississippi the same shall be construed to refer to the University of Southern Mississippi.

HISTORY: Codes, Hemingway’s 1917, § 6078; 1930, § 7223; 1942, § 6727; Laws, 1910, ch. 119; Laws, 1924, ch. 295; Laws, 1940, ch. 190; Laws, 1962, ch. 373.

Editor’s Notes —

Laws of 2011, ch. 378, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey parcels of certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi Gulf Coast, located in the City of Pass Christian, Harrison County, Mississippi, known as the ‘Huckleberry Hill,’ being in Section 7, Township 8 South, Range 12 West, of the First Judicial District of Harrison County, Mississippi, and more particularly described as follows:

[For complete description of the property, see Laws of 2011, ch. 378, § 1.]

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi Gulf Coast.”

Laws of 2012, ch. 337, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey parcels of certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi Gulf Coast, located in the City of Long Beach, Harrison County, Mississippi, being in Harrison County, Mississippi, and more particularly described as follows:

[For complete description of the property, see Laws of 2012, ch. 337, § 1.]

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. The real property described in subsection (1) may only be sold to a nonprofit entity located adjacent to that real property and with whom the university has begun negotiations to sell such real property.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi Gulf Coast.”

Laws of 2012, ch. 460, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey certain state-owned real property under the possession and control of the University of Southern Mississippi, being in Block 27 of the City of Hattiesburg, Forrest County, Mississippi, and more particularly described as follows:

[For complete description of the property, see Laws of 2012, ch. 460, § 1.]

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of whom shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi.”

Laws of 2013, ch. 400, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in Jackson County, Mississippi, and more particularly described as follows:

[For a complete description of the property, see § 1, ch. 400, Laws of 2013]

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into the M.M. Roberts Endowment Fund administered by the University of Southern Mississippi.”

Laws of 2014, ch. 415, § 1 provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in D’Iberville, Harrison County, Mississippi, and more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 415, Laws of 2014]

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) The proceeds generated from the sale of the property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury to be expended only for the benefit of the University of Southern Mississippi.”

Laws of 2014, ch. 415, § 2, as amended by Laws of 2016, ch. 445, § 2 provides:

“SECTION 2. (1) The Department of Finance and Administration, acting on behalf of the University of Southern Mississippi and with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey or lease parcels of certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in the City of Hattiesburg, Forrest County, Mississippi, and more particularly described as follows:

[For the amended description of the property, see Section 2 of Chapter 445, Laws of 2016.]

“(2)(a) If sold, the real property described in subsection (1) of this section and any improvements thereon shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of whom shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(b) If the real property described in subsection (1) of this section is leased, the University of Southern Mississippi, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease and any terms and ancillary agreements pertaining to any lease as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state. Any lease approved and entered into on the university’s behalf shall not be cancelled by successor boards based on the binding successor doctrine.

“(3) The property described in subsection (1) of this section shall be sold or leased to result in the highest and best use of the property and to ensure that the property is used in a manner that will not interfere with the operation of the University of Southern Mississippi.

“(4) The State of Mississippi shall retain all mineral rights to the real property sold or leased under this section.

“(5) The Department of Finance and Administration may recover its costs associated with the transaction authorized by this section from the proceeds of the sale or lease of the real property described in subsection (1) of this section and the net proceeds of the sale or lease shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi.

“(6) The Department of Finance and Administration is authorized to correct any discrepancies in the property descriptions provided in this section.”

Laws of 2016, ch. 445, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, in consultation with the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey or lease all or portions of the parcels of certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in Forrest County, Mississippi, and more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 445, Laws of 2016]

“(2)(a) If sold, the real property described in subsection (1) of this section and any improvements thereon shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(b) If the real property described in subsection (1) of this section is leased, the University of Southern Mississippi, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease and any terms and ancillary agreements pertaining to any lease as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state. Any lease approved and entered into on the University’s behalf shall not exceed a term of forty (40) years and shall not be cancelled by successor boards based on the binding successor doctrine.

“(3) The property described in subsection (1) of this section shall be sold or leased only if such action is consistent with the university’s goals of research, innovation and commercialization, and only to result in the highest and best use of the property and to ensure that the property is used in a manner that will not interfere with the operation of the University of Southern Mississippi.

“(4) The State of Mississippi shall retain all mineral rights to the real property sold or leased under this section.

“(5) The Department of Finance and Administration may correct any discrepancies in the legal description of the property provided in this section.

“(6) The Department of Finance and Administration may recover its costs associated with the transaction authorized by this section from the proceeds of the sale or lease of the real property described in subsection (1) of this section, and the net proceeds of the sale or lease shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi.”

Laws of 2018, ch. 349, § 1, effective July 1, 2018, provides:

“SECTION 1. (1) The Department of Finance and Administration, in consultation with the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey or lease all or portions of a parcel of certain state—owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in Lamar County, Mississippi, and more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 349, Laws of 2018]

“(2)(a) If sold, the real property described in subsection (1) of this section and any improvements thereon shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of whom who shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(b) If the real property described in subsection (1) of this section is leased, the University of Southern Mississippi, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease and any terms and ancillary agreements pertaining to any lease as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state. Any lease approved and entered into on the University's behalf shall not exceed a term of forty (40) years and shall not be cancelled by successor boards based on the binding successor doctrine.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold or leased under this section.

“(4) The Department of Finance and Administration is authorized to correct any discrepancies in the legal description of the property provided in this section.

“(5) The Department of Finance and Administration may recover its costs associated with the transaction authorized by this section from the proceeds of the sale or lease of the real property described in subsection (1) of this section, and the net proceeds of the sale or lease shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi.”

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Peace officers employed by University of Southern Mississippi may be vested with powers of constable for purpose of preventing violations of law that occur within 500 feet of university-owned property, see §37-105-3.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

Mississippi Polymer Institute, see §57-55-13.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. In general.

2. Employment.

1. In general.

Finding against the student in her action against a state university and a professor after she suffered a third-degree burn at an iron pour demonstration was improper because the state university was not protected by discretionary function immunity and was liable for the professor’s negligence pursuant to the waiver of sovereign immunity; it was difficult to fathom how the professor’s failure to put down dry sand before the pour involved a policy judgment of a social, political, or economic nature. Pritchard v. Von Houten, 960 So. 2d 568, 2007 Miss. App. LEXIS 42 (Miss. Ct. App.), cert. denied, 959 So. 2d 1051, 2007 Miss. LEXIS 391 (Miss. 2007).

The University of Southern Mississippi is an agency of the state, controlled by a legislative grant of authority to the Board of Trustees of State Institutions of Higher Learning. Bruner v. University of Southern Mississippi, 501 So. 2d 1113, 1987 Miss. LEXIS 2293 (Miss. 1987).

2. Employment.

The University of Southern Mississippi was not liable to an assistant coach under an employment contract which he allegedly entered into with the university’s head football coach, because the head football coach was without authority to offer a valid employment contract which can only be created where the Board of Trustees of State Institutions of Higher Learning approves a nomination of the school’s president, as shown upon the minutes of the board of trustees. Bruner v. University of Southern Mississippi, 501 So. 2d 1113, 1987 Miss. LEXIS 2293 (Miss. 1987).

§ 37-119-3. Object of the university.

The principal object of the University of Southern Mississippi shall be to qualify teachers for the public schools of this state, by imparting instruction in the art and practice of teaching in all branches of study which pertain to a common school education, and such other studies as the board of trustees of state institutions of higher learning may from time to time prescribe.

HISTORY: Codes, Hemingway’s 1917, § 6079; 1930, § 7229; 1942, § 6731; Laws, 1910, ch. 119; Laws, 1948, ch. 297, § 1.

§ 37-119-5. Restrictions as to admission.

No person shall be eligible to admission to the University of Southern Mississippi, who shall not have completed the studies of course prescribed by law for the common or public schools of the state.

HISTORY: Codes, Hemingway’s 1917, § 6080; 1930, § 7230; 1942, § 6732; Laws, 1910, ch. 119; Laws, 1948, ch. 297, § 2.

§ 37-119-7. Bond issue for improving athletic stadium.

The University of Southern Mississippi (herein sometimes referred to as the “university”) is authorized and empowered to require the state building commission to issue bonds in an amount not exceeding the sum of seven hundred fifty thousand dollars ($750,000.00), bearing interest at a rate not exceeding six per cent per annum, for the purpose of and to be expended in extending, adding to and improving the athletic stadium on its campus; to impose student athletic fees; to impose charges, in addition to and distinguished from the established price of admission, upon persons, other than students, for the privilege of attending events held in such stadium, which such charges shall be exempt from any amusement tax now levied and collected in the State of Mississippi, and to immediately commence, prior to the issuance and sale of the bonds herein authorized and to continue, the collection of such charges; and to apply to the satisfaction and retirement, as and when due, of the principal of and interest on such bonds, said athletic fees and said charges, and also, rental income from the dormitory facilities now in the stadium, and income, not otherwise appropriated or allocated, from any other sources. Such bonds shall be authorized by the board of trustees of state institutions of higher learning in the manner now provided by Sections 37-101-91 through 37-101-103, and all of the provisions of said sections (except as herein otherwise provided and as are not in conflict with the provisions hereof) shall be applicable to the authorization and issuance of such bonds. Reference in Sections 37-101-95, 37-101-101, to “dormitories, dwellings or apartments” shall be understood to apply also to all other projects authorized to be financed under the provisions of Section 37-101-99.

Upon request of the university, acting through its president and financial secretary, authorization having been first obtained from the board of trustees of state institutions of higher learning, the state building commission shall issue and sell bonds of the university at not less than par and accrued interest in the manner provided by Section 21-27-45, Mississippi Code of 1972, for the sale of bonds of municipalities issued thereunder and upon terms and at interest rates, not to exceed the maximum therein authorized, to be fixed by the state building commission. The state building commission is hereby authorized to supervise the contracting for, and the erection of, all buildings erected, extended, added to, or improved under the provisions of this section. The board of trustees of state institutions of higher learning is hereby authorized and empowered to specify the nature of such extensions, additions, improvements or new construction, and shall approve the plans and specifications therefor prior to the letting of any new contract for any such work. All contracts let under the supervision of the state building commission shall be let as provided by law for other contracts let by said commission.

The board of trustees of state institutions of higher learning, in the resolution authorizing such bonds, may provide for the imposition of such student athletic fees, such charges for the privilege of attending events held in such stadium (as hereinabove distinguished from the price of admission), such rental charges for use of the dormitories facilities now in the stadium and for application to the retirement of such bonds of such other sources of income, not otherwise appropriated or allocated, as it may consider desirable. Said board may provide for the collection and the allocation of such fees and charges. Such fees and charges or other income shall always be in such amounts as will assure the prompt payment of principal of and interest on such bonds and the carrying out of all of the covenants and agreements contained in such resolution authorizing such bonds.

All bonds so issued shall constitute negotiable instruments within the meaning of the Uniform Commercial Code of Mississippi.

Any bonds authorized under authority of this section may be validated in the chancery court of first judicial district, Hinds County in the manner and with the force and effect now or hereafter provided by general law for the validation of municipal bonds.

This section, without reference to any other statute or law of Mississippi other than the portions of Sections 37-101-91 through 37-101-103, not in conflict herewith, and Section 31-19-25, shall constitute full authority for the extension, adding to and improvement of the aforesaid stadium and the authorization and issuance of bonds hereunder and no other provisions of the statutes pertinent thereto, except as herein expressly provided, shall be construed as applying to any proceedings had hereunder or any acts done pursuant hereto.

HISTORY: Codes, 1942, § 6732.5; Laws, 1956, ch. 281, §§ 1-5.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Negotiable instruments under the Mississippi Uniform Commercial Code, see §§75-3-101 et seq.

Maximum interest rate on revenue bonds, see §75-17-103.

§ 37-119-9. Authorization to borrow funds to establish certified registered nurse anesthetist education and training program.

The University of Southern Mississippi, with the approval of the Board of Trustees of State Institutions of Higher Learning, is hereby granted the legal authority to borrow funds for the purpose of establishing and operating a certified registered nurse anesthetist educational and training program within the university’s existing School of Nursing on its Hattiesburg campus.The purposes for which the funds from the loan may be utilized shall include, but not be limited to, any and all start-up costs, operation costs, personnel costs, equipment and educational materials.

HISTORY: Laws, 2012, ch. 407, § 1, eff from and after passage (approved Apr. 18, 2012.).

§ 37-119-11. DuBard School for Language Disorders Fund created.

There is created in the State Treasury a special fund to be known as the DuBard School for Language Disorders Fund, which shall be administered by the Board of Trustees of State Institutions of Higher Learning. The purpose of the fund shall be to support the DuBard School for Language Disorders at the University of Southern Mississippi. Monies in the fund shall be expended by the board of trustees, upon appropriation by the Legislature. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:

Monies appropriated by the Legislature for the purposes of funding the DuBard School for Language Disorders;

The interest accruing to the fund;

Monies received under the provisions of Section 99-19-73;

Monies received from the federal government;

Donations; and

Monies received from such other sources as may be provided by law.

HISTORY: Laws, 2012, ch. 554, § 4, eff from and after July 1, 2012.

Editor’s Notes —

Laws of 2012, ch. 554, § 6 provides:

“SECTION 6. During fiscal year 2013, the following agencies shall have the authority to receive, budget and expend the following amounts generated from the assessments enacted in House Bill No. 878, 2012 Regular Session [Chapter 554, Laws of 2012]:

“University of Mississippi Medical Center for the

Children’s Justice Center . . . . . $750,000.00

“Board of Trustees of State Institutions of

Higher Learning for the DuBard School

for Language Disorders . . . . . $300,000.00

“Attorney General’s office for the Children’s Advocacy

Centers of Mississippi . . . . . $650,000.00

“Attorney General’s office for the Motorcycle

Officers Training Program . . . . . $50,000.00

“The above listed escalations shall be done in accordance with the rules and regulations of the Department of Finance and Adminstration in a manner consistent with the escalation of federal funds.”

Chapter 121. Alcorn State University

§ 37-121-1. Organization.

The Alcorn Agricultural and Mechanical College of Mississippi, created by act approved February 28, 1878, shall continue as a body politic and corporate, and shall henceforth be known as “Alcorn State University,” without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name “Alcorn Agricultural and Mechanical College” appears, the same is construed to denote “Alcorn State University.”

HISTORY: Codes, 1880, § 776; 1892, § 28; 1906, § 29; Hemingway’s 1917, § 3439; 1930, § 7195; 1942, § 6703; Laws, 1974, ch 367, § 3, eff from and after passage (approved March 15, 1974).

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. In general.

Secretary, treasurer and business manager of Alcorn A. & M. College is not a public officer within Const. 1890 § 175. McClure v. Whitney, 120 Miss. 350, 82 So. 259, 1919 Miss. LEXIS 92 (Miss. 1919).

§ 37-121-3. Applicability of laws dealing with the Mississippi State University of Agriculture and Applied Science.

All the provisions in Chapter 113 of this title, being sections applicable to the Mississippi State University of Agriculture and Applied Science, that can reasonably apply to Alcorn Agricultural and Mechanical College, shall apply to the college, except those sections on the subject of apportioning students among the several counties of the state and dormitory privileges for them and those sections on the subject of agricultural experimental stations.

HISTORY: Codes, 1880, § 776; 1892, §§ 29, 30; 1906, §§ 30, 31; Hemingway’s 1917, §§ 3440, 3441; 1930, § 7196; 1942, § 6704.

Editor’s Notes —

Section 37-121-1 provides that whenever the name “Alcorn Agricultural and Mechanical College” appears, the same is construed to denote “Alcorn State University”.

Cross References —

Duty of state to support Alcorn Agricultural and Mechanical College, see Miss. Const. Art. 8, § 213.

§ 37-121-5. Establishment of branch of agricultural and forestry experimental station.

The Mississippi agricultural and forestry experimental station is hereby authorized to establish a branch at Alcorn Agricultural and Mechanical College, Lorman, for the purpose of providing an organization for cooperative effort between the two land grant institutions in furthering a unified agricultural research program for the State of Mississippi.

HISTORY: Codes, 1942, § 6704.5; Laws, 1971, ch. 389, § 1, eff from and after passage (approved March 18, 1971).

Editor’s Notes —

Section 37-121-1 provides that whenever the name “Alcorn Agricultural and Mechanical College” appears, the same is construed to denote “Alcorn State University”.

Cross References —

Establishment of agricultural and forestry experimental station, see §37-113-17.

Establishment of branch agricultural experimental stations, see §37-113-21.

§ 37-121-7. New dining hall named Dr. Clinton Bristow, Jr., Dining Facility.

The new dining hall, currently under construction on the campus of Alcorn State University, located in Lorman, Mississippi, shall be named the Dr. Clinton Bristow, Jr., Dining Facility. Alcorn State University shall prepare a distinctive plaque to be placed in a prominent place within the Dr. Clinton Bristow, Jr., Dining Facility, which states the background, accomplishments and service to the university of Dr. Bristow.

HISTORY: Laws, 2007, ch. 339, § 1, eff from and after passage (approved Mar. 14, 2007.).

§ 37-121-9. Marks Vegetable Processing Facility renamed the Clayton P. Henderson Vegetable Processing Facility.

The Marks Vegetable Processing Facility located at 1300 Killebrew Road in Marks, Mississippi, and operated by Alcorn State University, shall be named the Clayton P. Henderson Vegetable Processing Facility.Alcorn State University shall prepare a distinctive plaque to be placed in a prominent place within the Clayton P. Henderson Vegetable Processing Facility, which states the background, accomplishments and service to the state of the Honorable Clayton P. Henderson.

HISTORY: Laws, 2009, ch. 561, § 8, eff from and after passage (approved May 13, 2009.).

§ 37-121-11. Alcorn State University Baseball Park named the Willie E. “Rat” McGowan, Sr., Baseball Stadium.

The Alcorn State University Baseball Park on the campus of Alcorn State University in Lorman, Mississippi, shall be named the Willie E. “Rat” McGowan, Sr., Baseball Stadium. The Department of Finance and Administration shall prepare a distinctive plaque to be placed in a prominent place within the Willie E. “Rat” McGowan, Sr., Baseball Stadium, which states the background, accomplishments and service to the university of Mr. McGowan.

HISTORY: Laws, 2010, ch. 509, § 5, eff from and after passage (approved Apr. 13, 2010.).

§ 37-121-13. Baseball field within the Willie E. “Rat” McGowan, Sr., Baseball Stadium named the William “Bill” Foster Baseball Field.

The baseball field within the Willie E. “Rat” McGowan, Sr., Baseball Stadium, as designated in Section 37-121-11, located on the campus of Alcorn State University in Lorman, Mississippi, shall be named the William “Bill” Foster Baseball Field. The Department of Finance and Administration shall prepare a distinctive plaque to be placed in a prominent place on the William “Bill” Foster Baseball Field, which states the background, accomplishments and service to the university of Mr. Foster.

HISTORY: Laws, 2010, ch. 509, § 6, eff from and after passage (approved Apr. 13, 2010.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a statutory reference in this section. The reference to “Section 1 of this act” was changed to “Section 37-121-11,” which was enacted by Section 5 of Chapter 509, Laws of 2010. The Joint Committee ratified the correction at its July 13, 2011, meeting.

§ 37-121-15. Mississippi Small Farm Development Center (MSFDC) at Alcorn State University renamed the Mississippi Small Farm and Agribusiness Center (MSFAC).

The Mississippi Small Farm Development Center (MSFDC) on the campus of Alcorn State University in Lorman, Mississippi, shall be renamed the Mississippi Small Farm and Agribusiness Center (MSFAC).

HISTORY: Laws, 2013, ch. 481, § 2, eff from and after passage (approved April 1, 2013.).

§ 37-121-17. Basketball court within Davey L. Whitney Complex named the Shirley A. Walker Basketball Court.

The basketball court within the Davey L. Whitney Complex located on the campus of Alcorn State University in Lorman, Mississippi, shall be named the Shirley A. Walker Basketball Court. The Department of Finance and Administration is authorized to prepare a distinctive plaque to be placed in a prominent place within the Davey L. Whitney Complex, which states the background, accomplishments and service to the university of Mrs.Walker.

HISTORY: Laws, 2014, ch. 484, § 2, eff from and after July 1, 2014.

§ 37-121-19. University lands shall not be taxed.

The lands andproperty of Alcorn State University shall not be subject to state,county or municipal taxation. The buildings and improvements thatare or may be erected on any land belonging to the university thathas been or may be leased to private entities for the purpose of affordingaffordable board to the students attending the institution shall notbe subject to taxation.

HISTORY: Laws, 2018, ch. 386, § 1, eff from and after passage (approved March 19, 2018).

Chapter 123. Delta State University

§ 37-123-1. Organization.

The body politic and corporate created by Chapter 284, Laws of Mississippi 1924, by the name of “Delta State Teachers’ College” is continued to have perpetual succession with power to contract and be contracted with; to receive by any legal method of transfer or conveyance, property of any description, to have, hold and employ the same; to make and use a corporate seal, with power to change the same; to adopt bylaws, rules and regulations for the government of its members, official agents and employees. However, the name of said “Delta State Teachers’ College” shall be hereafter changed to “Delta State University” without interference with the rights, powers and prerogatives of said college which shall continue in all respects.

Wherever the name “Delta State Teachers’ College” or “Delta State College” appears, the same shall be construed to denote Delta State University.

HISTORY: Codes, 1930, § 7235; 1942, § 6733; Laws, 1924, ch. 284; Laws, 1955, Ex Sess, ch. 62; Laws, 1974, ch. 367, § 1, eff from and after passage (approved March 15, 1974).

Editor’s Notes —

Laws of 2011, ch. 507, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey parcels of certain state-owned real property and any improvements thereon under the possession and control of the Delta State University, located in the City of Cleveland, Bolivar County, Mississippi, . . . ”

[For complete property descriptions see Laws of 2011, ch. 507, § 1.]

“(2) The real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) The State of Mississippi shall retain all mineral rights to the real property sold under this section.

“(4) Proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of Delta State University.”

Laws of 2017, ch. 375, § 1, effective March 21, 2017, provides:

“(1) Delta State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into an agreement, or agreements, to lease a part of its real property to an entity, or entities, selected in an RFP process conducted by Delta State University for a term of no more than forty (40) years. The property is located in the City of Cleveland, Bolivar County, Mississippi, and is more particularly described as follows:

“55 acres that is currently improved with a 9-hole golf course property known as Derrall Foreman Golf Course. It is located on the Delta State University Campus at 1003 West Sunflower Road, Cleveland, Bolivar County, Mississippi. It is identified by the Bolivar County Courthouse as follows, Part of SE 1/4, Section 17, Township 22, Range 5, Cleveland, Bolivar County, Mississippi.

“(2) The lease may include one (1) option to renew for a renewal period not to exceed ten (10) years, with the option to renew being in the sole discretion of the lessor.

“(3) The lease of the real property described in subsection of this section shall consist of mixed-use development improvements, which may contain:

“(a) A multipurpose conference center;

“(b) A hotel, lodging or other commercial accommodation;

“(c) Residential houses/apartment homes. The faculty, staff and student body of Delta State University shall have the right of first offer for the residential houses/apartment homes developed within the leased area before being made available to the public;

“(d) Surface parking;

“(e) Landscaping and green space buffers;

“(f) An executive par-three golf course; and

“(g) A walking/fitness trail.

“(4) The lease and any amendments to the lease of all or any portion of the real property authorized for lease under subsection (1) of this section shall be subject to the approval of the Board of Trustees of State Institutions of Higher Learning. The approved lease and any amendments to the lease shall not be cancelled by successor boards based on the binding successor doctrine.

“(5) All proceeds derived or received from all leases entered into under this section shall be deposited in a special fund for the use and benefit of Delta State University.

“(6) If all or any portion of the property described in subsection (1) of this section is leased, Delta State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease and any terms of ancillary agreements pertaining to any lease as may be reasonably necessary to effectuate the intent and purposes of this section and to ensure a fair and equitable return to the state.

“(7) At the end of the lease term provided in this act, the property leased under the authority provided herein shall revert to Delta State University.

“(8) The State of Mississippi shall retain all mineral rights in the real property leased under this section.

“(9) The Department of Finance and Administration is authorized to correct any discrepancies in the property described in this section.”

Laws of 2018, ch. 307, § 1, effective March 5, 2018, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning and Delta State University, is authorized to donate, transfer and convey for no consideration to the Board of Trustees of Coahoma Community College, for the use and benefit of the Coahoma County Higher Education Center, certain real property known as the "Cutrer Mansion lot," "St. Elizabeth School lot," and "St. Elizabeth Gymnasium lot." The real property is located in Coahoma County, Mississippi and is more particularly described as follows:

[For a complete description of the property, see Section 1 of Chapter 307, Laws of 2018]

“(2) The Board of Trustees of Coahoma Community College shall be responsible for the management and upkeep of the property described in subsection (1), as well as any facilities thereon and any improvements that may be constructed on the site.

“(3) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to convey the property described in subsection (1) subject to the following conditions:

“(a) That the property shall be used for the purposes of providing higher education, workforce training, and/or other continuing education opportunities to the public. The Board of Trustees of Coahoma Community College shall ensure that the Coahoma County Higher Education Center carries out these purposes;

“(b) That the property shall revert to the Department of Finance and Administration in the event that the Board of Trustees of Coahoma Community College should operate the Coahoma County Higher Education Center contrary to the purposes set forth in paragraph (a) of this subsection; and

“(c) That the property shall revert to the Department of Finance and Administration in the event that the Board of Trustees of Coahoma Community College abandons or attempts to sell or transfer all or a portion of such property to another entity.

“(4) The Department of Finance and Administration shall have the authority to correct any discrepancies in the property descriptions provided in subsection one (1) of this section.

“(5) The State of Mississippi shall retain all mineral rights to the real property conveyed and transferred under this section.”

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Duties of division directors of state board of education, see §37-3-25.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

§ 37-123-3. Object.

The principal object of the Delta State College shall be to qualify teachers for the public schools of this state, by imparting instruction in the art and practice of teaching in all branches of study which pertain to a common school education, and such other studies as the board of trustees of state institutions of higher learning may from time to time prescribe.

HISTORY: Codes, 1930, § 7240; 1942, § 6736.

Editor’s Notes —

Section 37-123-1 provides that the name of “Delta State Teachers’ College” shall be hereafter changed to “Delta State University”.

Cross References —

Object and purpose of University of Southern Mississippi, see §37-119-3.

Restrictions on admission, see §37-119-5.

§ 37-123-5. Restrictions as to admission.

No person shall be eligible to admission to the Delta State College, who shall not have completed the studies of course prescribed by law for the common or public schools of the state.

HISTORY: Codes, 1930, § 7240; 1942, § 6736.

Editor’s Notes —

Section 37-123-1 changed the name of Delta State College to Delta State University.

Chapter 125. Jackson State University

§ 37-125-1. Creation.

A body politic and corporate is hereby created by the name of the “Jackson State College” to have perpetual succession, with power to contract and be contracted with, to receive by any legal method of transfer or conveyance, property of any description, to have, hold and employ the same, to make and use a corporate seal, with power to break or change the same, and to adopt bylaws, rules, and regulations for the government of its members, official agents, and employees. However, the name of said “Jackson State College” is hereafter changed to “Jackson State University,” without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name “Jackson State College” appears, the same is construed to denote “Jackson State University.”

HISTORY: Codes, 1942, §§ 6808, 6808-01; Laws, 1940, ch. 185; Laws, 1944, ch. 159, § 1; Laws, 1956, ch. 293; Laws, 1974, ch. 367, § 4, eff from and after passage (approved March 15, 1974).

Editor’s Notes —

Laws of 2016, ch. 475, § 1 provides:

“SECTION 1. (1) Jackson State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into a ground lease, management and maintenance agreement, and an agreement to lease or sell part of its real property with a private entity, its successors and assigns selected in the Invitation to Negotiate process conducted by Jackson State University related to the ownership, leasing, renovating, development, construction, furnishing, maintenance and equipping of facilities by the private entity for the housing of Jackson State University students, faculty, staff and visitors within such facilities located within and outside the campus of Jackson State University in the City of Jackson, Hinds County, Mississippi. Any ground lease, management and maintenance agreement or lease agreement authorized under this subsection shall not exceed a term of forty (40) years. The properties that shall be subject to an agreement authorized under this subsection are the ‘Stewart Hall Building,’ ‘University Pointe Building’ and facilities to be constructed on the property that is more particularly described as follows:

[For a complete description of the property, see Section 1, Chapter 475, Laws of 2016]

“(2)(a) The Department of Finance and Administration (DFA), acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey certain state-owned real property and any improvements thereon under the possession and control of Jackson State University, located in Jackson, Hinds County, Mississippi, and more particularly described as follows:

[For a complete description of the property, see Section 1, Chapter 475, Laws of 2016]

“(b) Jackson State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into a management and maintenance agreement for a term of up to forty (40) years with the entity to whom DFA sells the property described in paragraph (a) of this subsection regarding the management and maintenance of the student housing facility built by the private entity on the property.

“(3)(a) The Jackson State University Educational Building Corporation (“JSUEBC”), with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell certain real property to the private entity selected in the Jackson State University Invitation to Negotiate process described in subsection (1) of this section. The property is located in the City of Jackson, Hinds County, Mississippi, and is more particularly described as follows:

[For a complete description of the property, see Section 1, Chapter 475, Laws of 2016]

“(b) Jackson State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to enter into a management and maintenance agreement for a term of up to forty (40) years with the private entity regarding the management and maintenance of the student housing facility built by the private entity on the property described in paragraph (a) of this subsection.

“(4) The real property described in subsections (1) through (3) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(5) Jackson State University is authorized to enter into a ground lease and a management and maintenance agreement with a private entity, its successors and assigns for an initial term of up to forty (40) years to lease the property on which the buildings designated as the ‘Stewart Hall Building’ and the ‘University Pointe Building’ are located, together with appurtenances thereto for the purpose of the private entity’s renovation, furnishing, maintenance and equipping of those buildings. The ‘Stewart Hall Building’ and the ‘University Pointe Building’ are located on the campus of Jackson State University in the City of Jackson, Hinds County, Mississippi.

“(6) Any lease agreement, management and maintenance agreement and ground lease authorized in subsections (1) through (5) of this section and any amendments to the same shall be subject to approval by the Board of Trustees of State Institutions of Higher Learning. An approved lease agreement, management and maintenance agreement and ground lease and any amendments to the same shall not be voidable by successor Boards of Trustees of State Institutions of Higher Learning based on the binding successor doctrine.

“(7) The ownership of all property and any improvements and/or facilities thereon, which are the subject of any management and maintenance agreement, lease agreement or other type of contract authorized in this section, if not already owned by Jackson State University, shall be transferred without cost to Jackson State University from the private entity at the conclusion of such management and maintenance agreement, lease agreement or other contract.

“(8) The State of Mississippi shall retain all mineral rights to the real property leased and/or sold under this section.

“(9) The Department of Finance and Administration is authorized to correct any discrepancies in the property descriptions provided in this section.”

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Peace officers employed by Jackson State University may be vested with powers of constable for purpose of preventing violations of law that occur within 500 feet of university property, see §37-105-3.

Mississippi Veterans memorial Stadium to be home stadium of Jackson State University, see §55-23-6.

Inclusion of state-supported universities in small business consortium, see §57-10-157.

Mississippi Urban Research Center, see §57-55-17.

RESEARCH REFERENCES

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

JUDICIAL DECISIONS

1. Sovereign immunity.

Former state university student’s 42 U.S.C.S. §§ 1981, 1983 race discrimination claims against the university, a state board of trustees, and several professors were barred under the U.S. Const. Amend. XI doctrine of sovereign immunity; both the university and the board were arms of the State of Mississippi where the board was created pursuant to Miss. Const. Art. 8, § 213A, the Mississippi Legislature granted further authority to the board via Miss. Code Ann. §37-101-1, and the university was a public university created by statute and placed under the auspices of the board via Miss. Code Ann. §§37-125-1 et seq. and37-101-1. Washington v. Jackson State Univ., 532 F. Supp. 2d 804, 2006 U.S. Dist. LEXIS 97302 (S.D. Miss. 2006).

§ 37-125-3. Object.

The object of the Jackson State College shall be to qualify teachers for the public schools of this state by giving instruction in the art and practice of teaching in all branches of study which pertain to industrial training, health, and rural and elementary education, and such other studies as the board of trustees of state institutions of higher learning, in cooperation with the state department of education, may, from time to time, prescribe.

HISTORY: Codes, 1942, § 6809; Laws, 1940, ch. 185.

Editor’s Notes —

Section 37-125-1 provides that whenever the name “Jackson State College” appears, the same is construed to denote “Jackson State University”.

§ 37-125-5. Location.

The Jackson State College shall be located on the property situated near the city of Jackson, Hinds County, Mississippi, and containing forty-nine acres more or less north of the Y. & M. V. railroad, west of Dalton street, section 9, township 6, range 1, east, and otherwise known as Jackson College.

HISTORY: Codes, 1942, § 6811; Laws, 1940, ch. 185.

Editor’s Notes —

Section 37-125-1 provides that whenever the name “Jackson State College” appears, the same is construed to denote “Jackson State University”.

§ 37-125-7. Executive head.

The executive head of the Jackson State College shall be held as the professional adviser of the board of trustees of state institutions of higher learning on all matters pertaining to the inside arrangements of buildings, selection of faculty, and course of study. He shall have the immediate supervision and management of said college in all its departments, subject however, to the general supervision, management, and direction of the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 6813; Laws, 1940, ch. 185.

Editor’s Notes —

Section 37-125-1 provides that whenever the name “Jackson State College” appears, the same is construed to denote “Jackson State University”.

Chapter 127. Mississippi Valley State University

§ 37-127-1. Creation.

A body politic and corporate is hereby created by the name of the “Mississippi Valley State College” to have perpetual succession, with power to contract and be contracted with, to receive by any legal method of transfer or conveyance, property of any description, to have, hold, and employ the same, to make and use a corporate seal, with power to break or change the same, and to adopt bylaws, rules and regulations for the government of its members, official agents, and employees. However, the name of said “Mississippi Valley State College” is hereafter changed to “Mississippi Valley State University,” without interference with the rights, powers and prerogatives of said college which continue in all respects. Whenever the name “Mississippi Valley State College” appears, the same is construed to denote “Mississippi Valley State University.”

HISTORY: Codes, 1942, § 6814-01; Laws, 1946, ch. 327, § 1; Laws, 1964, ch. 416; Laws, 1974, ch. 367, § 5, eff from and after passage (approved March 15, 1974).

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 4 et seq.

CJS.

14 C.J.S., Colleges and Universities §§ 1-3, 42.

Law Reviews.

Adams, Through the looking glass and what the Supreme Court finds there: the political setting of United States v. Fordice. 62 Miss. L. J. 263, Winter, 1993.

Connell, The road to United States v. Fordice: what is the duty of public colleges and universities in former de jure states to desegregate? 62 Miss. L. J. 285, Winter, 1993.

Dunaway and Mills, United States v. Fordice: A summary of the parties’ arguments. 62 Miss. L. J. 361, Winter, 1993.

Davis, The quest for equal education in Mississippi: the implications of United States v. Fordice. 62 Miss. L. J. 405, Winter, 1993.

§ 37-127-3. Object.

The object of the Mississippi Valley State College shall be to train teachers for teaching in the public schools of this state by giving instruction in the art and practice of teaching in the elementary and high school grades and in all branches of study which pertain to industrial training, health, and rural and elementary education, and to provide instruction and training in such other subjects as the board of trustees of state institutions of higher learning, in cooperation with the state department of education, may, from time to time, prescribe. It shall also be the object of said college to establish and conduct schools, classes or courses, for preparing, equipping and training citizens of the State of Mississippi for employment in gainful occupations, in trade, industrial and distributive pursuits whether such students are qualified by educational requirements or not.

HISTORY: Codes, 1942, § 6814-02; Laws, 1946, ch. 327, § 2.

Editor’s Notes —

Section 37-127-1 provides that whenever the name “Mississippi Valley State College” appears, the same is construed to denote “Mississippi Valley State University”.

§ 37-127-5. Location.

The Mississippi Valley State College shall be located at some appropriate place in the delta section of the state, to be determined by the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 6814-04; Laws, 1946, ch. 327, § 4.

Editor’s Notes —

Section 37-127-1 provides that whenever the name “Mississippi Valley State College” appears, the same is construed to denote “Mississippi Valley State University”.

§ 37-127-7. President.

The president of the Mississippi Valley State College shall be held as the professional adviser of the board of trustees of state institutions of higher learning of all matters pertaining to the inside arrangements of buildings, selection of faculty, and course of study. He shall have the immediate supervision and management of said college in all its departments, subject however, to the general supervision, management, and direction of the board of trustees of state institutions of higher learning.

HISTORY: Codes, 1942, § 6814-06; Laws, 1946, ch. 327, § 6.

Editor’s Notes —

Section 37-127-1 provides that whenever the name “Mississippi Valley State College” appears, the same is construed to denote “Mississippi Valley State University”.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1.

Chapter 129. Nursing Schools and Scholarships

§ 37-129-1. Regulation of nursing schools and programs.

In addition to all other powers and duties now vested by law in the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi, said board is hereby empowered and required to:

Establish by rules and regulations and promulgate uniform standards for accreditation of schools of nursing in the State of Mississippi (i) insofar as concerns the eligibility of graduates of such schools to take the examination prescribed by law to become registered nurses authorized to practice the profession of nursing as registered nurses in Mississippi, and (ii) insofar as concerns student nurses attending such schools being eligible to participate in any student nurse scholarship program or other program of assistance now existing or hereafter established by legislative enactment;

Issue to such schools of nursing upon an annual basis certificates of accreditation as may be proper under such standards;

Administer any scholarship program or other program of assistance heretofore or hereafter established by legislative enactment for the benefit of students attending accredited schools of nursing in this state;

Administer any other funds available or which may be made available for the promotion of nursing education in the state, with the exception of nursing faculty supplement funds to the public junior colleges, which funds shall be appropriated to and administered by the Division of Junior Colleges of the State Department of Education;

Adopt rules and regulations to provide that a nurse in training may, during the two-year period in an approved hospital, be allowed to transfer at any time with full credit after six (6) months in training, to any other hospital of her choice at which there is a vacancy; suitable provision shall be made to protect her against coercion or intimidation concerning such a contemplated transfer.

In addition to other powers now vested by law in the Board of Trustees of State Institutions of Higher Learning, said board is hereby empowered to establish and maintain a nurse-midwifery education program that meets the accreditation standards of the American College of Nurse-Midwives at a state institution of higher learning under the jurisdiction of the board of trustees.

In order to implement paragraph (d) above, the Board of Trustees of State Institutions of Higher Learning is hereby authorized and directed to arrange and contract with hospitals, senior colleges and hospital schools of nursing for the financial support of programs of nursing education. The said board is further authorized to adopt such terms for contracts, and such rules and regulations for reimbursing contracting agencies for costs of instruction in schools of nursing as may be feasible in accordance with appropriations made by the Legislature for this purpose. However, no reimbursement may be made to contracting agencies in excess of the actual cost of instruction in the schools of nursing.

In addition to the powers now vested by law in the Board of Trustees of State Institutions of Higher Learning and subject to the availability of funds specifically appropriated therefor, said board is hereby empowered and directed to conduct a one-year feasibility study and comprehensive plan for nursing schools in Mississippi which addresses the concept of shared utilization of clinical simulation laboratories for all Mississippi schools of nursing in order to provide computerized interactive learning capabilities for all schools, utilizing the pooled resources or mobile capability models from other states. The completed plan shall be developed and a report made to the 2009 Regular Session on or before December 1, 2008.

No provision of this section shall be construed to authorize any department, agency, officer or employee of the State of Mississippi to exercise any controls over the admissions policy of any private educational institution offering a baccalaureate degree in nursing.

HISTORY: Codes, 1942, § 6726.9; Laws, 1954, ch. 280, §§ 1-4; Laws, 1960, ch. 312; Laws, 1979, ch. 337, § 1; Laws, 1980, ch. 549; Laws, 1985, ch. 378; Laws, 2008, ch. 320, § 1, eff from and after July 1, 2008.

Amendment Notes —

The 2008 amendment, in (a), substituted “(i)” for “(1)” and “(ii)” for “(2)”; in the first sentence of the third-to-last paragraph, substituted “paragraph (d)” for “subsection (d)”; and added the next-to-last paragraph.

Cross References —

Exception of nursing education programs from authority of director of division of vocational and technical education, see §37-3-25.

Exception of nursing education programs from authority of Mississippi Board of Vocational and Technical Education, see §37-31-205.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Medicaid payments for services of nurse-midwives, see §43-13-117.

Mississippi Nursing Practice Law, see §§73-15-1 et seq.

RESEARCH REFERENCES

ALR.

Midwifery: state regulation. 59 A.L.R.4th 929.

§ 37-129-3. School of nursing established in University of Mississippi unaffected by §§ 37-129-1 and 37-129-3.

No provision of this section and Section 37-129-1 shall apply to or in any wise affect the school of nursing heretofore established in the University of Mississippi pursuant to Section 37-115-51, and no provision of this section and Section 37-129-1 shall apply to or affect the scholarship program for advanced study in nursing established under Sections 37-129-5 through 37-129-13.

HISTORY: Codes, 1942, § 6726.9; Laws, 1954, ch. 280, §§ 1-4; Laws, 1960, ch. 312, eff July 1, 1960.

Editor’s Notes —

Sections37-129-5 through37-129-13 referred to in this section were repealed by Laws of 1991, ch. 547, § 16, eff from and after July 1, 1991. For current provisions, see §37-143-9.

§§ 37-129-5 through 37-129-13. Repealed.

Repealed by Laws, 1991, ch. 547, § 16, eff from and after July 1, 1991.

§37-129-5. [Codes, 1942, § 6708-22; Laws, 1948, ch. 288, §§ 1-7; Laws, 1952, ch. 267; Laws, 1956, ch. 298]

§37-129-7. [Codes, 1942, § 6708-22; Laws, 1948, ch. 288, §§ 1-7; Laws, 1952, ch. 267; Laws, 1956, ch. 298]

§37-129-9. [Codes, 1942, § 6708-22; Laws, 1948, ch. 288, §§ 1-7; Laws, 1952, ch. 267; Laws, 1956, ch. 298]

§37-129-11. [Codes, 1942, § 6708-22; Laws, 1948, ch. 288, §§ 1-7; Laws, 1952, ch. 267; Laws, 1956, ch. 298]

§37-129-13. [Codes, 1942, § 6708-22; Laws, 1948, ch. 288, §§ 1-7; Laws, 1952, ch. 267; Laws, 1956, ch. 298]

Editor’s Notes —

Former §37-129-5 provided for the legislature’s declaration and establishment of a scholarship program of education in nursing. For current provisions pertaining to funds for advanced study in nursing, see §37-143-9.

Former §37-129-7 provided for the number, value and allocation of scholarships. For current provisions pertaining to funds for advanced study in nursing, see §37-143-9.

Former §37-129-9 provided for the form and contents of contracts with recipients of scholarships. For current provisions pertaining to funds for advanced study in nursing, see §37-143-9.

Former §37-129-11 provided for the purpose, terms and conditions of scholarships, as well as aid to student nurses. For current provisions pertaining to funds for advanced study in nursing, see §37-143-9.

Former §37-129-13 provided for the approval of positions for students after completion of work and under scholarship. For current provisions pertaining to funds for advanced study in nursing, see §37-143-9.

Laws, 1991, ch. 547, § 18, provides:

“SECTION 18. The Board of Trustees os State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

Chapter 131. Teachers Demonstration and Practice Schools

§ 37-131-1. Authority to establish, maintain and conduct schools.

The president or executive head of any state-supported institution of higher learning of the State of Mississippi, subject to the approval of the board of trustees of state institutions of higher learning, is hereby authorized and empowered to establish, operate, maintain, and conduct teachers demonstration and practice schools in connection with the operation of such institution of higher learning. The president or executive head of any such institution, subject to the approval of the board of trustees of state institutions of higher learning, shall have full power and authority to regulate and conduct the affairs of such schools and to establish rules and regulations for their government.

HISTORY: Codes, 1942, § 6737-01; Laws, 1954, ch. 270, § 1, eff from and after July 1, 1954.

§ 37-131-3. Contracts for attendance of pupils and grades.

The president or executive head of any institution of higher learning which has established a demonstration or practice school, subject to the approval of the board of trustees of state institutions of higher learning, shall have the power and authority to enter into contracts and agreements with the board of trustees of any school district providing for the attendance of pupils, or one or more, or parts of, grades, from the educable children of such school district at such demonstration or practice school. The board of trustees of any school district is hereby authorized and empowered to enter into contracts and agreements with the president or executive head of an institution of higher learning for such purpose. All such contracts shall be upon such terms and conditions as may be agreed upon by and between the president or executive head of the institution of higher learning and the board of trustees of the school district involved.

HISTORY: Codes, 1942, § 6737-02; Laws, 1954, ch. 270, § 2, eff from and after July 1, 1954.

§ 37-131-5. Allotment of transportation fund.

When any educable children of any school district are attending a demonstration or practice school under a contract, as authorized by Section 37-131-3, who would otherwise be entitled to transportation at public expense under any applicable statute, such children shall remain entitled to such transportation and shall be reported for the allotment of transportation funds by the county or municipal separate school district in which they reside and, when so reported, transportation funds shall be allotted to the county or municipal separate school district therefor just as though such pupil were attending a regular school of the county or municipal separate school district, and transportation therefor shall be furnished by the county board of education or board of trustees of the municipal separate school district, as the case may be, as is otherwise provided by law.

HISTORY: Codes, 1942, § 6737-03; Laws, 1954, ch. 270, § 3, eff from and after July 1, 1954.

Cross References —

Transportation of pupils generally, see §§37-41-1 et seq.

§ 37-131-7. Allocation of minimum education program and state public school building funds.

When any pupils shall attend any demonstration or practice school under the provisions of Section 37-131-3, such children shall be reported and accounted for the allocation of minimum education program funds and state public school building funds just as though such children were attending the regular schools of the district in which they reside. For this purpose, reports shall be made to the school district involved by the demonstration or practice school of the number of pupils in average daily attendance, and the average daily attendance of such children shall thereupon be included in reports made to the state board of education and the state educational finance commission by the county or school district under the provisions of Chapters 19 and 47 of this title.

Allocation of minimum education program funds shall be made by the state board of education for such children just as though such children were attending the regular schools of the district. All minimum education program funds, except funds allocated for transportation costs, which accrue to any district as a result of such children who are in attendance at a demonstration or practice school shall be paid by the board of trustees of the municipal separate school district or by the county board of education to the demonstration or practice school, and shall be used to defray the cost and expense of maintaining, operating and conducting such demonstration or practice school.

All state public school building funds which accrue as a result of such children in attendance at a demonstration or practice school shall be credited directly to such demonstration or practice school, and all of the provisions of Chapter 47 of this title shall be fully applicable thereto.

HISTORY: Codes, 1942, § 6737-04; Laws, 1954, ch. 270, § 4, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-1 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education. Section 37-45-3 further provides that all references in laws, of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

Cross References —

State aid for construction of school facilities, see §§37-47-1 et seq.

§ 37-131-9. Payment of additional funds; fees and tuition.

In addition to the amounts paid to the demonstration or practice school from minimum education program funds, as provided in Section 37-131-7, the board of trustees of the school district involved may contract with the said demonstration or practice school for the payment of additional amounts thereto to defray expenses over and above those defrayed by minimum education program funds, which additional amounts shall be paid from any funds available to the school district other than minimum education program funds, whether produced by a supplemental district tax levy or otherwise.

If the total funds paid to the demonstration or practice school by the school district are inadequate to defray the cost and expense of maintaining and operating such demonstration or practice school then the president or executive head of the institution may, subject to the approval of the board of trustees of state institutions of higher learning, require the payment of additional fees or tuition in an amount to be fixed by the president or executive head of the institution, subject to the approval of the board of trustees of state institutions of higher learning, which amount shall be paid by and collected from the student or his parents.

Boards of trustees of school districts involved may designate an area within the jurisdiction of the board as an attendance center as provided by law, and may require students in such area to attend demonstration or practice schools, subject to a satisfactory contract between the school board and the president or executive head of the institution operating the demonstration or practice school. In such event, all fees and tuition must be borne by the school district and in no case shall the child or the parents of the child assigned to such demonstration or practice school be required to pay any fees or tuition.

The president or executive head of the institution, subject to the approval of the board of trustees of state institutions of higher learning, may also fix the amount of fees and tuition to be paid by students desiring to attend such demonstration or practice school in cases where there is no contract with the board of trustees of the school district in which the students reside therefor.

All funds received by an institution, under the provisions of this section, shall be deposited in a special fund and shall be used and expended solely for the purpose of defraying and paying the cost and expense of operating, maintaining and conducting such teachers demonstration and practice school. Such funds may be supplemented by and used in connection with any other funds available to the institutions for such purpose whether made available by legislative appropriation or otherwise.

HISTORY: Codes, 1942, § 6737-06; Laws, 1954, ch. 270, § 6; Laws, 1958, ch. 315.

§ 37-131-11. Reports.

All demonstration or practice schools established under the provisions of Section 37-131-1 shall, as far as may be practicable, be subject to and governed by the same laws as other public schools of the State of Mississippi, and shall make all reports required by law to be made by public schools to the state board of education or the state educational finance commission at the same time and in the same manner as such reports are made by other public schools. However, for the purpose of the allocation of minimum education program funds, the reports of children in average daily attendance shall be made to the school district involved by said demonstration or practice school, and a copy thereof shall be filed with the state board of education. The school district shall use said reports so filed with it in making its reports to the state board of education for the purpose of the allocation of minimum education program funds but the average daily attendance of the pupils attending such demonstration or practice school shall be segregated and separated in such reports from the average daily attendance in the regular schools of the district.

HISTORY: Codes, 1942, § 6737-05; Laws, 1954, ch. 270, § 5, eff from and after July 1, 1954.

Editor’s Notes —

Section 37-45-1 provides that the State Educational Finance Commission shall be abolished and functions and duties transferred to the State Board of Education. Section 37-45-3 further provides that all references in laws, of the state to “State Educational Finance Commission” or “commission”, when referring to the Educational Finance Commission, shall be construed to mean the State Board of Education.

§ 37-131-13. Acceptance of gifts.

In order to carry into effect the right and authority granted in Sections 37-131-1 through 37-131-11, authorizing demonstration and practice schools in connection with major state institutions of higher learning, the board of trustees of state institutions of higher learning is hereby authorized to accept by donations, grants, cooperative agreements or otherwise, such sums of money as may be deemed necessary for the construction and maintenance of such demonstration and practice schools from whatever sources available, including agencies of the federal, state and county governments, the city of Starkville, Mississippi, private individuals, benevolent institutions or organizations, or any other available and legal source or sources.

HISTORY: Codes, 1942, § 6743; Laws, 1942, ch. 169.

§ 37-131-15. Demonstration or practice school in Oktibbeha County.

Oktibbeha County, Mississippi, the Starkville municipal separate school district, and any one or more of the consolidated or separate school districts in Oktibbeha County, Mississippi, are hereby authorized to cooperate with the board of trustees of state institutions of higher learning by establishing, constructing, maintaining and operating a teachers demonstration or practice school.

The board of trustees of state institutions of higher learning is hereby authorized to act as sponsor with respect to any funds that may be secured for the construction, maintenance, and operation of such teachers demonstration or practice school from any agency or subdivision of the federal, state, Oktibbeha County, City of Starkville, or school district, or from private individuals, benevolent institutions or organizations, or any other available and legal source or sources.

HISTORY: Codes, 1942, § 6743; Laws, 1942, ch. 169.

Chapter 132. Student Teachers

§ 37-132-1. Definitions.

As used in this chapter, “student teacher” or “intern” shall mean a student enrolled in an institution of higher learning approved by the state board of education for teacher training and who is jointly assigned by such institution of higher learning and a board of education to student-teach or intern under the direction of a regularly employed certificated teacher, principal, or other administrator. Whenever in this chapter “board of education” is referred to and the school that a student teacher or intern is assigned to does not have a board of education, such term shall refer to the person or governing body that administers such school.

HISTORY: Laws, 1973, ch. 343, § 1(a), eff from and after passage (approved March 22, 1973).

Cross References —

Beginning teacher support program, see §§37-9-201 et seq.

§ 37-132-3. Responsibility of cooperating teacher.

It shall be the responsibility of a cooperating teacher, in conjunction with the principal or other administrator and the representative of the teacher preparation institution, to assign to the student teacher or intern responsibilities and duties that will provide adequate preparation for teaching. Student teaching may include duties granted to a certificated teacher under the rules and regulations of such board of education and any other part of the school program for which either the cooperating teacher or the principal is responsible.

HISTORY: Laws, 1973, ch. 343, § 1(b), eff from and after passage (approved March 22, 1973).

Cross References —

Beginning teacher support program, see §§37-9-201 et seq.

§ 37-132-5. Powers and duties of student teacher.

A student teacher or intern under the supervision of a certificated teacher, principal, or other administrator shall have the protection of the laws accorded the certificated teacher, principal, or other administrator, and shall, while acting as such student teacher or intern, comply with all rules and regulations of the local board of education and observe all duties assigned certificated teachers.

HISTORY: Laws, 1973, ch. 343, § 1(c), eff from and after passage (approved March 22, 1973).

Cross References —

Beginning teacher support program, see §§37-9-201 et seq.

Chapter 133. Technical Institutes

§ 37-133-1. Short title.

This chapter may be cited as the “Mississippi Technical Institute Law of 1964.”

HISTORY: Codes, 1942, § 6726-21; Laws, 1964, ch. 415, § 1, eff from and after passage (approved June 11, 1964).

§ 37-133-3. Declaration of public policy.

It is hereby declared that the state public welfare demands and the state public policy requires:

That some program be immediately initiated to rectify the presently existing critical condition of lack of a resident labor force within the State of Mississippi capable of holding positions requiring particular skills in the technical, scientific and engineering fields demanded by heavy and aero-space industry and installations;

That the present and prospective health, safety, morals, pursuit of happiness, right of gainful employment, and general welfare of the citizens of the State of Mississippi demand, as a public purpose, the immediate correction of the deficient and incomplete training programs and facilities by the state institutions of higher learning to quickly increase and thereafter maintain an adequate source of skilled engineering technicians demanded by heavy and aero-space industry and installations;

That the means and measures authorized in the Mississippi Technical Institute Law of 1964 to promote engineering, commercial, industrial, agricultural, manufacturing and aero-space enterprises and installations, are, as a matter of public policy, for the public purposes of increasing the gainful employment, business activity, and for the proper development of the State of Mississippi; and

That the accomplishment of the things herein authorized will stimulate and provide ready and attractive employment for skilled engineering technician residents of the State of Mississippi through the proper increase of the skilled engineering technician labor force available, which will further develop the engineering, agricultural, commercial, industrial and other resources of the State of Mississippi for the general welfare.

HISTORY: Codes, 1942, § 6726-22; Laws, 1964, ch. 415, § 2, eff from and after passage (approved June 11, 1964).

§ 37-133-5. Establishment of technical institutes.

In addition to all other powers and duties now vested by law in the board of trustees of state institutions of higher learning of the State of Mississippi, said board is hereby empowered and required to permit the establishment of technical institutes, as branches within the framework of the existing state institutions of higher learning, that have an ongoing program in the areas concerned, adequately staffed and equipped to offer a curriculum designed and intended to immediately initiate training (extending beyond the junior college level) in the field of vocational, scientific, engineering, technical, and aero-space education and the necessary supporting studies, so that the demands of heavy and aero-space industry and installations for skilled engineering technicians may be satisfied and maintained. The board shall require the curriculum of any technical institute established under the provisions of the Mississippi Technical Institute Law of 1964 to be complementary and supplementary to public junior college curriculums so that the full advantage of the educational resources of the State of Mississippi may be realized. The board shall permit the establishment of such technical institutes anywhere within the State of Mississippi, in the areas of most urgent need, on any land or facility presently, or hereafter, under the jurisdiction and control of the board and on such terms and conditions as shall seem appropriate. The state building commission shall, at its discretion, provide new buildings, facilities, and necessary repairs, renovations and remodeling of any facility designated by the board as a technical institute from funds made available for such purposes.

HISTORY: Codes, 1942, § 6726-23; Laws, 1964, ch. 415, § 3, eff from and after passage (approved June 11, 1964).

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services.

Cross References —

Eye protective devices required during participation in certain vocational, industrial arts, and chemical-physical courses of instruction, see §37-11-49.

Universities research institutes generally, see §§57-55-1 et seq.

Mississippi Law Research Institute, see §57-55-5.

Water resources research institute, see §57-55-7.

Mississippi Mineral Resources Institute, see §57-55-9.

Small business development center, see §57-55-11.

Mississippi Polymer Institute, see §57-55-13.

Mississippi Energy Research Center, see §57-55-15.

Mississippi Urban Research Center, see §57-55-17.

§ 37-133-7. Technical institute fund created; gifts.

There is hereby created in the state treasury a special fund to be known as the “technical institute fund.” All sums of money received by the board of trustees of state institutions of higher learning to carry out the provisions of the Mississippi Technical Institute Law of 1964 shall be maintained in said special fund. All expenditures therefrom shall be for the purposes of carrying out the intents and purposes of said law, including the payment of salaries for qualified instructors as well as the equipping and staffing of the institute. Such expenditures shall be paid therefrom by the state treasurer on warrant of the auditor of public accounts. Said auditor shall issue his warrant upon requisition signed by the proper person, officer or officers, as authorized by law. The board is authorized to accept gifts, bequests of money, or other property, real or personal, to be used for the purpose of establishing or maintaining any technical institute which may be authorized under the provisions of said law and in accordance with the law of the State of Mississippi.

HISTORY: Codes, 1942, § 6726-23; Laws, 1964, ch. 415, § 3, eff from and after passage (approved June 11, 1964).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Universities Research Institutes, see §§57-55-1 et seq.

§ 37-133-9. Fiscal reports; compliance with budget and accounting laws.

It shall be the duty of the board of trustees of state institutions of higher learning to make periodic fiscal reports to the state fiscal management board and the legislative budget office, and to otherwise comply with the budget and accounting laws of the state of Mississippi.

HISTORY: Codes, 1942, § 6726-23; Laws, 1964, ch. 415, § 3; Laws, 1984, ch. 488, § 204, eff from and after July 1, 1984.

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Cross References —

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

Chapter 135. Compacts with Other States

In General

§ 37-135-1. Compact for the operation of regional educational institutions in the southern states.

The following compact of the southern states for the purpose of operating regional educational institutions in the southern states be, and the same is, hereby ratified and approved:

Whereas, the states who are parties hereto have during the past several years conducted careful investigation looking toward the establishment and maintenance of jointly owned and operated regional educational institutions in the southern states in the professional, technological, scientific, literary and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region, and

Whereas, Meharry Medical College of Nashville, Tennessee, has proposed that its lands, buildings, equipment, and the net income from its endowment be turned over to the southern states, or to an agency acting in their behalf, to be operated as a regional institution for medical, dental and nursing education upon terms and conditions to be hereafter agreed upon between the southern states and Meharry Medical College, which proposal, because of the present financial condition of the institution, has been approved by the said states who are parties, hereto, and

Whereas, the said states desire to enter into a compact with each other providing for the planning and establishment of regional educational facilities;

Now therefore, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as “states”), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area for regional education supported by public funds derived from taxation by the constituent states for the establishment, acquisition, operation and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact.

The states do further hereby establish and create a joint agency which shall be known as the Board of Control for Southern Regional Education (hereinafter referred to as the “board”), the members of which board shall consist of the governor of each state, ex officio, and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be selected from the field of education, and at least one (1) of whom shall be a member of the legislature of that state. In making his appointments, the governor shall appoint persons as broadly representative as possible of the variety of higher education at institutions in the state. The governor shall continue as a member of the board during his tenure of office as governor of the state but the members of the board appointed by the governor shall hold office for a period of four (4) years, except that in the original appointment one (1) board member so appointed by the governor shall be designated at the time of his appointment to serve an initial term of three (3) years, but thereafter his successor shall serve the full term of four (4) years. Vacancies on the board caused by death, resignation, refusal or inability to serve, shall be filled by appointment by the governor for the unexpired portion of the term. The officers of the board shall be a chairman, a vice chairman, a secretary, a treasurer and such additional officers as may be created by the board from time to time.

It shall be the duty of the board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary or otherwise, as they may deem and determine to be proper, necessary or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in said board as the agency of and for the use and benefit of the said states and the citizens thereof, and all such educational institutions shall be operated, maintained and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment and operation of such educational institutions.

In addition to the power and authority heretofore granted, the board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the board, to provide adequate services and facilities for the graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region.

The board shall have such additional and general power and authority as may be vested in it by the states from time to time by legislative enactments of the said states.

Any two (2) or more states who are parties of this compact shall have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the board representing such states, provided such agreement is submitted to and approved by the board prior to the establishment of such institutions.

Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to said board such funds as may be required for the establishment, acquisition, operation and maintenance of such regional educational institutions as may be authorized by the states under the terms of this compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of census of the United States of America or upon such other basis as may be agreed upon.

This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within said eighteen (18) months period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall forthwith name the members of the board from their states as hereinabove set out, and the board shall then meet on call of the governor of any state approving this compact, at which time the board shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time.

After becoming effective this compact shall thereafter continue without limitation of time, provided, however, that it may be terminated at any time by unanimous action of the states and provided, further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this compact.

If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the board and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default this compact may be terminated with respect to such defaulting state by an affirmative vote of three-fourths (3/4) of the members of the board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder.

In witness whereof this compact has been approved and signed by the governors of the several states, subject to the approval of their respective legislatures in the manner hereinabove set out, as of the_______________day of_______________ , 1948.

State of Florida,State of Tennessee, By By GovernorGovernor State of Maryland,Commonwealth of Virginia, By By GovernorGovernor State of Georgia,State of Arkansas, By By GovernorGovernor State of Louisiana,State of North Carolina, By By GovernorGovernor State of Alabama,State of South Carolina, By By GovernorGovernor State of Mississippi,State of Texas, By By GovernorGovernor Commonwealth of Kentucky,State of Oklahoma, By By GovernorGovernor

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State of West Virginia,

By_______________

Governor

HISTORY: Codes, 1942, § 6800.5; Laws, 1948, ch. 284; Laws, 1950, ch. 383, §§ 1-10; Laws, 2005, ch. 428, § 1; Laws, 2005, ch. 510, § 1; brought forward without change, Laws, 2016, ch. 390, § 2, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Section 1 of ch. 428 Laws of 2005, effective July 1, 2005 (approved March 21, 2005), amended this section. Section 1 of ch. 510, Laws of 2005, effective July 1, 2005 (approved April 20, 2005), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 510, Laws of 2005, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the one with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 2005 amendment (ch. 428), in (a), inserted “at a minimum” following “each state ex-officio” in the first sentence, and added the last sentence.

The second 2005 amendment (ch. 510), in (a), substituted “four (4) additional citizens of each state” for “two additional citizens of each state” and added “and at least one (1) of whom shall be a member of the legislature of that state” at the end of the first sentence, inserted the second sentence, and substituted “four (4) years” for “five years” twice in the third sentence.

The 2016 amendment brought the section forward without change.

Cross References —

Governor of Mississippi generally, see §§7-1-1 et seq.

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Comparable Laws from other States —

Alabama Code, §§16-3-32 through16-3-35,16-23A-1 et seq.,16-44-1 et seq.

Arkansas Code Annotated, §§6-4-101 through6-4-107,6-4-201 through6-4-203.

Florida Annotated Statutes, §§ 1000.31 through 1000.34.

Georgia Code Annotated, §§20-6-1,20-6-20 through20-6-24.

Kentucky Revised Statutes Annotated, § 164.530.

Louisiana Revised Statutes Annotated, §§ 17:1901, 17:1911 et seq.

Maryland Education Code Annotated, §§ 25-201 through 25-205.

North Carolina General Statutes, § 115C-104.

Oklahoma Statutes Annotated, 70 Okl. St. § 506.1.

South Carolina Code Annotated, §59-11-10.

Tennessee Code Annotated, §§49-12-101,49-12-201,49-12-203.

Texas Education Code, §§ 160.01 et seq., 161.01 et seq.

Virginia Code Annotated, §§ 22.1-358, 22.1-359.

West Virginia, §§18-10C-1 through18-10C-3.

§ 37-135-3. Approval of Delaware and West Virginia for admission into compact.

The States of Delaware and West Virginia are hereby approved by the State of Mississippi for admission into the southern regional education compact to which the State of Mississippi became a party with the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia on April 13, 1948, under the provisions of Section 37-135-1, said section being Chapter 284, Laws of Mississippi of 1948, as amended and further amplified by Chapter 383, Laws of Mississippi of 1950, approved April 18, 1950. The admission of the States of Delaware and West Virginia to the southern regional education compact shall become effective upon the approval of their respective legislatures and their respective governors and upon the approval of their admission by the other states who are parties to the compact.

HISTORY: Codes, 1942, § 6800.6; Laws, 1955, Ex Sess, ch. 63.

Compact for Education

§ 37-135-11. Compact for education.

COMPACT FOR EDUCATION

The Compact for Education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:

ARTICLE IPURPOSE AND POLICY

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

3. Provide a clearinghouse of information on matters relating to education problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local education systems so that all of them will be able to meet adequate and desirable goals in a society that requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of education systems and institutions in a manner that will accord with the needs and advantages of diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own education systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.

ARTICLE IISTATE DEFINED

As used in this compact, “state” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

ARTICLE IIITHE COMMISSION

A. The Education Commission of the States, hereinafter called “the commission,” is hereby established. The commission shall consist of seven (7) members representing each party state. One (1) of such members shall be the Governor of Mississippi; One (1) shall be the Commissioner of Higher Education for the State of Mississippi, or his designee; one (1) shall be the State Superintendent of Public Education, or his designee; and four (4) shall be members of the Mississippi State Legislature, consisting of the Chairman of the Education Committee of the Senate, and the Chairman of the Education Committee of the House of Representatives, the Chairman of the Universities and Colleges Committee of the Senate and the Chairman of the Universities and Colleges Committee of the House of Representatives. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one (1) shall be the head of a state agency or institution, designated by the Governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten (10) nonvoting commissioners selected by the steering committee for terms of one (1) year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the commission shall be entitled to one (1) vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III(J).

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members, a chairman, who shall be a governor; a vice chairman; and a treasurer. The commission shall provide for the appointment of an executive director. The executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States or any subdivision or agency of the aforementioned governments, or from any agency of two (2) or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any other governmental agency, or from any person, firm, association, foundation or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

ARTICLE IVPOWERS In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

A. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

B. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration and instructional methods and standards employed or suitable for employment in public education systems.

C. Develop proposals for adequate financing of education as a whole and at each of its many levels.

D. Conduct or participate in research of the types referred to in this Article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, using fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

E. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.

F. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

ARTICLE VCOOPERATION WITH FEDERAL GOVERNMENT

A. If the laws of the United States specifically so provide, or if administrative provision is made therefore within the federal government, the United States may be represented on the commission by no more than ten (10) representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common education policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

ARTICLE VICOMMITTEES

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two (32) members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth (1/4) of the voting membership of the steering committee shall consist of governors, one-fourth (1/4) shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two (2) years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen (16) for one (1) year and sixteen (16) for two (2) years. The chairman, vice chairman and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two (2) terms as a member of the steering committee, provided that service for a partial term of one (1) year or less shall not be counted toward the two-term limitation.

B. The commission may establish advisory and technical committees composed of state, local and federal officials, and private persons to advise it with respect to any one (1) or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two (2) or more of the party states.

C. The commission may establish such additional committees as its bylaws may provide.

ARTICLE VIIFINANCE

A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per-capita income levels of the party states.

C. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations, in whole or in part, with funds available to it pursuant to Article III(G) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met, in whole or in part, in such manner. Except where the commission makes funds available to it pursuant to Article III(G) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIIIELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL

A. This compact shall have as eligible parties all states, territories and possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term “governor,” as used in this compact, shall mean the closest equivalent official of such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this compact, and it shall become binding thereon when it has adopted the same, provided that in order to enter into initial effect, adoption by at least ten (10) eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.

D. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IXAMENDMENTS TO THE COMPACT

This compact may be amended by a vote of two-thirds (2/3) of the members of the commission present and voting when ratified by the legislatures of two-thirds (2/3) of the party states.

ARTICLE XCONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

HISTORY: Laws, 2015, ch. 343, § 1, eff from and after July 1, 2015.

Editor’s Notes —

A former §37-135-11 (Laws, 1979, ch. 394, § 1; Laws, 1986, ch. 382; Laws, 1990, ch. 397, § 1; Laws, 1992, ch. 396 § 4, effective from and after passage (approved April 27, 1992); Repealed by Laws, 2013, ch. 417, § 1, eff from and after passage (approved March 20, 2013)) also enacted the Compact for Education, which was nearly identical to the Compact for Education enacted by Section 1 of Chapter 343, Laws of 2015.

Comparable Laws from other States —

Alabama: Code of Ala. §§16-44-1 —16-44-3.

Alaska: Alaska Stat. §§ 14.44.050 — 14.44.060.

Arizona: A.R.S. § 15-1901.

California: Cal Ed Code §§ 12510 - 12515.5.

Colorado: C.R.S. 24-60-1201 - 24-60-1204.

Connecticut: Conn. Stat. Ann. §§ 10-374 — 10-376.

Delaware: 14 Del. C. § 8201.

District of Columbia: D.C. Code §§ 38-3001 — 38-3004.

Florida: Fla. Stat. § 1000.34.

Georgia: O.C.G.A. §§20-6-20 —20-6-24.

Hawaii: HRS §§ 311-1 — 311-6.

Idaho: Idaho Code § 33-4101.

Illinois: 45 ILCS 90/0.01 — 90/4.

Indiana: Burns Ind. Code Ann. §§20-38-2-1 —20-38-2-5.

Iowa: Iowa Code § 272B.1 - 272B.3

Kansas: K.S.A. § 72-6011 — 72-6014.

Kentucky: KRS §§ 156.710 - 156.720.

Louisiana: La. R. S. §§ 17:1911 — 17:1913.

Maryland: Md. Education Code Ann. §§ 25-101 — 25-104.

Massachusetts: ALM Spec. L. Ch. S99, §§ 1 — 3.

Michigan: MCLS §§ 388.1301 — 388.1304.

Minnesota: Minn. Stat. §§ 127A.80, 127A.81.

Missouri: §§ 173.300 - 173.330 R.S.Mo.

Montana: Mont. Code Anno. §§20-2-501 —20-2-505.

Nebraska: R.R.S. Neb. §§ 79-1501 — 79-1504.

Nevada: Nev. Rev. Stat. Ann. § 399.015.

New Hampshire: 15 RSA §§ 200-G:1 — 200-G:3.

New Jersey: N.J. Stat. §§ 18A:75-1 — 18A:75-12, 18A:76-1 — 18A:76-4.

New Mexico: N.M. Stat. Ann. §§11-8-1 —11-8-11.

New York: NY CLS Educ § 107.

North Carolina: N.C. Gen. Stat. § 115C-104.

North Dakota: N.D. Cent. Code, §§ 15.1-04-01, 15.1-04-02.

Ohio: ORC Ann. 3301.48 - 3301.51 (Anderson).

Oklahoma: 70 Okl. St. §§ 506.1, 506.3.

Pennsylvania: 24 P.S. § 5401 - 5403.

South Carolina: S.C. Code Ann. §§59-11-10 —59-11-30.

Tennessee: Tenn. Code Ann. §§49-12-201,49-12-203.

Texas: Tex. Educ. Code §§ 161.01 — 161.04.

Virgin Islands: 17 V.I.C. §§ 551 — 559.

Virginia: Va. Code Ann. §§ 22.1-336 - 22.1-338.

West Virginia: W. Va. Code §§18-10D-1 —18-10D-7.

Wisconsin: Wis. Stat. § 39.75.

Wyoming: Wyo. Stat. §§21-16-301,21-16-302.

§ 37-135-13. Filing of copies of bylaws and amendments.

Pursuant to Article III(I) of the compact, the commission shall file a copy of its bylaws and any amendments thereto with the Secretary of State of Mississippi.

HISTORY: Laws, 2015, ch. 343, § 2, eff from and after July 1, 2015.

Editor’s Notes —

A former §37-135-13 (Laws, 1979, ch. 394, § 3, effective from and after July 1, 1979) also provided for the filing of copies of bylaws and amendments. Section37-135-13 was repealed by Laws of 2013, ch. 417, § 1, effective from and after passage (approved March 20, 2013).

§ 37-135-15. Creation of Mississippi Education Council.

There is hereby established the Mississippi Education Council composed of the members of the Education Commission of the States representing the State of Mississippi, and eight (8) other persons appointed by the Governor for terms of three (3) years. Such other persons shall be selected so as to be broadly representative of professional and lay interest within this State having the responsibilities for, knowledge with respect to, and interest in educational matters. The chairman shall be designated by the Governor from among its members. The council shall meet on the call of its chairman or at the request of a majority of its members, but in any event the council shall meet not less than three (3) times in each year. The council may consider any and all matters relating to recommendations of the education commission of the states and the activities of the members in representing this State thereon.

HISTORY: Laws, 2015, ch. 343, § 3, eff from and after July 1, 2015.

Editor’s Notes —

A former §37-135-15 (Laws, 1979, ch. 394, §§ 2, effective from and after July 1, 1979) also created the Mississippi Education Council. Section37-135-15 was repealed by Laws of 2013, ch. 417, § 1, effective from and after passage (approved March 20, 2013).

Interstate Compact on Educational Opportunity for Military Children

§ 37-135-31. Purpose; applicability; educational records and enrollment; placement and attendance; eligibility; graduation; state coordination; Interstate Commission on Educational Opportunity for Military Children powers and duties, organization and operation, rule-making functions, oversight, enforcement and dispute resolution, and financing; member states, effective date and amendment; withdrawal and dissolution; severability and construction; other laws.

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC, Sections 1209 and 1211.

B. “Children of military families” means school-aged children, enrolled in Kindergarten through 12th Grade, in the household of an active duty member.

C. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.

D. “Deployment” means the period one (1) month prior to the service members’ departure from their home station on military orders through six (6) months after return to their home station.

E. “Educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including, but not limited to, records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

F. “Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities.

G. “Interstate Commission on Educational Opportunity for Military Children” means the commission that is created under Article IX of this compact, which is generally referred to as the Interstate Commission.

H. “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through 12th Grade public educational institutions.

I. “Member state” means a state that has enacted this compact.

J. “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory. Such term does not include any facility used primarily for civil works, river and harbor projects, or flood control projects.

K. “Nonmember state” means a state that has not enacted this compact.

L. “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.

M. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission and has the force and effect of statutory law in a member state; and includes the amendment, repeal, or suspension of an existing rule.

N. “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.

O. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory.

P. “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through 12th Grade.

Q. “Transition” means: (i) the formal and physical process of transferring from school to school or (ii) the period of time in which a student moves from one school in the sending state to another school in the receiving state.

R. “Uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.

S. “Veteran” means a person who served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in subsection B, this compact shall apply to the children of:

1. Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC, Sections 1209 and 1211;

2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and

3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this interstate compact shall not apply to the children of:

1. Inactive members of the National Guard and Military Reserves;

2. Members of the uniformed services now retired, except as provided in subsection A;

3. Veterans of the uniformed services, except as provided in subsection A; and

4. Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV

EDUCATIONAL RECORDS AND ENROLLMENT

A. Unofficial or “hand-carried” education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Official education records/transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education records from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

C. Immunizations. Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

D. Kindergarten and First Grade entrance age. Students shall be allowed to continue their enrollment at the grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT AND ATTENDANCE

A. Course placement. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes, but is not limited to, honors, International Baccalaureate, advanced placement, vocational, technical, and career pathway courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).

B. Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to, (i) gifted and talented programs, and (ii) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. Special education services. In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 USC, Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP) and in compliance with the requirements of Section 504 of the Rehabilitation Act, 29 USC, Section 794, and with Title II of the Americans with Disabilities Act, 42 USC, Sections 12131-12165, and the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course/program prerequisites or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

A. Eligibility for enrollment.

1. Special power of attorney, relative to the guardianship of a child of a military family, and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent;

2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent; and

3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families, state and local education agencies shall incorporate the following procedures:

A. Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

B. Exit exams. States shall accept: (i) exit or end-of-course exams required for graduation from the sending state, (ii) national norm-referenced achievement tests, or (iii) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Article VII, subsection C shall apply.

C. Transfers during senior year. Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subsections A and B of this Article.

ARTICLE VIII

STATE COORDINATION

A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: (i) the state superintendent of education, (ii) the superintendent of a school district with a high concentration of military children, (iii) one (1) representative from a military installation, (iv) one (1) representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The Governor of each member state shall appoint or designate a compact commissioner responsible for the administration and management of the state’s participation in the compact and who is empowered to establish statewide policy related to matters governed by this compact.

D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.

ARTICLE IX

INTERSTATE COMMISSION ON EDUCATIONAL

OPPORTUNITY FOR MILITARY CHILDREN

The member states hereby create the Interstate Commission on Educational Opportunity for Military Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

B. Consist of one (1) Interstate Commission voting representative from each member state who shall be that state’s compact commissioner and who is empowered to establish statewide policy related to matters governed by this compact.

1. Each member state represented at a meeting of the Interstate Commission is entitled to one (1) vote;

2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission;

3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from the state for a specified meeting; and

4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

C. Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members.

D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one (1) vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rule-making, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Department of Defense shall serve as an ex officio, nonvoting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

G. Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds (2/3) vote that an open meeting would be likely to:

1. Relate solely to the Interstate Commission’s internal personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by federal and state statute;

3. Disclose trade secrets or commercial or financial information that is privileged or confidential;

4. Involve accusing a person of a crime or formally censuring a person;

5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement purposes; or

7. Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.

H. For a meeting, or portion of a meeting, closed pursuant to the provisions of subsection G, the Interstate Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes, which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.

I. The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall, insofar as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

J. The Interstate Commission shall create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This subsection shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions.

D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

E. To establish and maintain offices, which shall be located within one or more of the member states.

F. To purchase and maintain insurance and bonds.

G. To borrow, accept, hire, or contract for services of personnel.

H. To establish and appoint committees, including, but not limited to, an executive committee as required by Article IX, subsection E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

J. To accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of them.

K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

P. To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting, and exchanging of data.

R. To maintain corporate books and records in accordance with the bylaws.

S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T. To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATECOMMISSION

A. The Interstate Commission shall, by a majority of the members present and voting, within twelve (12) months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee and such other committees as may be necessary;

3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meetings;

5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving all of its debts and obligations; and

7. Providing “start-up” rules for initial administration of the compact.

B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson and a treasurer, each of whom shall have the authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

C. Executive Committee, officers, and personnel.

1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including, but not limited to: (a) managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (b) overseeing an organizational structure within and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (c) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.

2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

D. The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

1. The liability of the Interstate Commission’s executive director and employees or the Interstate Commission representatives, acting within the scope of their employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection D shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII

RULE-MAKING FUNCTIONS OF THE INTERSTATECOMMISSION

A. Rule-making authority. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

B. Rule-making procedure. Rules shall be made pursuant to a rule-making process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.

D. If a majority of the Legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

A. Oversight.

1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law;

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission; and

3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules.

B. Default, technical assistance, suspension, and termination.

If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:

1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default;

2. Provide remedial training and specific technical assistance regarding the default;

3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default;

4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s Legislature, and each of the member states;

5. The state which has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, including obligations the performance of which extends beyond the effective date of suspension or termination;

6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; and

7. The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

C. Dispute resolution.

1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.

2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement.

1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. The Interstate Commission may by majority vote of the members initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices to enforce compliance with the provisions of the compact, its promulgated rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV

MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2008. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The Governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI

WITHDRAWAL AND DISSOLUTION

A. Withdrawal.

1. Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact specifically by repealing the statute which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.

3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

B. Dissolution of compact.

1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one (1) member state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws.

1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

2. All member states’ laws conflicting with this compact are superseded to the extent of the conflict.

B. Binding effect of the compact.

1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits imposed on the Legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

HISTORY: Laws, 2009, ch. 410, §§ 1-18, eff from and after passage (approved Mar. 18, 2009.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation changed “Article VII, Section C shall apply” to “Article VII, subsection C shall apply” in Article VII, subsection B, and changed “This section” to “This subsection” in Article IX, subsection J. The Joint Committee ratified the correction at its July 22, 2010 meeting.

Editor’s Notes —

The reference to “Article VII, Section C” in subsection B should be to “Article VII, subsection C.”

Laws of 2009, ch. 410, § 19, provides:

“SECTION 19. This act shall take effect and be in force when enacted into law by no less than ten (10) of the fifty (50) United States.”

On July 9, 2008, Delaware became the 10th state to enact this compact when the governor signed 76 De. Laws, c. 327, which contained the compact.

The reference to “Section C” in the last sentence of subsection B of Article VII should be to “subsection C.” This section is set out above as enacted by Chapter 410 of Laws of 2009.

Comparable Laws from other States —

Arizona: A.R.S. § 15-1911.

Colorado: C.R.S. 24-60-3401 et seq.

Delaware: 14 De. C. § 160A et seq.

Florida: Fla. Stat. § 1000.36 et seq.

Indiana: Burns Ind. Code Ann. §20-38-3-1 et seq.

Kansas: K.S.A. § 72-60c01.

Kentucky: § 156.730.

Michigan: MCLS §§ 3.1041, 3.1042.

Missouri: § 160.2000 R.S.Mo.

North Carolina: N.C. Gen. Stat. § 115C-407.5 et seq.

Oklahoma: 70 Okl. St. § 510.1.

Texas: Tex. Educ. Code § 162.001 et seq.

Virginia: Va. Code Ann. §§ 22.1-360, 22.1-361.

Chapter 137. School Asbestos Hazard Elimination Act [Repealed]

§§ 37-137-1 through 37-137-33. Repealed.

Repealed by Laws, 1986, ch. 433, § 19, eff from and after June 30, 1996.

[Laws, 1986, ch. 433, §§ 1-17; Laws, 1988, ch. 367 § 1; Laws, 1989, ch. 505 § 16].

Editor’s Notes —

Former §§37-137-1 through37-13-7-33 related to school asbestos hazard elimination. For current provisions, see §§37-138-1 et seq.

Chapter 138. Asbestos Abatement Accreditation and Certification Act

§ 37-138-1. Short title.

This chapter shall be known as and may be cited as the Asbestos Abatement Accreditation and Certification Act.

HISTORY: Laws, 1989, ch. 505, § 1, eff from and after passage (approved April 4, 1989).

Cross References —

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

RESEARCH REFERENCES

Am. Jur.

40 Am. Jur. Trials 317, Cost Recovery Litigation: Abatement of Asbestos Contamination.

§ 37-138-3. Purpose.

The purpose of this chapter is to provide for the accreditation and certification of persons who perform inspections and reinspections, prepare management plans and perform as air monitors, contractors, project designers, supervisors and workers in abatement projects for the purpose of identifying, evaluating and abating the hazard of asbestos-containing material in public and private elementary and secondary school buildings and in all public and commercial buildings in this state. It is the intent of this chapter that the cost of the administration of this chapter shall be borne fully by the certification fees provided for herein.

HISTORY: Laws, 1989, ch. 505, § 2; Laws, 1994, ch. 508, § 1, eff from and after June 30, 1994.

Cross References —

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-5. Definitions.

“Abatement” means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos-containing materials.

“Air monitor” means person who collects airborne samples for analysis of asbestos fibers during an abatement project including baseline, area, personal and clearance samples.

“Asbestos-containing materials” (ACM) means any material or product which contains more than one percent (1%) asbestos.

“Asbestos project” means a project for the abatement of ACM in school buildings, public buildings and commercial buildings except for exclusions adopted by the commission in accordance with Section 37-138-9(a) and except for abatement of asbestos-containing resilient floor tile, sheet vinyl flooring and associated adhesives, provided there is a two-working-day advance notification to the commission of the abatement of asbestos-containing floor tile, sheet vinyl flooring and associated adhesives, unless sanding, grinding, burning or sawing occurs or such abatement is otherwise considered a “response action” or would cause the material to become “friable” as both those terms are defined under 40 C.F.R. Section 763.83.

“Certificate” means a document authorizing a person to perform certain specific activities related to the identification, evaluation or abatement of ACM in school buildings, public buildings and commercial buildings as described in this chapter.

“Commercial building” means any privately owned building in which the public is invited or allowed access and any other privately owned building so located that the conduct of any asbestos abatement activities therein could reasonably expose any person or persons to ACM hazards, except that a commercial building shall not include any residence.

“Commission” means the Mississippi Commission on Environmental Quality.

“Contractor” means a person who enters into a contract for the performance of an asbestos project.

“Director” means the Executive Director of the Mississippi Department of Environmental Quality.

“Inspector” means a person employed to inspect or reinspect for presence of ACM, collect samples of ACM confirmation and provide written assessment of ACM.

“Management plan” is a plan for abatement of ACM.

“Management planner” means a person employed to develop a management plan.

“Model plan” means the Model Accreditation Plan for states promulgated at Section I of Appendix C to Title 40, Part 763, Subpart E of the Code of Federal Regulations.

“Operations and maintenance program” means a program of work practices to maintain ACM in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling ACM disturbance or damage.

“Person” means the state or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.

“Project designer” means a person who specifies engineering methods and work practices to be used during asbestos projects.

“Public building” means any building owned by the state, counties, municipalities, institutions of higher learning, community colleges or any political subdivision.

“School” means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.S. 2854).

“School building” means:

Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.

Any gymnasium or other facility which is specially designed for athletic or recreational activities or for an academic course in physical education.

Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

Any maintenance, storage or utility facility, including any hallway, essential to the operation of any facility described in this definition of “school building” under paragraphs (i), (ii) or (iii).

Any portico or covered exterior hallway or walkway.

Any exterior portion of a mechanical system used to condition interior space.

“Supervisor” means a person designated by a contractor to be responsible for direction of day-to-day activities of an asbestos project.

“Worker” means a person who works on an asbestos project other than a project designer, contractor, supervisor or management planner.

The commission is authorized to adopt by promulgated regulation any or all additional definitions necessary to carry out the intent of this chapter.

HISTORY: Laws, 1989, ch. 505, § 3; Laws, 1990, ch. 517, § 1; Laws, 1990, 1st Ex Sess, ch. 53, § 1; Laws, 1992, ch. 473, § 1; reenacted and amended, Laws, 1993, ch. 390, § 1; Laws, 1994, ch. 508, § 2, eff from and after June 30, 1994.

Editor’s Notes —

Section 198 of the Elementary and Secondary Education Act of 1965,” referred to in this section, is § 198 of Act April 11, 1965, P.L. 89-10, Title I, as added by Act Nov. 1, 1978, P.L. 95-561, Title I, § 101(a), 92 Stat. 2198, which appeared as 20 USCS § 2854 prior to the general revision of Act April 11, 1965 by Act April 28, 1988, P.L. 100-297, 102 Stat. 140. Similar provisions could be found at 20 USCS § 2891 (April 11, 1965, P.L. 89-10, Title I, Ch 1, Part F, Subpart 5, § 1471, as added April 28, 1988, P.L. 100-297, Title I, § 1001, 102 Stat. 200) until that section was omitted in the general revision of Act April 11, 1965, P.L. 89-10, by Act Oct. 20, 1994, P.L. 103-382, Title I, § 101, 108 Stat. 3519, generally effective July 1, 1995, as provided by § 3(a)(1) of such Act, which appears as 20 USCS § 6301 note. The section provided definitions applicable to provisions relating to programs to meet special educational needs of children.

Cross References —

Mississippi Department of Environmental Quality, see §§49-2-1 et seq.

Mississippi Commission on Environmental Quality, see §§49-2-5 through49-2-11.

Powers and duties of executive director of the Mississippi Department of Environmental Quality, see §49-2-13.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-7. Adoption of certification and accreditation plan.

The commission is authorized and directed to adopt regulations for certification of contractors, inspectors, management planners, project designers, air monitors, supervisors and workers. The regulations shall include an accreditation plan which shall be equivalent to paragraphs 1 through 3 of the Model Plan. The accreditation plan shall be no more stringent than the Model Plan, except as provided herein. The regulations and accreditation plan shall include the requirements for all training courses for accreditation of contractors, inspectors, management planners, project designers, air monitors, supervisors and workers. All regulations promulgated by the commission pursuant to this chapter shall not be effective until November 1, 1990. By October 1, 1989, the Board of Trustees of State Institutions of Higher Learning shall designate a university which may offer all training courses set forth in the regulations and accreditation plan and such university may charge reasonable fees to offset costs of the courses offered. The commission shall not approve any training courses offered in Mississippi other than those courses offered at the designated university and those certified abatement worker courses that have received Environmental Protection Agency approval pursuant to Section III of Appendix C to Title 40, Part 763, Subpart E, of the Code of Federal Regulations.

HISTORY: Laws, 1989, ch. 505, § 4; Laws, 1990, ch. 517, § 2; Laws, 1994, ch. 508, § 3, eff from and after June 30, 1994.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

Federal Aspects—

Model Accreditation Plan, see 40 C.F.R. 763.

§ 37-138-9. Powers and duties of commission.

The commission shall administer and enforce this chapter and shall have the following powers and duties under this chapter:

To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under this chapter, including but not limited to rules and regulations concerning the required accreditation training, the issuance and annual renewal of certificates, the assessment of annual fees and the assessment of penalties, reprimands, and the suspension and revocation of certificates, abatement emergencies and the exclusion of minor abatement and/or routine maintenance activities at commercial buildings, industrial facilities, public buildings and school buildings from any requirements of this chapter;

To issue certificates for the positions of management planner, project designer, air monitor, contractor, supervisor, inspector and worker and to renew said certificates annually;

To assess penalties, to issue reprimands and to suspend and revoke certificates;

To assess annual fees for the issuance and annual renewal of certificates;

To approve the accreditation of training courses administered to applicants for issuance and annual renewal of certificates and to develop an examination and grading system for testing applicants, to be administered by the designated university;

Administration and expenditure of funds deposited in and expended by legislative appropriation from the Asbestos Abatement Accreditation and Certification Fund;

Reciprocal arrangements for accreditation and certification of management planners, project designers, air monitors, contractors, supervisors, inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the accreditation and certification requirements of this chapter;

To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source relating to this chapter;

To commission or conduct studies relating to this chapter;

To enter into, and to authorize the executive director to execute with the approval of the commission, contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter; but this authority under this chapter shall not include contracts, grants or cooperative agreements which do not develop data or information usable by the commission in connection with this chapter, or which provide goods, services or facilities to the commission or any of its bureaus, and shall exclude any monies for special interest groups for purposes of lobbying or otherwise promoting their special interests; and

To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.

HISTORY: Laws, 1989, ch. 505, § 5; Laws, 1990, ch. 517, § 3; Laws, 1994, ch. 508, § 4, eff from and after June 30, 1994.

Cross References —

Definitions, see §37-138-5.

Asbestos Accreditation and Certification Fund, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-11. Management planner certificate required.

  1. It is unlawful for an individual who does not possess a valid management planner certificate to develop a management plan.
  2. To qualify for an asbestos management planner certificate, an applicant shall:
      1. Have attained a Bachelor of Science degree in engineering or its equivalent from an accredited university and be licensed by the Mississippi Board of Registration for Professional Engineers and Land Surveyors as a registered professional engineer or, (ii) have attained a Bachelor of Science degree in architecture or its equivalent from an accredited university and be licensed as an architect by the Mississippi Board of Architecture or, (iii) have satisfactorily completed prior to April 1, 1990, an initial management planner training course approved by the United States Environmental Protection Agency and any applicable annual refresher training courses approved by the United States Environmental Protection Agency such that management planner training has been continuously current and is current as of April 1, 1990, for the purpose of satisfying this paragraph (a) only; however, this subparagraph (iii) shall apply only to applicants applying for a certificate prior to November 1, 1991; and
    2. Satisfactorily complete a commission-approved training course for asbestos management planners, except that a management planner training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and
    3. Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying fully with all applicable federal and state laws and regulations.
  3. Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.
  4. Each applicant for a management planner certificate shall, on an annual basis, submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

HISTORY: Laws, 1989, ch. 505, § 6; Laws, 1990, ch. 517, § 4; Laws, 1990, 1st Ex Sess, ch. 53, § 2, eff from and after passage (approved June 30, 1990).

Cross References —

Denial of issuance or renewal of certificate, see §37-138-23.

Assessment and collection of fees for issuance and annual renewal of certificate, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-13. Project designer certificate required.

  1. It is unlawful for any person who does not possess a valid project designer certificate to specify engineering methods and work practices under an asbestos project to another person.
  2. To qualify for a project designer certificate, an applicant shall:
      1. Have attained a Bachelor of science degree in engineering or its equivalent from an accredited university and be licensed by the Mississippi Board of Registration for Professional Engineers and Land Surveyors as a registered professional engineer or, (ii) have attained a Bachelor of Science degree in architecture or its equivalent from an accredited university and be licensed as an architect by the Mississippi Board of Architecture or, (iii) have satisfactorily completed prior to April 1, 1990, either a project designer training course or an asbestos abatement contractor training course and a supervisor’s training course, each approved by the United States Environmental Protection Agency, and any applicable annual refresher training courses approved by the United States Environmental Protection Agency such that applicable training has been continuously current and is current as of April 1, 1990, for the purpose of satisfying this paragraph (a) only; however, this subparagraph (iii) shall apply only to applicants applying for a certificate prior to November 1, 1991;
    2. Satisfactorily complete a commission-approved training course for project designers, except that a project designer training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and
    3. Demonstrate to the satisfaction of the commission that the applicant and applicant’s employees and agents are familiar with and capable of complying with all applicable federal and state laws and regulations.
  3. Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.
  4. Each applicant for a project designer certificate shall, on an annual basis, submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

HISTORY: Laws, 1989, ch. 505, § 7; Laws, 1990, ch. 517, § 5; Laws, 1990, 1st Ex Sess, ch. 53, § 3, eff from and after passage (approved June 30, 1990).

Cross References —

Denial of issuance or renewal of certificate, see §37-138-23.

Assessment and collection of fees for issuance and annual renewal of certificate, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-14. Air monitors; accreditation and certification requirements; application procedure.

  1. After January 1, 1995, it is unlawful for any person who does not possess a valid air monitor certificate to collect air samples for analysis of asbestos fibers during an abatement project.
  2. To qualify for an air monitor certificate, an applicant shall:
    1. Have earned a high school diploma or its equivalent;
    2. Satisfactorily complete a commission-approved training course for supervisors. A supervisor training course approved by the United States Environmental Protection Agency completed satisfactorily shall be sufficient to meet this requirement;
    3. Satisfactorily complete a commission-approved training course for collecting and evaluating air samples; and
    4. Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.
  3. Any certificate issued by the commission pursuant to this section shall be renewed on an annual basis.
  4. Applicants for an air monitor certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of this certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in paragraphs (2)(b) and (2)(c) of this section. The applicant shall pay the applicable annual fee upon submitting his application for the air monitor certificate to the commission.

HISTORY: Laws, 1994, ch. 508, § 5, eff from and after June 30, 1994.

§ 37-138-15. Contractor certificate required.

  1. It is unlawful for any person who does not possess a valid contractor certificate to contract with another person for asbestos abatement.
  2. To qualify for a contractor certificate, an applicant shall:
    1. Have earned a high school diploma or its equivalent;
    2. Satisfactorily complete a commission-approved training course for contractors, except that a contractor training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and
    3. Demonstrate to the satisfaction of the commission that the applicant and the applicant’s employees, subcontractors and agents are familiar with and are capable of complying with all applicable federal and state laws and regulations.
  3. Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.
  4. Applicants for a contractor certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

HISTORY: Laws, 1989, ch. 505, § 8, eff from and after April 1, 1990.

Cross References —

Denial of issuance or renewal of certificate, see §37-138-23.

Assessment and collection of fees for issuance and annual renewal of certificate, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-17. Supervisor certificate required.

  1. It is unlawful for an individual who does not possess a valid supervisor certificate to direct an asbestos project.
  2. To qualify for an asbestos abatement supervisor certificate, an applicant shall:
    1. Have earned a high school diploma or its equivalent;
    2. Satisfactorily complete a commission-approved training course for supervisors, except that a supervisor training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and
    3. Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.
  3. Any certificate issued by the commission pursuant to this section and requirement (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.
  4. Applicants for a supervisor certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of this certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

HISTORY: Laws, 1989, ch. 505, § 9, eff from and after April 1, 1990.

Cross References —

Denial of issuance or renewal of certificate, see §37-138-23.

Assessment and collection of fees for issuance and annual renewal of certificate, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-19. Inspector certificate required.

  1. It is unlawful for an individual who does not possess a valid inspector certificate to work as an asbestos inspector.
  2. To qualify for an inspector certificate, an applicant shall:
    1. Have earned a high school diploma or its equivalent;
    2. Satisfactorily complete a commission-approved training course for inspectors, except that an inspector training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement; and
    3. Demonstrate to the satisfaction of the commission that the applicant is familiar with and capable of complying with all federal and state laws and regulations.
  3. Any certificate issued by the commission pursuant to this section and requirements (b) and (c) of subsection (2) of this section shall be renewed on an annual basis.
  4. Applicants for an inspector certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of the training course(s) specified in subsection (2)(b) above and shall pay the applicable annual fee.

HISTORY: Laws, 1989, ch. 505, § 10, eff from and after April 1, 1990.

Cross References —

Denial of issuance or renewal of certificate, see §37-138-23.

Assessment and collection of fees for issuance and annual renewal of certificate, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-21. Worker certificate required.

  1. It shall be unlawful for an individual who does not possess a valid worker certificate to work as a worker on an asbestos project.
  2. It shall be unlawful for a contractor to employ a person as a worker on an asbestos project who does not possess a valid worker certificate in accordance with this section.
  3. To qualify for a worker certificate an individual shall:
    1. Satisfactorily complete a commission-approved training course for abatement workers, except that a worker training course approved by the United States Environmental Protection Agency satisfactorily completed shall be sufficient to meet this requirement;
    2. Demonstrate to the satisfaction of the commission that the applicant is familiar with and is capable of complying fully with all applicable federal and state laws and regulations; and
    3. Provide written proof satisfactory to the commission, on forms prepared by the commission, of a physical examination by a physician licensed by the State Board of Medical Licensure or by a physician licensed to practice medicine in any other state approving the applicant to work on an asbestos project. Requirement (c) of subsection (3) shall be renewed every three (3) years. A chest X-ray is not required for either the initial or any renewal application.
  4. Any certificate issued by the commission pursuant to this section and requirements (a) and (b) of subsection (3) of this section shall be renewed on an annual basis.
  5. Applicants for a worker certificate shall submit to the commission, on forms prepared by the commission, an application for issuance or renewal of the certificate, whichever is applicable, and a certificate that shows satisfactory completion of training course(s) specified in subsection (3)(a) above and shall pay the applicable annual fee.

HISTORY: Laws, 1989, ch. 505, § 11; Laws, 1990, ch. 517, § 6; Laws, 1991, ch. 313 § 1, eff from and after passage (approved March 15, 1991).

Cross References —

Denial of issuance or renewal of certificate, see §37-138-23.

Assessment and collection of fees for issuance and annual renewal of certificate, see §37-138-25.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-23. Denial of issuance or renewal of certificates.

The commission may deny to issue or renew any certificate required by Sections 37-138-11 through 37-138-21 if (a) there has been a failure to comply with the application procedures established by this chapter and by regulations promulgated by the commission, or (b) if the applicant fails to satisfy the application criteria established by this chapter and by regulations promulgated by the commission, or (c) if the applicant fails to pay the applicable annual certificate fee.

HISTORY: Laws, 1989, ch. 505, § 12, eff from and after passage (approved April 4, 1989).

Cross References —

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-25. Certificate fees and special revenue fund.

  1. The commission is authorized to assess and collect fees for the issuance and annual renewal of certificates for management planner, project designer, air monitor, contractor, supervisor, inspector and worker pursuant to Sections 37-138-11 through 37-138-21 in amounts sufficient to fully administer this chapter. The fees assessed pursuant to this section are conditions precedent to the issuance and renewal of the certificates set forth in Sections 37-138-11 through 37-138-21.
  2. There is hereby established a special revenue fund to be known as the Asbestos Abatement Accreditation and Certification Act Fund (the fund) to be deposited in an approved state depository and expended by appropriation approval by the Legislature for the administration of this chapter as provided by law. The interest obtained from any investment or deposit of monies in the fund shall be deposited by the State Treasurer to such fund. Furthermore, all monies collected as fees for certificates provided by this chapter shall, not later than sixty (60) days next succeeding the month in which collections were made, be paid over to the fund.
  3. If the total of monies deposited into the fund exceeds the appropriation by the Legislature for the administration of this chapter, the monies shall be retained in the depository for the fund to be expended by appropriation approval by the Legislature for the administration of this chapter as provided by law in the next succeeding fiscal year.
  4. The commission shall have authority to promulgate rules and regulations for the administration of and expenditures from the fund.

HISTORY: Laws, 1989, ch. 505, § 13; Laws, 1994, ch. 508, § 6, eff from and after June 30, 1994.

Cross References —

Powers and duties of commission generally, see §37-138-9.

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

§ 37-138-27. Penalties, reprimands, suspensions and revocation of certificates.

  1. Any person found by the commission to have violated any of the provisions of this chapter or any rule or regulation or written order of the commission in pursuance thereof or any certificate issued pursuant to this chapter shall be subject to (a) a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for each violation, such penalty to be assessed and levied by order of the commission after notice and hearing in accordance with subsection (5) below of this section, and (b) a reprimand or a suspension or revocation of any certificate issued to the person pursuant to this chapter, such reprimand, suspension or revocation to be assessed and levied by order of the commission after notice and hearing as provided in subsection (5) below of this section.
  2. In lieu of, or in addition to, the penalty provided for in subsection (1)(a) of this section, the commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of this chapter, rules and regulations enforced pursuant thereto, and orders and certificates issued pursuant to this chapter in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and it shall not be necessary in such cases that the state plead or prove: (a) that irreparable damage would result if the injunction did not issue; (b) that there is no adequate remedy at law; or (c) that a written complaint or commission order has first been issued for the alleged violation.
  3. Any person who knowingly submits false or inaccurate information in support of an application for issuance or renewal of a certificate under this chapter or who willfully fails to comply with the conditions of the certificate issued by the commission or who willfully violates this chapter, or any rule, regulation or written order of the commission or emergency order issued by the director in pursuance thereof shall, upon conviction, be guilty of a misdemeanor and fined not less than One Hundred Dollars ($100.00) within the discretion of the court. Each day in which such violation exists or continues shall constitute a separate offense.
  4. In addition to or in lieu of filing a criminal complaint for such willful misconduct described in subsection (3) of this section, the commission may impose a civil penalty in accordance with subsection (1)(a) of this section, and shall impose a reprimand or a suspension or revocation of any certificate in accordance with subsection (1)(b) of this section.
  5. All proceedings and hearings before the commission regarding violations of this chapter or any rule or regulation, written order of the commission, emergency order of the director or certificate issued or renewed by the commission in pursuance thereof or any certificate issued pursuant to this chapter and all appeals therefrom shall be conducted in accordance with Sections 49-17-31 through 49-17-41, Mississippi Code of 1972.
  6. All fines, penalties and other sums recovered or collected by the commission for and on behalf of the state under this section shall be deposited in the Pollution Emergency Fund established under Section 49-17-68, Mississippi Code of 1972, and the commission is authorized to receive and accept, from any funds and all available sources whatsoever, additional funds to be deposited in such fund and expended for the purpose of remedial, clean-up, or abatement actions involving pollution of the land, air or waters of the state in violation of Sections 49-17-1 through 49-17-43, Mississippi Code of 1972, any rule or regulation or written order of the commission in pursuance thereof, or any condition or limitation of a permit.

HISTORY: Laws, 1989, ch. 505, § 14; Laws, 1990, ch. 517, § 7, eff from and after passage (approved April 2, 1990).

Cross References —

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 37-138-29. Reciprocity; rules and regulations.

The commission may establish requirements for reciprocity for accreditation and certification of management planners, project designers, contractors, supervisors, inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the Model Plan and the accreditation and certification requirements of this chapter. The commission shall have the authority to issue orders and promulgate rules and regulations to carry out this section.

HISTORY: Laws, 1989, ch. 505, § 15, eff from and after passage (approved April 4, 1989).

Cross References —

Procedures for publication, adoption, amendment or repeal of rules and regulations necessary to implement this section, see §49-17-25.

Federal Aspects—

Model Accreditation Plan, see 40 C.F.R. 763, Appendix C to Subpart E.

§ 37-138-31. Repealed.

Repealed by Laws, 1994, ch. 508, § 7, eff from and after June 30, 1994.

[Laws, 1990, ch. 517, § 8].

Editor’s Notes —

Former §37-138-31 was entitled: Repeal of sections37-138-1 through37-138-29.

Chapter 139. Mississippi School for Mathematics and Science

§ 37-139-1. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed herein, except when the context clearly indicates a different meaning:

“Board” means the State Board of Education.

“School” means the Mississippi School for Mathematics and Science.

HISTORY: Laws, 1987, ch. 448, § 1; Laws, 1990, ch. 535, § 11, eff from and after July 1, 1990.

Editor’s Notes —

Section 9, ch. 585, Laws of 1989, provides as follows:

“SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.”

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

§ 37-139-3. Creation of school; purpose; State Board of Education as governing body; duties of Board.

  1. There is hereby created the Mississippi School for Mathematics and Science which shall be a residential school for eleventh and twelfth grade high school students located on the campus of the Mississippi University for Women.
  2. The school shall be governed by the State Board of Education.
  3. The board shall develop a plan relating to the opening, the operation and the funding of the school. Such plan shall be presented to the Legislature during the 1988 Regular Session and shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.
  4. The purpose of the school shall be to educate the gifted and talented students of the state, and its curriculum and admissions policies shall reflect such purpose.
  5. The board shall prepare the annual budget for the school.

HISTORY: Laws, 1987, ch. 448, § 2; Laws, 1990, ch. 535, § 12, eff from and after July 1, 1990.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

Mississippi University for Women, see §§37-117-1 et seq.

§ 37-139-5. Director of school.

The board may hire a director when it so deems one necessary and when sufficient funds have been appropriated. The director shall serve at the board’s will and pleasure. He shall be the chief administrative officer of the school and shall administer the school in accordance with policies established by the board. The director shall be responsible for such administrative duties and functions as the board shall so prescribe. The board shall be authorized, in its discretion, to delegate to the director such of its powers and duties as it deems appropriate.

HISTORY: Laws, 1987, ch. 448, § 3, eff from and after July 1, 1987.

OPINIONS OF THE ATTORNEY GENERAL

Assuming that funds have been appropriated for such purposes, the State Board of Education has authority to contract with one or more of the state institutions of higher learning to carry out various duties and functions relating to the operation of the schools. Chaney, July 30, 2004, A.G. Op. 04-0352.

§ 37-139-7. Assistance of Department of Education and Board of Trustees of State Institutions of Higher Learning; authority of governing body to enter into agreements and contracts.

The board shall be authorized to solicit and utilize the staff of the State Department of Education, staff of the Board of Trustees of State Institutions of Higher Learning and other state agencies as required for the implementation of this chapter. In addition, the board shall be authorized to contract or enter into agreements with other agencies and/or private research centers that it may deem necessary to carry out its duties and functions.

HISTORY: Laws, 1987, ch. 448, § 4, eff from and after July 1, 1987.

Cross References —

State Department of Education generally, see §§37-3-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Assuming that funds have been appropriated for such purposes, the State Board of Education has authority to contract with one or more of the state institutions of higher learning to carry out various duties and functions relating to the operation of the schools. Chaney, July 30, 2004, A.G. Op. 04-0352.

§ 37-139-9. State Board of Education as exclusive governing body; rules and regulations; emphasis of school.

The board shall be the exclusive governing body of the Mississippi School for Mathematics and Science and is hereby authorized and empowered to promulgate rules and regulations required to carry out the provisions of this chapter. The emphasis of this school shall be dedicated to the academic teaching of mathematics and the sciences, but shall not preclude some emphasis being placed on the arts and humanities as deemed appropriate by the board.

HISTORY: Laws, 1987, ch. 448, § 5; Laws, 1990, ch. 595, § 13, eff from and after July 1, 1990.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

§ 37-139-11. Authority to receive contributions.

For the operation and support of the Mississippi School for Mathematics and Science, the board is authorized and empowered to receive contributions, donations, gifts, bequests of money, other forms of financial assistance and/or property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations and other sources, private or public, to be expended and utilized by said board in carrying out the provisions of this chapter.

HISTORY: Laws, 1987, ch. 448, § 6; Laws, 1990, ch. 535, § 14, eff from and after July 1, 1990.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

§ 37-139-13. Authorization and procedures for expenditures.

All expenditures shall be authorized by the board. Such expenditures shall be paid therefrom by the State Treasurer on warrants issued by the State Fiscal Management Board. Said State Fiscal Management Board shall issue its warrant upon requisition signed by the proper person, officer or officers in the manner provided by law.

HISTORY: Laws, 1987, ch. 448, § 7; Laws, 1989, ch. 585, § 3, effective April 25, 1989 (became law without the Governor’s signature).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration.”

Chapter 140. Mississippi School of the Arts

§ 37-140-1. Definitions.

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

“Board” means the State Board of Education.

“School” means the Mississippi School of the Arts.

HISTORY: Laws, 1999, ch. 591, § 1, eff from and after July 1, 1999.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

§ 37-140-3. Creation of school; purpose; initial enrollment.

  1. There is created the Mississippi School of the Arts, which shall be a residential school for eleventh and twelfth grade high school students located on the campus of Whitworth College in Brookhaven, Mississippi. The purpose of the school shall be to provide a more challenging educational experience for artistically talented and gifted students of the state to develop their full potential, including the teaching of humanities, creative writing, literature, theater, music, dance and visual arts, and the school’s curriculum and admissions policies shall reflect that purpose.
  2. The 2001-2002 school year shall be the first year that the school shall admit students for enrollment, which shall be limited to students in the eleventh grade during the school’s first year. Beginning with the 2002-2003 school year, the school shall enroll students in the eleventh and twelfth grades.

HISTORY: Laws, 1999, ch. 591, § 2, eff from and after July 1, 1999.

Cross References —

Trusts to promote the arts, see §§39-9-1 et seq.

Local government funds to support the arts, see §39-15-1.

§ 37-140-5. School to be governed by State Board of Education; development of plan for opening, operation and funding of school; appointment of advisory panel [Effective until July 1, 2019].

  1. The school shall be governed by the State Board of Education. The board shall develop a plan relating to the opening, operation and funding of the school to be presented to the Legislature during the 2000 Regular Session. The plan shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.
  2. The State Superintendent of Public Education shall appoint an advisory panel to assist the board in developing the plan relating to the school. The advisory panel shall consist of the following twelve (12) appointed or designated members:
    1. Three (3) licensed school teachers or administrators, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;
    2. Three (3) citizens or professionals representing the areas of dance, creative writing, literature, music, theater arts or visual arts, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;
    3. Three (3) citizens knowledgeable in business, personnel management or public administration, with at least three years’ actual experience therein, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts.
    4. One (1) member shall be a representative of the Mississippi Arts Commission to be designated by the commission, one (1) member shall be a representative of the Mississippi Humanities Council to be designated by the council, and one (1) member shall be a representative of the state institutions of higher learning in Mississippi which offer degrees in visual, fine and performing arts, to be designated by the Board of Trustees of State Institutions of Higher Learning.

      Appointments to the advisory panel shall be made within ninety (90) days of April 23, 1999. The advisory panel shall meet upon the call of the State Superintendent of Public Education and shall organize for business by selecting a chairman and vice chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for state employees under Section 25-3-41.

  3. The board may utilize the staff of the State Department of Education and other state agencies as may be required for the implementation of this chapter. The department may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding of the school. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.
  4. To the extent possible, the board shall enter into agreements with the Board of Trustees of the Brookhaven Municipal Separate School District for the dual enrollment of students for the purpose of teaching academic courses to students attending the school, and the local school board shall be fully authorized to offer any such courses to students attending the school. The State Board of Education may develop and issue necessary regulations for the coordination of such courses for these students, the preparation and transfer of transcripts, and the reimbursement of any costs incurred by the school district for providing such services.
  5. The board may enter into agreements with public school districts to authorize students enrolled in such school districts to participate in the fine arts programs at the school to the extent that adequate space is available. The parent or guardian of any student participating in fine arts programs at the school under this subsection shall be responsible for transporting the student to and from the school.

HISTORY: Laws, 1999, ch. 591, § 3, eff from and after July 1, 1999.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

State Department of Education generally, see §§37-3-1 et seq.

Mississippi Arts Commission generally, see §§39-11-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Assuming that funds have been appropriated for such purposes, the State Board of Education has authority to contract with one or more of the state institutions of higher learning to carry out various duties and functions relating to the operation of the schools. Chaney, July 30, 2004, A.G. Op. 04-0352.

§ 37-140-5. School to be governed by State Board of Education; development of plan for opening, operation and funding of school; appointment of advisory panel [Effective July 1, 2019].

  1. The school shall be governed by the State Board of Education. The board shall develop a plan relating to the opening, operation and funding of the school to be presented to the Legislature during the 2000 Regular Session. The plan shall include an equitable and reasonable plan for student recruitment without regard to race, creed or color.
  2. The State Superintendent of Public Education shall appoint an advisory panel to assist the board in developing the plan relating to the school. The advisory panel shall consist of the following twelve (12) appointed or designated members:
    1. Three (3) licensed school teachers or administrators, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;
    2. Three (3) citizens or professionals representing the areas of dance, creative writing, literature, music, theater arts or visual arts, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts;
    3. Three (3) citizens knowledgeable in business, personnel management or public administration, with at least three (3) years’ actual experience therein, one (1) to be appointed from each of the three (3) Mississippi Supreme Court Districts.
    4. One (1) member shall be a representative of the Mississippi Arts Commission to be designated by the commission, one (1) member shall be a representative of the Mississippi Humanities Council to be designated by the council, and one (1) member shall be a representative of the state institutions of higher learning in Mississippi which offer degrees in visual, fine and performing arts, to be designated by the Board of Trustees of State Institutions of Higher Learning.

      Appointments to the advisory panel shall be made within ninety (90) days of April 23, 1999. The advisory panel shall meet upon the call of the State Superintendent of Public Education and shall organize for business by selecting a chairman and vice chairman/secretary for keeping records of the panel. Members of the advisory panel shall receive no compensation but may be reimbursed for necessary expenses and mileage for attending meetings and necessary business of the panel, in the amount authorized for state employees under Section 25-3-41.

  3. The board may utilize the staff of the State Department of Education and other state agencies as may be required for the implementation of this chapter. The department may employ any personnel deemed necessary by the board for assisting in the development and implementation of the plan relating to the opening, operation and funding of the school. The board also may contract or enter into agreements with other agencies or private entities which it deems necessary to carry out its duties and functions relating to the opening and operation of the school.
  4. To the extent possible, the board shall enter into agreements with the Board of Trustees of the Brookhaven Municipal Separate School District for the dual enrollment of students for the purpose of teaching academic courses to students attending the school, and the local school board shall be fully authorized to offer any such courses to students attending the school. The State Board of Education may develop and issue necessary regulations for the coordination of such courses for these students, the preparation and transfer of transcripts, and the reimbursement of any costs incurred by the school district for providing such services.
  5. The board may enter into agreements with public school districts to authorize students enrolled in such school districts to participate in the fine arts programs at the school to the extent that adequate space is available. The parent or guardian of any student participating in fine arts programs at the school under this subsection shall be responsible for transporting the student to and from the school.
  6. From and after January 1, 2020, all administrative, instructional and noninstructional employees of the Mississippi School of the Arts shall be transferred from state service and the authority of the State Personnel Board to employment status as employees of the Mississippi School of the Arts. All administrative and instructional employees at the said school shall enter into written contracts of employment to indicate and cover the period for which they are respectively employed. All such contracts for administrative and instructional employees shall be exempt from the requirements of the Public Procurement Review Board for state agency employment contracts. The State Board of Education may set and determine qualifications necessary for such employees and may appoint a subcommittee of the board for the purpose of authorizing the execution of such employment contracts on a timely basis. Such administrators and employees shall be offered contracts by the Superintendent/Executive Director of the MSA and shall have the employment rights prescribed for administrative and certificated school district employees under Sections 37-9-17, 37-9-59, 37-9-103 and 37-7-307, Mississippi Code of 1972. The MSA may renew employment or nonrenew employment with such administrative and instructional employees in accordance with the provisions of said sections relating to school district employment. Noninstructional employees of the MSA shall be full-time employees of the MSA and shall serve at the will and pleasure of the Superintendent of the MSA. All salaries and contracts shall be subject to the approval of the State Board of Education, and the MSA may continue to use the teacher salary scale for its instructional employees which is in effect on January 1, 2019. Any unused leave accumulated at the Mississippi School of the Arts shall be transferred in accordance with the provisions of Section 37-7-307. There shall be no interruption of service with the Public Employees’ Retirement System and the State and School Employees’ Health Insurance Plan for administrative, instructional and noninstructional employees due to an employee’s employment status under this subsection. The MSA shall not be considered a local educational agency for the same purposes and to the same extent that all other school districts in the state are deemed local educational agencies under applicable federal law. The MSA may receive donations or grants from any public or private source, including any federal funding that may be available to the schools within the MSA.

HISTORY: Laws, 1999, ch. 591, § 3, eff from and after July 1, 1999; Laws, 2019, ch. 432, § 1, eff from and after July 1, 2019.

§ 37-140-7. Director of school.

Subject to the availability of funding appropriated therefor, the board may hire a director of the school, who shall serve at the will and pleasure of the board. The director shall be the chief administrative officer of the school and shall administer the school in accordance with the policies established by the board. The director shall be responsible for those administrative duties and functions prescribed by the board, and the board, in its discretion, may delegate to the director such powers and duties as it deems appropriate.

HISTORY: Laws, 1999, ch. 591, § 4, eff from and after July 1, 1999.

OPINIONS OF THE ATTORNEY GENERAL

Assuming that funds have been appropriated for such purposes, the State Board of Education has authority to contract with one or more of the state institutions of higher learning to carry out various duties and functions relating to the operation of the schools. Chaney, July 30, 2004, A.G. Op. 04-0352.

§ 37-140-9. Promulgation of rules and regulations; emphasis of school on performing, visual, and literary arts [Effective until July 1, 2019].

The board shall be the exclusive governing body of the school and shall promulgate rules and regulations required for the administration and operation of the school. The emphasis of the school shall be on the education and training of students in the performing, visual and literary arts and in the humanities, but this emphasis shall not preclude the teaching of those liberal arts and science courses, math and science deemed necessary by the board to provide students with a well-rounded education.

HISTORY: Laws, 1999, ch. 591, § 5, eff from and after July 1, 1999.

§ 37-140-9. Promulgation of rules and regulations; emphasis of school on performing, visual, and literary arts [Effective July 1, 2019].

The board shall be the exclusive governing body of the school and shall promulgate rules and regulations required for the administration and operation of the school, consistent with the provisions of this act. The emphasis of the school shall be on the education and training of students in the performing, visual and literary arts and in the humanities, but this emphasis shall not preclude the teaching of those liberal arts and science courses, math and science deemed necessary by the board to provide students with a well-rounded education.

HISTORY: Laws, 1999, ch. 591, § 5, eff from and after July 1, 1999; Laws, 2019, ch. 432, § 2, eff from and after July 1, 2019.

§ 37-140-11. Preparation of annual budget; authority to receive contributions.

The board shall prepare the annual budget for the school. For the operation and support of the school, the board may receive contributions, donations, gifts, bequests of money, other forms of financial assistance and property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations and other sources, public or private, to be expended and utilized by the board in carrying out this chapter.

HISTORY: Laws, 1999, ch. 591, § 6, eff from and after July 1, 1999.

§ 37-140-13. Expenditures.

All expenditures for the school shall be paid by the State Treasurer on warrants issued by the State Fiscal Officer, and the State Fiscal Officer shall issue his warrants upon requisition signed by the proper person, officer or officers.

HISTORY: Laws, 1999, ch. 591, § 7, eff from and after July 1, 1999.

Editor’s Notes —

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

§ 37-140-15. Authority to contract with professional organizations for instruction and educational services.

  1. The State Board of Education may enter into agreements with the Mississippi Symphony Orchestra for providing classical music educational services to students in Grades Kindergarten through 12 at the Mississippi School of the Arts or at any other public school facility in Mississippi, subject to specific appropriation therefor by the Legislature. Such educational services shall include: (a) music history, music instrument, and music performance instruction in the classroom; (b) symphony concerts for the students, programmed to support and enhance the teaching of history, literature and science; (c) chamber ensemble and chamber orchestra performances where members serve as educators as well as performers; (d) organizing and developing student performing ensembles, where members serve as music instrument instructors, conductors and performers; (e) symphony concerts for students, parents and other residents to enhance the position of the school as center of the local community; and (f) other services to be determined by agreement.
  2. The State Board of Education is encouraged to enter into contractual agreements with professional arts organizations, including the Mississippi Museum of Art, New Stage Theatre and the Mississippi Symphony Orchestra, for providing instruction, concerts, exhibits, performances and other outreach programs at the Mississippi School of the Arts or at any other public school facility in Mississippi.

HISTORY: Laws, 1999, ch. 591, § 8, eff from and after July 1, 1999.

§ 37-140-17. “‘Helen Furlow Scruggs Y Hut” designated.

From and after July 1, 2003, the “Y Hut,” located on the campus of the Mississippi School of the Arts, shall be renamed the “Helen Furlow Scruggs Y Hut.”

HISTORY: Laws, 2003, ch. 365, § 1, eff from and after July 1, 2003.

Chapter 141. The University Research Center Act of 1988

In General

Cross References —

Regional Initiatives Program within University Research Center, see §37-141-51 et seq.

§ 37-141-1. Short title.

This chapter shall be known and may be cited as “The University Research Center Act of 1988.”

HISTORY: Laws, 1988, ch. 518, § 2, eff from and after July 1, 1988.

Cross References —

Constitutional provisions pertaining to institutions of higher learning, see Miss. Const. Art. 8, § 213A.

§ 37-141-3. University Research Center created; powers and duties of Commissioner of Higher Education.

  1. There is hereby created the University Research Center, as an agency of the State of Mississippi, hereinafter referred to as the “center,” which shall have full authority to contract and to be contracted with. The Commissioner of Higher Education shall serve as the Director for the center.
  2. The center shall be under the direction and management of the Board of Trustees of State Institutions of Higher Learning. The Board of Trustees of State Institutions of Higher Learning shall, in its discretion, obtain fidelity bonds and determine who and what should be covered thereby and the amount of such bonds.
  3. The Commissioner of Higher Education, with the approval of the Board of Trustees of State Institutions of Higher Learning, shall appoint and employ such staff and employees as he deems necessary to carry out the objectives and purposes of this chapter and Section 57-63-17 and may establish the organizational structure of the center, which shall include the creation of any divisions necessary to implement the duties assigned to the center. It is specifically provided that the commissioner establish such units within the center as he deems necessary to include but not limited to areas of economic analysis, economic forecasting, long range economic development planning, research, grants, services and university and agency coordination and reporting.
  4. The Commissioner of Higher Education may consolidate the following functions of the central office of the Board of Trustees of State Institutions of Higher Learning and the University Research Center:
    1. Administrative services;
    2. Libraries;
    3. Computer services.

      Consolidation of such services shall not affect the duty otherwise imposed by statute upon the University Research Center to assist state agencies with support services including, but not limited to, printing, data processing and libraries. The commissioner shall establish and maintain a branch library at the Department of Economic Development suitable for the economic development research needs of the department. The branch library shall be available for use by the public and by private development organizations.

  5. The Commissioner of Higher Education shall use savings realized through personnel attrition and other economies created by the reorganization effected in Senate Bill No. 2925, 1988 Regular Session [Laws, 1988, Chapter 518] to establish a special account in the University Research Center out of which funds may be expended to conduct priority research projects by contracting with universities, agencies and individuals.

HISTORY: Laws, 1988, ch. 518, § 3, eff from and after July 1, 1988.

Editor’s Notes —

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” shall mean the “Department of Economic and Community Development”.

Senate Bill No. 2925, which was codified as Chapter 518, Laws, 1988, has been allocated to numerous sections as indicated in Table B, of Volume 22 containing Statutory Tables.

Cross References —

Constitutional provisions pertaining to institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Provisions concerning the Board of Trustees of State Institutions of Higher Learning, see §§37-101-1 et seq.

Commissioner of Higher Education, see §37-101-7.

Regional Initiatives Program created within the University Research Center, see §§37-141-51 et seq.

Special Task Force for Economic Development Planning mission and role, see §57-63-17.

§ 37-141-5. Main office building designated “Paul B. Johnson, Jr. Building”.

The main office building of the University Research Center and the Department of Economic Development in the City of Jackson shall be known and designated as the Paul B. Johnson, Jr. Building. The Board of Trustees of State Institutions of Higher Learning and the Governor’s Office of General Services shall coordinate and cooperate to effect the relocation of the Department of Economic Development to the Paul B. Johnson, Jr. Building and any other related agency relocations necessary to accomplish the requirement of this section if such relocation is feasible. If such relocation of the Department of Economic Development to the Paul B. Johnson, Jr. Building is not feasible because of space limitations, the Governor’s Office of General Services shall coordinate the relocation of such department to some other location and shall, if possible, secure the amount of space necessary to also place the University Research Center in the same location with the department.

The Office of General Services shall provide proper signs to be placed on the building in accordance with this section.

HISTORY: Laws, 1988, ch. 518, § 4, eff from and after July 1, 1988.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” shall mean the “Department of Economic and Community Development”.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-141-6. Authorization to charge state agencies and other entities occupying research and development center for certain services.

The Board of Trustees of State Institutions of Higher Learning shall be authorized to charge state agencies and other entities that occupy portions of the Paul B. Johnson, Jr., Building, the Edsel E. Thrash Universities Center and the ETV Building for utilities, maintenance and security. Entities shall be charged at a rate of One Dollar and Fifty Cents ($1.50) per square foot for services provided by the board.

HISTORY: Laws, 2006, ch. 596, § 4, eff from and after July 1, 2006.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Designation of the Paul B. Johnson, Jr. Building, see §37-141-5.

§ 37-141-7. Functions of center.

It is hereby declared to be the intent of the Legislature that the functions of the center shall include, but not be limited to, the following:

Undertaking selected applied research projects with a permanent research staff, augmented by specialists from universities and colleges, government agencies and private firms, assisted by graduate students.

Relating, when applicable, public service-related research and technical assistance activities at all state universities to the overall statewide economic development plan.

Coordinating economic development related activities among all state universities.

Providing a computer facility for use by all educational institutions and government agencies.

Maintaining current information on research projects in the state; on scientific and research personnel; on research expenditures and sources of funds; on research programs of agencies and institutions outside the state which bear upon Mississippi development; publishing annually a catalogue of this information; and otherwise functioning as a research clearinghouse for the State of Mississippi.

Developing a list of priority research projects that would have significant contribution to advancement of economic development efforts in the state.

Coordinating with universities and other entities in the state to promote completion of the priority economic development related research projects with economic development potential and advising and assisting in the securing of needed research funding.

Contracting with universities and other entities to effect needed priority economic development related research projects.

Providing printing and data processing support to the Department of Economic Development.

Identifying all federal funds that flow into Mississippi for any and all purposes, making comparisons with other states and preparing appropriate analyses to identify sources of federal funds where potential exists for attracting and obtaining larger amounts of federal funds for the state.

Develop a system whereby economic development related research results can be disseminated to public and private entities for the purpose of enhancing economic development efforts, particularly at the local level.

Assisting institutions, organizations and firms in identifying and obtaining research funds and other grants from public and private sources.

Developing an econometric model of Mississippi designed to forecast various sectors of the Mississippi economy.

Supporting and utilizing the Mississippi Automated Resource Information System (MARIS) to accomplish its objectives of gathering, maintaining and disseminating information and providing research assistance.

Performing other duties and responsibilities as assigned by the Commissioner of Higher Education.

Carrying out the provisions of Sections 37-141-51 through 37-141-57.

HISTORY: Laws, 1988, ch. 518, § 5; Laws, 1989, ch. 540, § 4; Laws, 1999, ch. 379, § 5, eff from and after July 1, 1999.

Editor’s Notes —

Section 5, ch. 540, Laws of 1989, provides as follows:

“SECTION 5. All rules and regulations adopted and promulgated pursuant to this act by the State Treasurer shall be submitted to the Executive Director of the Department of Finance and Administration for approval prior to their implementation.”

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” shall mean the “Department of Economic and Community Development”.

Amendment Notes —

The 1999 amendment added (p).

Cross References —

Establishment and purpose of Regional Initiatives Program, see §37-141-51.

Mississippi Automated Resource Information System (MARIS), see §57-13-23.

Cooperation with the Food Technology Laboratory, see §57-19-13.

State Chemical Laboratory, see §57-21-9.

Cooperation with the research institute of pharmaceutical sciences, see §57-23-13.

Energy development fund, see §57-39-39.

Mississippi Urban Research Center, see §57-55-17.

Mississippi Technology Transfer Office, see §57-56-1.

Mississippi Business Investment Act, see §57-61-9.

Statewide Economic Development and Planning Act, see §§57-63-1 et seq.

Required three-year plan for the maintenance, construction, reconstruction and relocation of the state highway system, see §65-1-141.

Consultation with the Public Service Commission concerning the long range needs for expansion of facilities and the generation of electricity, see §77-3-14.

§ 37-141-9. Financing; “University Research Center Fund”.

  1. The center is authorized and empowered to solicit and accept financial support from sources other than the state, including private sources and foundations. All funds received shall be deposited upon receipt thereof into a special fund in the State Treasury to be known and designated as the “University Research Center Fund.” Expenditures from such special fund shall be made in the manner as provided in subsection (3) of Section 37-141-21. Any funds received and deposited from sources other than the state to the special fund may be utilized for research grants to the center or to other Mississippi institutions; for graduate research fellowships; for buildings and equipment; for library facilities; for permanent exhibits; for advanced studies by research personnel of the center or any of the institutions of higher learning; for honoraria for visiting lecturers; and for like purposes.
  2. From and after July 1, 1988, any monies remaining in the special fund in the State Treasury known as the Research and Development Center Fund shall be transferred into the University Research Center Fund created in subsection (1) of this section.

HISTORY: Laws, 1988, ch. 518, § 6, eff from and after July 1, 1988.

§ 37-141-11. Coordinated community and statewide planning; “planning fund”.

The Department of Economic Development is hereby authorized to cooperate with the planning commissions and development boards, or other similar agencies of other states, and with county, municipal and regional planning commissions or other agencies thereof, for the purposes of securing coordinated community and statewide planning within this state. The Department of Economic Development is further authorized to provide services to include, but not be limited to, planning assistance to cities and other political subdivisions within the state and county; joint municipal, county, regional and metropolitan commissions in the solution of their planning problems; and to contract for, receive and expend federal, state and other funds, whether private or public, for such planning activities, and to that end, there is hereby created within the Department of Economic Development a special fund designated as the “planning fund” to be kept separate and apart from all other funds received by the Department of Economic Development and into which all funds received for planning purposes shall be deposited. Planning assistance, as used in this chapter, shall include the preparation of population, land use, traffic, parking and economic base studies, the preparation of proposed subdivision regulations and zoning ordinances, and the development of plans to guide public and private development.

HISTORY: Laws, 1988, ch. 518, § 7, eff from and after July 1, 1988.

Editor’s Notes —

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” shall mean the “Department of Economic and Community Development”.

§ 37-141-13. Board of Trustees of State Institutions of Higher Learning to administrate center; center to advise government; programs and projects.

  1. The Board of Trustees of State Institutions of Higher Learning shall have responsibility for the administration of the center. By so designating the board of trustees as administrator for the center, the Legislature hereby expresses its intent that the center shall have a relationship of close cooperation and coordination with the several universities but that the center shall not be under the control or influence of any single institution. With the approval of the board of trustees, academically eligible center staff may hold appointment to faculties of state universities and university faculty members may be assigned to the center.
  2. The Mississippi Department of Economic Development, being the economic development agency for the state, shall advise on the programs and projects of the center focused upon economic development.
  3. The center may advise the various agencies and departments of state government regarding internal research needs and programs and shall assist in the establishment of such programs where needed. These programs shall be coordinated by the center in order to minimize duplication of effort, to maximize utilization of data and equipment and to standardize procedures for the more efficient pursuit of research.
  4. Communities, counties, special-purpose districts, multicounty area development groupings and other such organizations may call upon the center for informational services. Specific research projects may be undertaken by the center for such organizations on a contract basis.
  5. The center may provide advice and counsel, consistent with its duties and responsibilities, to the private business community. Consultation and information may also be made available to other segments of the private business community. Advice and assistance for the establishment of research programs within business organizations may be provided by the center. Specific research projects may be undertaken by the center for private business on a contract basis. The center may solicit and accept grants and other financial aid or support from private sources.

HISTORY: Laws, 1988, ch. 518, § 8, eff from and after July 1, 1988.

Editor’s Notes —

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” shall mean the “Department of Economic and Community Development”.

Cross References —

Provisions concerning the Board of Trustees of State Institutions of Higher Learning, see §§37-101-1 et seq.

§ 37-141-15. Branch operations.

With the approval of the Board of Trustees of State Institutions of Higher Learning, the center may establish and staff branch operations at various universities within the state.

HISTORY: Laws, 1988, ch. 518, § 9, eff from and after July 1, 1988.

Cross References —

Provisions concerning the Board of Trustees of State Institutions of Higher Learning, see §§37-101-1 et seq.

§ 37-141-17. Annual report.

The center, on behalf of the Board of Trustees of State Institutions of Higher Learning, shall prepare an annual report of economic development activities of those agencies and institutions subject to the Board of Trustees. The report shall describe:

Economic development efforts and accomplishments of the University Research Center, each university, and each institute.

Efforts and accomplishments of the center in coordinating economic development activities among the universities.

Recommendations of the center for coordination and utilization of university resources in economic development, for university-based initiatives in economic development, and for funding related to economic development and plans of the universities.

Assistance rendered to the Department of Economic Development by the center and each university.

Activities and accomplishments of staff assigned to planning and development districts pursuant to Section 37-141-19.

Any other information which the center wishes to present.

The annual report shall be submitted to the Governor and the Joint Legislative Budget Committee not later than July 1 of each year.

HISTORY: Laws, 1988, ch. 518, § 10, eff from and after July 1, 1988.

Editor’s Notes —

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” shall mean the “Department of Economic and Community Development”.

Cross References —

Provisions concerning the Board of Trustees of State Institutions of Higher Learning, see §§37-101-1 et seq.

§ 37-141-19. Appointees at each university responsible for economic development activities.

The Board of Trustees of State Institutions of Higher Learning shall require that the president of each university under its jurisdiction designate, at the level of vice-president, a person responsible for economic development activities at the university. The person so designated shall be the primary contact at each university for the center in carrying out its responsibilities related to coordinating, assisting, monitoring and reporting on economic development activities at the universities.

HISTORY: Laws, 1988, ch. 518, § 11, eff from and after July 1, 1988.

Cross References —

Provisions concerning the Board of Trustees of State Institutions of Higher Learning, see §§37-101-1 et seq.

Contents of the annual report to be prepared by the center, see §37-141-17.

§ 37-141-21. Powers and duties of director of center; expenditures.

  1. The director of the center, subject to the approval of the Board of Trustees of State Institutions of Higher Learning, shall fix the salaries and wages of employees of the center, shall reimburse employees for actual expenses incurred in the performance of their duties, and may approve receipt by employees of additional income payments from grants, fellowships and other sources.
  2. The director of the center, upon approval of the board of trustees, may contract with universities and colleges, with individuals and with public or private research organizations for their services and, under the same approval, may contract for performance by the center of services to governmental subdivisions of the state, to United States government departments and agencies, to area development organizations, to trade associations and other similar groups of public or private nature, and to private business enterprises, and may set fees for such services. Upon approval of the board of trustees, the center may establish intern programs to provide experience that supplements the education of students enrolled in state institutions of higher learning.
  3. Expenditures by and for the center and its branches shall be paid by the State Treasurer out of the funds appropriated to carry out the provisions of this chapter, upon warrant issued by the State Fiscal Management Board; and such board shall issue its warrant upon requisition signed by the director of the center, in the manner provided by law. Full and complete accounting shall be kept and made by the center for all funds received and expended by it. Representatives of the office of the State Auditor annually shall audit the expenditures of funds received by the center from all sources, and the auditor shall make a complete and detailed report of such audit to the Legislature.

HISTORY: Laws, 1988, ch. 518, § 12, eff from and after July 1, 1988.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Provisions concerning the Board of Trustees of State Institutions of Higher Learning, see §§37-101-1 et seq.

The creation of the “University Research Center Fund,” see §37-141-9.

§ 37-141-23. Attorney General as legal counsel.

The Attorney General of the state shall be legal counsel to the University Research Center.

HISTORY: Laws, 1988, ch. 518, § 13, eff from and after July 1, 1988.

Cross References —

University Research Center created, see §37-141-3.

Regional Initiatives Program

Cross References —

University Research Center, generally, see §37-141-1 et seq.

§ 37-141-51. Establishment; purpose.

  1. There is hereby created the Regional Initiatives Program within the University Research Center as created by Section 37-141-1 et seq.
  2. The program shall provide financial assistance to counties through grants to substate economic development organizations or an aggregate of such organizations to carry out specific projects that will augment the objectives and strategies of the statewide economic development plan in accordance with the Statewide Planning Act of 1987.
  3. Counties may designate substate economic development organizations to include but not limited to economic development organizations such as local chambers of commerce, local economic development authorities, planning development districts, multicounty organizations funded by local governing authorities and the federal government or other organization deemed appropriate.

HISTORY: Laws, 1999, ch. 379, § 1, eff from and after July 1, 1999.

Cross References —

Functions of University Research Center, see §37-141-7.

§ 37-141-53. Application for funding.

  1. Applications for financial assistance shall be made to the University Research Center.
  2. Applicants may request up to seventy-five percent (75%) of the total projects cost. The applicant shall provide at least twenty-five percent (25%) of the total cost, twelve and one-half percent (12-1/2%) of which may be in in-kind funding.

HISTORY: Laws, 1999, ch. 379, § 2, eff from and after July 1, 1999.

§ 37-141-55. Criteria for funding.

  1. No request for funds shall be granted unless the project will have a positive economic impact on at least an entire county.
  2. No funding provided by the University Research Center shall be used to fund operating costs.

HISTORY: Laws, 1999, ch. 379, § 3, eff from and after July 1, 1999.

§ 37-141-57. Promulgation of rules and regulations.

The University Research Center shall develop rules and regulations necessary to carry out the provisions of this chapter.

HISTORY: Laws, 1999, ch. 379, § 4, eff from and after July 1, 1999.

Chapter 143. Omnibus Loan or Scholarship Act of 1991

§§ 37-143-1 through 37-143-21. Repealed.

Repealed by Laws of 2014, ch. 538, § 37, effective July 1, 2014.

§37-143-1. [Laws, 1991, ch. 547, § 1, eff from and after July 1, 1991.]

§37-143-3. [Laws, 1991, ch. 547, § 2, eff from and after July 1, 1991.]

§37-143-5. [Laws, 1991, ch. 547, § 3, eff from and after July 1, 1991.]

§37-143-6. [Laws, 2000, ch. 534, § 1; Laws, 2001, ch. 450, § 1; Laws, 2003, ch. 391, § 1, eff from and after July 1, 2003.]

§37-143-7. [Laws, 1991, ch. 547, § 4, eff from and after July 1, 1991.].

§37-143-9. [Laws, 1991, ch. 547, § 5; Laws, 1993, ch. 593, § 2, eff from and after July 1, 1993.]

§37-143-11. [Laws, 1991, ch. 547, § 6; Laws, 1993, ch. 593, § 1; Laws, 1998, ch. 544, § 3; Laws, 2002, ch. 587, § 2; Laws, 2004, ch. 409, § 2; Laws, 2013, ch. 497, § 85, eff from and after July 1, 2013.]

§37-143-12. [Laws, 2012, ch. 491, § 1; Laws, 2013, ch. 497, § 86, eff from and after July 1, 2013.]

§37-143-13. [Laws, 1991, ch. 547, § 7; Laws, 1992, ch. 365, § 1; Laws, 2001, ch. 388, § 1; Laws, 2010, ch. 476, § 16, eff from and after passage (approved Apr. 1, 2010.)]

§37-143-14. [Laws, 2007, ch. 544, § 1, eff from and after July 1, 2007.].

§37-143-15. [Laws, 1991, ch. 547, § 8; Laws, 1996, ch. 346, § 1; Laws, 2010, ch. 554, § 3, eff from and after July 1, 2011.]

§37-143-17. [Laws, 1991, ch. 547, § 9, eff from and after July 1, 1991.]

§37-143-19. [Laws, 1991, ch. 547, § 10; Laws, 2012, ch. 315, § 3, eff from and after passage (approved Apr. 3, 2012.)]

§37-143-21. [Laws, 1991, ch. 547, § 11, eff from and after July 1, 1991.].

Editor’s Notes —

Laws of 1991, ch. 547, § 18, effective July 1, 1991, provides as follows:

“SECTION 18. The Board of Trustees of State Institutions of Higher Learning is hereby authorized to honor all contracts and commitments for the provision of loans or scholarships existing under prior programs repealed by this act.”

Former §37-143-1 provided the short title for the Omnibus Loan or Scholarship Act of 1991.

Former §37-143-3 provided legislative findings and declarations of purpose relating to the Omnibus Loan or Scholarship Act of 1991.

Former §37-143-5 created the medical loan or scholarship program. For present similar provisions, see §37-106-61.

Former §37-143-6 created a Medical Education Scholarship and Loan Repayment Program for applicants agreeing to practice family medicine in critical needs areas. For present similar provisions, see §37-106-61.

Former §37-143-7 created the dental loan or scholarship program. For present similar provisions, see §37-106-63.

Former §37-143-9 created created a program for advanced study in nursing. For present similar provisions, see §37-106-59.

Former §37-143-11 established the William F. Winter Teacher Scholar Loan Program. For present similar provisions, see §37-106-57.

Former §37-143-13 established a health care professions’ loan program. For present similar provisions, see §37-106-67.

Former §37-143-14 established a family protection specialist social worker scholarship program. For present similar provisions, see §37-106-69.

Former §37-143-15 prescribed the powers and duties of the board of trustees of state institutions of higher learning with respect to loan or scholarship programs.

Former §37-143-17 related to the establishment of a loan or scholarship mechanism employing agreements to repay private sector loans for education or guaranteed student loans. For present similar provisions, see §37-106-49.

Former §37-143-19 related to the establishment of a consolidated revolving loan fund to provide money for the operation of loan or scholarship programs. For present similar provisions, see §37-106-51.

Former §37-143-21 required the Board of Trustees of State Institutions of Higher Learning to submit an anuual report to the Legislature summarizing the loan or scholarship programs.

Chapter 144. Mississippi Rural Physicians Scholarship Program

§ 37-144-1. Mississippi Rural Physicians Program established.

There is established the Mississippi Rural Physicians Scholarship Program for the purpose of identifying and recruiting qualified university and college students from rural areas of the state for medical or osteopathic school matriculation. The program shall consist of three (3) distinct phases through which participants will progress, including:

Undergraduate premedical education;

Medical or osteopathic school and residency; and

Post-residency entry into medical practice in a rural or underserved area of the State of Mississippi.

HISTORY: Laws, 2007, ch. 554, § 1, eff from and after passage (approved Apr. 20, 2007.).

§ 37-144-3. Mississippi Rural Physicians Scholarship Commission; composition; advisory committee; vacancies; meetings; compensation; program funding [Effective until July 1, 2019].

  1. The Mississippi Rural Physicians Scholarship Program shall be administered by a commission to be known as the “Mississippi Rural Physicians Scholarship Commission.” The commission shall be directed by a board composed of the following members:
    1. Two (2) generalist physicians appointed by and from the membership of the Mississippi State Medical Association, the term of which shall be three (3) years and may be reappointed for one (1) additional term;
    2. One (1) generalist physician appointed by and from the membership of each of the following organizations, the term of which shall be three (3) years and may be reappointed for one (1) additional term:
      1. Mississippi Academy of Family Physicians;
      2. Mississippi Chapter, American College of Physicians;
      3. Mississippi Chapter, American Academy of Pediatrics;
      4. Mississippi Chapter, American College of OB-GYN;
      5. Mississippi Medical and Surgical Association;
      6. Mississippi Osteopathic Association;
    3. Two (2) designees of the Dean of the University of Mississippi School of Medicine whose terms are at the discretion of the dean, at least one (1) of whom is a member of the University of Mississippi School of Medicine Admissions Committee;
    4. Two (2) medical students, one (1) of whom shall be selected yearly through a process developed by the dean of the School of Medicine in consultation with the chairs of the departments of family medicine, internal medicine, OB-GYN, and pediatrics, and one (1) of whom shall be nominated for a one-year term by the Mississippi Chapter of the Student National Medical Association and approved by the Dean of the University of Mississippi School of Medicine;
    5. A member of the Board of Trustees of State Institutions of Higher Learning; and
    6. The Chair of the Department of Family Medicine at the University of Mississippi School of Medicine.
  2. The premedical advisors from the accredited four-year colleges and universities in the state and the directors or designees of the primary care generalist training programs in the State of Mississippi shall comprise an advisory committee to the commission to assist the commission in its administration of the Mississippi Rural Physicians Scholarship Program.
  3. Vacancies on the commission must be filled in a manner consistent with the original appointments.
  4. All appointments to the commission must be made no later than September 1, 2007. After the members are appointed, the Chair of the Department of Family Medicine shall set a date for the organizational meeting that is mutually acceptable to the majority of the commission members. The organizational meeting shall be for the purposes of organizing the commission and establishing rules for transacting its business. A majority of the members of the commission shall constitute a quorum at all commission meetings. An affirmative vote of a majority of the members present and voting shall be required in the adoption of rules, reports and in any other actions taken by the commission. At the organizational meeting, the commission shall elect a chair and vice chair from the members appointed according to paragraphs (a) through (d) of subsection (1). The chair shall serve for a term of two (2) years, upon the expiration of which the vice chair shall assume the office of chair.
  5. After the organizational meeting, the commission shall hold no less than two (2) meetings annually.
  6. The commission may form an executive committee for the purpose of transacting business that must be conducted before the next regularly scheduled meeting of the commission. All actions taken by the executive committee must be ratified by the commission at its next regularly scheduled meeting.
  7. Members of the commission shall serve without compensation but may be reimbursed, subject to the availability of funding, for mileage and actual and necessary expenses incurred in attending meetings of the commission.
  8. Funding for the establishment and continued operation of the program and commission shall be appropriated out of any money in the General Fund not already appropriated to the University of Mississippi Medical Center.

HISTORY: Laws, 2007, ch. 554, § 2, eff from and after passage (approved Apr. 20, 2007.).

Cross References —

General powers and duties of Board of Trustees of State Institutions of Higher Learning, see §37-101-15.

§ 37-144-3. Mississippi Rural Physicians Scholarship Commission; composition; advisory committee; vacancies; meetings; compensation; program funding [Effective July 1, 2019].

  1. The Mississippi Rural Physicians Scholarship Program shall be administered by a commission to be known as the “Mississippi Rural Physicians Scholarship Commission.” The commission shall be directed by a board composed of the following members:
    1. Two (2) generalist physicians appointed by and from the membership of the Mississippi State Medical Association, the term of which shall be three (3) years and may be reappointed for one (1) additional term;
    2. One (1) generalist physician appointed by and from the membership of each of the following organizations, the term of which shall be three (3) years and may be reappointed for one (1) additional term:
      1. Mississippi Academy of Family Physicians;
      2. Mississippi Chapter, American College of Physicians;
      3. Mississippi Chapter, American Academy of Pediatrics;
      4. Mississippi Chapter, American College of OB-GYN;
      5. Mississippi Medical and Surgical Association;
      6. Mississippi Osteopathic Association;
    3. Two (2) designees of the Dean of the University of Mississippi School of Medicine whose terms are at the discretion of the dean, at least one (1) of whom is a member of the University of Mississippi School of Medicine Admissions Committee;
    4. Two (2) medical students, one (1) of whom shall be selected yearly through a process developed by the Dean of the School of Medicine in consultation with the Chairs of the Departments of Family Medicine, Internal Medicine, OB-GYN and Pediatrics, and one (1) of whom shall be nominated for a one-year term by the Mississippi Chapter of the Student National Medical Association and approved by the Dean of the University of Mississippi School of Medicine;
    5. A member of the Board of Trustees of State Institutions of Higher Learning;
    6. The Chair of the Department of Family Medicine at the University of Mississippi School of Medicine; and
    7. A licensed psychiatrist appointed by the Mississippi Chapter of the American Psychiatric Association.
  2. The premedical advisors from the accredited four-year colleges and universities in the state and the directors or designees of the primary care generalist training programs in the State of Mississippi shall comprise an advisory committee to the commission to assist the commission in its administration of the Mississippi Rural Physicians Scholarship Program.
  3. Vacancies on the commission must be filled in a manner consistent with the original appointments.
  4. All appointments to the commission must be made no later than September 1, 2019. After the members are appointed, the Chair of the Department of Family Medicine shall set a date for the organizational meeting that is mutually acceptable to the majority of the commission members. The organizational meeting shall be for the purposes of organizing the commission and establishing rules for transacting its business. A majority of the members of the commission shall constitute a quorum at all commission meetings. An affirmative vote of a majority of the members present and voting shall be required in the adoption of rules, reports and in any other actions taken by the commission. At the organizational meeting, the commission shall elect a chair and vice chair from the members appointed according to paragraphs (a) through (d) of subsection (1). The chair shall serve for a term of two (2) years, upon the expiration of which the vice chair shall assume the office of chair.
  5. After the organizational meeting, the commission shall hold no less than two (2) meetings annually.
  6. The commission may form an executive committee for the purpose of transacting business that must be conducted before the next regularly scheduled meeting of the commission. All actions taken by the executive committee must be ratified by the commission at its next regularly scheduled meeting.
  7. Members of the commission shall serve without compensation but may be reimbursed, subject to the availability of funding, for mileage and actual and necessary expenses incurred in attending meetings of the commission.
  8. Funding for the establishment and continued operation of the program and commission shall be appropriated out of any money in the General Fund not already appropriated to the University of Mississippi Medical Center.

HISTORY: Laws, 2007, ch. 554, § 2, eff from and after passage (approved Apr. 20, 2007.); Laws, 2019, ch. 441, § 1, eff from and after July 1, 2019.

§ 37-144-5. Powers and duties of commission [Effective until July 1, 2019].

The Mississippi Rural Physicians Scholarship Commission shall have the following powers and duties:

Developing the administrative policy for the commission and the Mississippi Rural Physicians Scholarship Program;

Promulgating rules and regulations, with the advice and consent of the University of Mississippi Medical Center, pertaining to the implementation and operation of the Rural Physicians Scholarship Program;

Developing and implementing strategies and activities for the identification and recruitment of students and for marketing the program and for the implementation of the program. In developing these strategies, the board shall seek the input of various organizations and entities, including the Mississippi State Medical Association, the Mississippi Academy of Family Physicians, the Mississippi Chapters of the American College of Physicians, the American Academy of Pediatrics, the American College of OB-GYN, the Mississippi Medical and Surgical Association and the Mississippi Osteopathic Medicine Association;

Establishing a budget, with the advice and consent of the University of Mississippi Medical Center, to support the activities of the program and periodically reviewing and if appropriate, revising, the scholarship and other stipends offered through the program;

Advising the University of Mississippi Medical Center regarding hiring an executive director and support staff necessary for the commission’s work. The commission shall nominate at least two (2) individuals to serve as executive director;

Reviewing participants progress in the program and mentoring students and physicians participating in the program;

Developing and participating in programs that provide initial practice support in collaboration with other interested professional organizations;

The commission shall have the authority through use of generally applicable definitions, to designate an area of the state as underserved or rural. The method by which these designations shall be made shall be contained in rules and regulations promulgated by the commission.

HISTORY: Laws, 2007, ch. 554, § 3, eff from and after passage (approved Apr. 20, 2007.).

§ 37-144-5. Powers and duties of commission [Effective July 1, 2019].

The Mississippi Rural Physicians Scholarship Commission shall have the following powers and duties:

Developing the administrative policy for the commission and the Mississippi Rural Physicians Scholarship Program;

Promulgating rules and regulations, with the advice and consent of the University of Mississippi Medical Center, pertaining to the implementation and operation of the Rural Physicians Scholarship Program;

Developing and implementing strategies and activities for the identification and recruitment of students and for marketing the program and for the implementation of the program. In developing these strategies, the board shall seek the input of various organizations and entities, including the Mississippi State Medical Association, the Mississippi Academy of Family Physicians, the Mississippi Chapters of the American College of Physicians, the American Academy of Pediatrics, the American College of OB-GYN, the Mississippi Medical and Surgical Association, the Mississippi Osteopathic Medicine Association and the American Psychiatric Association;

Establishing a budget, with the advice and consent of the University of Mississippi Medical Center, to support the activities of the program and periodically reviewing and if appropriate, revising, the scholarship and other stipends offered through the program;

Advising the University of Mississippi Medical Center regarding hiring an executive director and support staff necessary for the commission’s work. The commission shall nominate at least two (2) individuals to serve as executive director;

Reviewing participants progress in the program and mentoring students and physicians participating in the program;

Developing and participating in programs that provide initial practice support in collaboration with other interested professional organizations;

The commission shall have the authority through use of generally applicable definitions, to designate an area of the state as underserved or rural. The method by which these designations shall be made shall be contained in rules and regulations promulgated by the commission.

HISTORY: Laws, 2007, ch. 554, § 3, eff from and after passage (approved Apr. 20, 2007.); Laws, 2019, ch. 441, § 2, eff from and after July 1, 2019.

§ 37-144-7. Identification and recruitment of undergraduate participants; designation of underserved or rural area; applicant qualifications; maximum number of new admissions per year [Effective until July 1, 2019].

  1. The commission shall develop and implement policies and procedures designed to recruit, identify and enroll undergraduate students who demonstrate necessary interest, commitment, aptitude and academic achievement to pursue careers as family physicians or other generalist physicians in rural or medically underserved areas of Mississippi, and to develop and implement the programs designed to foster successful entry of participants into medical school, completion of medical school, enrollment into and completion of family medicine or other generalist residency, and establishment and maintenance of a career in family medicine or other generalist specialty in a rural or underserved area of Mississippi.
  2. The commission shall have the authority through use of generally applicable definitions, to designate an area of the state as underserved or rural.
  3. The commission, in conjunction with the University of Mississippi Medical Center, shall have the authority to provide students selected for scholarship funding with faculty mentors and other programs designed to enhance the students’ likelihood of admission to the medical school. The commission and the University of Mississippi Medical Center will develop coursework that will provide scholarship students with the skills necessary for sustained and successful medical practice in rural Mississippi.
  4. Each applicant for admission to the program must submit an application to the commission that conforms to requirements established by the commission.
  5. In selecting participants for the program, the board may only accept an applicant if his or her academic record and other characteristics, if given consideration by the University of Mississippi School of Medicine Admissions Committee, would be considered credible and competitive.
  6. An applicant for the program may be admitted only upon a majority vote of the members of the commission.
  7. Not less than fifteen (15) students will be admitted to the Mississippi Rural Physicians Scholarship Program each year, provided that there are fifteen (15) or more qualified applicants for the program.

HISTORY: Laws, 2007, ch. 554, § 4; Laws, 2013, ch. 491, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment in (7), substituted “Not less than” for “Up to” and “provided that there are fifteen (15) or more qualified applicants for the program” for “beginning with the 2008-2009 academic year.”

§ 37-144-7. Identification and recruitment of undergraduate participants; designation of underserved or rural area; applicant qualifications; maximum number of new admissions per year [Effective July 1, 2019].

  1. The commission shall develop and implement policies and procedures designed to recruit, identify and enroll undergraduate students who demonstrate necessary interest, commitment, aptitude and academic achievement to pursue careers as family physicians or other generalist physicians in rural or medically underserved areas of Mississippi, and to develop and implement the programs designed to foster successful entry of participants into medical school, completion of medical school, enrollment into and completion of family medicine or other generalist residency, and establishment and maintenance of a career in family medicine or other generalist specialty in a rural or underserved area of Mississippi.
  2. The commission shall have the authority through use of generally applicable definitions to designate an area of the state as underserved or rural.
  3. The commission, in conjunction with the University of Mississippi Medical Center, shall have the authority to provide students selected for scholarship funding with faculty mentors and other programs designed to enhance the students’ likelihood of admission to the medical school. The commission and the University of Mississippi Medical Center will develop coursework that will provide scholarship students with the skills necessary for sustained and successful medical practice in rural Mississippi.
  4. Each applicant for admission to the program must submit an application to the commission that conforms to requirements established by the commission.
  5. In selecting participants for the program, the board may only accept an applicant if his or her academic record and other characteristics, if given consideration by the University of Mississippi School of Medicine Admissions Committee, would be considered credible and competitive.
  6. An applicant for the program may be admitted only upon a majority vote of the members of the commission.
  7. Not less than fifteen (15) students will be admitted to the Mississippi Rural Physicians Scholarship Program each year, provided that there are fifteen (15) or more qualified applicants for the program.
  8. Upon the funding of sixty-one (61) or more rural physicians scholarships by the Legislature and recognizing the importance of balancing the needs of comprehensive primary care along with a critical shortage of psychiatrists in Mississippi, the commission may grant an exception for fourth-year medical or osteopathic school (M4) students who demonstrate a desire to practice psychiatry in rural Mississippi and who use a practice model and enter the practice of medicine in a rural or underserved area in Mississippi, as defined by the commission beginning for the M4 class of 2020.

HISTORY: Laws, 2007, ch. 554, § 4; Laws, 2013, ch. 491, § 1, eff from and after July 1, 2013; Laws, 2019, ch. 441, § 3, eff from and after July 1, 2019.

§ 37-144-9. Participants to adhere to program policies and practices to remain in program; forgiveness or repayment of financial assistance under certain circumstances.

  1. Participants must adhere to the policies and practices as stipulated by the commission to continue in the program.
  2. Students in the program may receive tuition or other financial support that may be provided by the commission. If a student in the program is admitted to and completes medical or osteopathic school, any tuition or other educational and living support provided to the student by the commission will be forgiven. However, if the student is not successful in being accepted into medical or osteopathic school within three (3) years of entry into the Mississippi Rural Physicians Scholarship Program, or if the student otherwise breaches his or her agreement with the commission, all financial assistance provided to the student must be repaid according to policies adopted by the board.

HISTORY: Laws, 2007, ch. 554, § 5, eff from and after passage (approved Apr. 20, 2007.).

§ 37-144-11. Participants may apply to any accredited medical or osteopathic school; early admissions process for students applying to University of Mississippi School of Medicine.

  1. Students in the program may apply to any medical or osteopathic school that is accredited by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association (AOA).
  2. Students in the program seeking admission to the University of Mississippi School of Medicine shall be eligible for a special admissions process pursuant to criteria established by the School of Medicine Admissions Committee which will include special consideration of the attributes of participation in the program.
  3. In carrying out the admissions process developed for the Mississippi Rural Physicians Scholarship Program participants under this section, the goal is for the program to work with the School of Medicine to enhance the capability of participants to successfully enter and complete medical school, train in family medicine or other generalist primary care specialty and enter practice in rural or underserved areas in Mississippi. To the extent feasible, the early admissions process should be completed before November 1 of the year preceding a student’s admission to medical school.

HISTORY: Laws, 2007, ch. 554, § 6, eff from and after passage (approved Apr. 20, 2007.).

Cross References —

University of Mississippi School of Medicine generally, see §§37-115-21 through37-115-35.

§ 37-144-13. Ongoing financial support for program participants who attend medical or osteopathic school; preference for ongoing support to University of Mississippi School of Medicine students; students obligated for one year of practice for every year of financial assistance received.

  1. Subject to the availability of funding, students in the program who successfully matriculate to medical or osteopathic school are eligible for ongoing financial support in accordance with policies and requirements of the commission and in accordance with the applicable laws and regulations. The number of students to be supported at the University of Mississippi School of Medicine and at other schools will be established by policy prescribed by the commission.
  2. Subject to the availability of funding, students enrolled at the University of Mississippi School of Medicine may receive tuition support, funding to assist with the cost of books and a living stipend, as prescribed by policy of the commission and in accordance with applicable regulations. Preferences for ongoing funding must be given to those students admitted to the University of Mississippi School of Medicine.
  3. For each year that a student in medical or osteopathic school receives financial assistance, the student is obligated for one (1) year of practice as a primary care physician in a rural or underserved area in Mississippi. Breach of the agreement at any stage of training shall invoke the repayment of all financial assistance provided to the student through the Mississippi Rural Physicians Scholarship Program, including assistance provided during undergraduate school, as well as in medical or osteopathic school, along with other penalties that may be prescribed in policy by the commission.

HISTORY: Laws, 2007, ch. 554, § 7, eff from and after passage (approved Apr. 20, 2007.).

Cross References —

University of Mississippi School of Medicine generally, see §§37-115-21 through37-115-35.

§ 37-144-15. Ongoing financial support for students entering family medicine or other generalist residency programs.

Medical and osteopathic students in the program must enter family medicine or other generalist residency programs according to their choice of specialty. Depending upon the availability of funds, students who successfully enter residency programs which have been approved by the commission may receive further financial support from the Mississippi Rural Physicians Scholarship Program subject to applicable rules and policies of the commission. All funding for financial support from the commission to participants during their residency must be disbursed in accordance with applicable regulations.

HISTORY: Laws, 2007, ch. 554, § 8, eff from and after passage (approved Apr. 20, 2007.).

§ 37-144-17. Program participants required to enter practice of medicine in health professional shortage, rural or underserved area upon completion of residency for number of years corresponding to number of years assistance received up to maximum of five years; breach of contract; liability for repayment.

  1. Upon completion of residency, a participant in the Mississippi Rural Physicians Scholarship Program must proceed to enter the practice of medicine in a rural or underserved area in Mississippi, as defined by the commission and consistent with generally acceptable designations. If an area experiences significant changes in its medical or general community which are not reflected by health professional shortage area (HPSA) or medically underserved area (MUA) rural designation, the commission may receive testimony and, in its discretion, may qualify the area as an underserved or rural area to allow the program participant to fulfill his or her practice obligation.
  2. Upon entering the practice of medicine, a participant in the program must serve in a health professional shortage area (HPSA), medically underserved area (MUA), or rural area otherwise approved for practice under subsection (1) of this section for a number of years which corresponds to the number of years, not to exceed five (5), for which the participant received funding through the program. A participant who completes residency outside the State of Mississippi who fails to enter the practice of medicine as required under this section shall be deemed in breach of contract and shall be liable for the immediate repayment of all financial assistance provided to the participant through the Mississippi Rural Physicians Scholarship Program, including assistance provided during undergraduate school, as well as in medical or osteopathic school, along with other penalties that may be prescribed in policy by the board. Any participant who fails to complete the period of practice for which he or she is obligated to provide services in a health professional shortage area (HPSA) or a medically underserved area (MUA) in exchange for financial assistance received through the Mississippi Rural Physicians Scholarship Program shall be liable for the repayment of all financial assistance provided to the participant through the program, along with other penalties that may be prescribed by the commission, an amount which shall be reduced on a pro rata basis for actual years of practice by the physician in the area designated by the commission.

HISTORY: Laws, 2007, ch. 554, § 9, eff from and after passage (approved Apr. 20, 2007.).

§ 37-144-19. Initial practice entry support system for program participants.

The Mississippi Rural Physicians Scholarship Program, acting through the commission, shall make every effort to establish an initial practice entry support system for participants in the program.

HISTORY: Laws, 2007, ch. 554, § 10, eff from and after passage (approved Apr. 20, 2007.).

§ 37-144-21. Limitation of program and commission governing and administrative authority.

This chapter may not be construed as granting the Mississippi Rural Physicians Scholarship Program or its governing commission any governing or administrative authority over any program administered by any college, university, medical school or residency program in this state or any other program established by state law.

HISTORY: Laws, 2007, ch. 554, § 11; Laws, 2014, ch. 538, § 42, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment deleted “including the Medical Education Scholarship and Loan Repayment Program established under Section 37-14-36” from the end.

Chapter 145. Mississippi Opportunity Loan Program Act

§ 37-145-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Opportunity Loan Program Act.”

HISTORY: Laws, 1992, ch. 475, § 1, eff from and after passage (approved May 6, 1992).

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

General provisions pertaining to state institutions of higher learning, see §§37-101-1 et seq.

RESEARCH REFERENCES

ALR.

Construction and application of agreement by medical or social work student to work in particular positions or at particular location in exchange for financial aid in meeting costs of education. 83 A.L.R.3d 1273.

Rights and obligations of Federal Government, under 20 USCS § 1080, when student borrower defaults on federally insured loan. 73 A.L.R. Fed. 303.

§ 37-145-3. Definitions.

As used in this chapter:

“Company” means the Mississippi Business Finance Corporation established pursuant to Section 57-10-167.

“Board of trustees” means the Board of Trustees of State Institutions of Higher Learning.

“Guaranty Agency” means the Mississippi Guarantee Student Loan Agency of the Board of Trustees of State Institutions of Higher Learning.

HISTORY: Laws, 1992, ch. 475, § 2, eff from and after passage (approved May 6, 1992).

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

General provisions pertaining to state institutions of higher learning, see §§37-101-1 et seq.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 21.

§ 37-145-5. Mississippi Opportunity Loan Program.

There is hereby created the Mississippi Opportunity Loan Program to assist students in meeting the rising costs of higher education and to increase the educational opportunities of such students by providing low interest rate student loans to assist Mississippi students in furthering their higher education goals.

HISTORY: Laws, 1992, ch. 475, § 3, eff from and after passage (approved May 6, 1992).

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

General provisions pertaining to state institutions of higher learning, see §§37-101-1 et seq.

§ 37-145-7. Mississippi Opportunity Loan Fund.

  1. There is hereby created a special fund of the company to be known as the “Mississippi Opportunity Loan Fund.” The fund shall consist of amounts paid into the fund by donations from private sources, by legislative appropriation, from the proceeds of the issuance of bonds or from any other source. All of the earnings on the investment of monies in the fund shall be credited to the fund.
  2. The monies in the fund shall be used to increase the educational opportunities of students by providing low interest rate loans to assist Mississippi students in furthering their higher education goals.
  3. The Mississippi Opportunity Loan Fund shall be maintained by the company. The company is authorized to maintain such fund in an official state depository, and, in accordance with Section 27-105-21, shall invest such funds at interests as required by said section, said depository so selected shall be capable of serving as Trustee for the Mississippi Opportunity Loan Fund.

HISTORY: Laws, 1992, ch. 475, § 4, eff from and after passage (approved May 6, 1992).

Cross References —

Definition of “company,” see §37-145-3.

Issuance of bonds to initially fund Mississippi Opportunity Loan Fund, see §37-145-23.

§ 37-145-9. Administration of Fund.

The company shall administer and manage all money, including all interest made on loans pursuant to this chapter and all principal repaid on loans in whatever manner maximizes the amount of money available to the Mississippi Opportunity Loan Fund that is consistent with federal reinsurance requirements and state budget practices.

HISTORY: Laws, 1992, ch. 475, § 5, eff from and after passage (approved May 6, 1992).

Cross References —

Definition of “company,” see §37-145-3.

§ 37-145-11. Board of trustees to serve as direct lender of non-subsidized student loans; general duties.

The board of trustees shall serve as the direct lender of the non-subsidized student loans authorized under this chapter and in such capacity shall:

Accept and review each loan application;

Determine the applicant’s eligibility and continued eligibility;

Collect any balance which may become due as a result of default on any loan, for which purpose the board of trustees shall have all the same authority as they have for the guaranteed student loan program; and

Provide by rule for:

A mechanism for informing students of the availability of the loans;

The creation of all applications, forms, promissory notes and other instruments necessary for the administration of the program; and

Any other items necessary for the administration of the program.

HISTORY: Laws, 1992, ch. 475, § 6, eff from and after passage (approved May 6, 1992).

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

General provisions pertaining to state institutions of higher learning, see §§37-101-1 et seq.

§ 37-145-13. Loan limits; coordination with certain other programs.

The annual and aggregate loan limits for each eligible student borrower shall be in accordance with those limits established for the Stafford Loan Program authorized by Title IV of the Higher Education Act of 1965, as amended. The board of trustees has established an agency to carry out the functions of providing guarantees to student loans in accordance with the Stafford Loan Program. This agency, entitled the Mississippi Guarantee Student Loan Agency, guarantees payment of loans qualifying under federal law which are thereby eligible for reinsurance from the federal Department of Education. The board is authorized to operate the Mississippi Opportunity Loan Program as a guaranteed program.

HISTORY: Laws, 1992, ch. 475, § 7, eff from and after passage (approved May 6, 1992).

Editor’s Notes —

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Federal Aspects—

Title IV of Higher Education Act of 1965, see 20 USCS §§ 1070 et seq.

§ 37-145-15. Eligibility for loans.

To be eligible to receive a loan under this chapter, the applicant must have been a bona fide resident of the State of Mississippi for three (3) consecutive years immediately preceding the date of the loan application and must be enrolled or accepted for enrollment by a public or private junior college, community college or institution of higher learning accredited by an appropriate accrediting body acceptable to the board of trustees.

HISTORY: Laws, 1992, ch. 475, § 8, eff from and after passage (approved May 6, 1992).

RESEARCH REFERENCES

ALR.

Construction and application of agreement by medical or social work student to work in particular positions or at particular location in exchange for financial aid in meeting costs of education. 83 A.L.R.3d 1273.

Rights and obligations of Federal Government, under 20 USCS § 1080, when student borrower defaults on federally insured loan. 73 A.L.R. Fed. 303.

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities § 21.

§ 37-145-17. Disposition of repaid principal and interest.

All repaid principal and interest resulting from repayment of a loan and not required for retirement of bonds issued under authority of Sections 37-145-43 through 37-145-73 or other expenses of the Mississippi Opportunity Loan Program shall be credited to the Mississippi Opportunity Loan Fund.

HISTORY: Laws, 1992, ch. 475, § 9, eff from and after passage (approved May 6, 1992).

Cross References —

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-19. Loans subject to availability of funds.

The receipt of a loan under this chapter by an eligible borrower is subject to the availability of lending capital and Mississippi Opportunity Loan Fund balances.

HISTORY: Laws, 1992, ch. 475, § 10, eff from and after passage (approved May 6, 1992).

Cross References —

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-21. Authority to enter into agreements and contracts.

The company, the board of trustees and the State Bond Commission are hereby authorized to enter into any and all agreements and contracts as may be necessary to effectuate the purposes of this chapter.

HISTORY: Laws, 1992, ch. 475, § 11, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1.

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-23. Authority to issue general obligation bonds.

The State Bond Commission shall have the power and is hereby authorized, at one (1) time or from time to time, to issue negotiable general obligation bonds of the State of Mississippi to initially fund the Mississippi Opportunity Loan Fund. The total amount of bonds which may be issued pursuant to Sections 37-145-23 through 37-145-43 shall not exceed Three Million Dollars ($3,000,000.00).

HISTORY: Laws, 1992, ch. 475, § 12, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission, see generally §§31-17-1 et seq.

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-25. Issuance of general obligation bonds.

Upon the adoption of a resolution by the board of directors of the company declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by Sections 37-145-23 through 37-145-43, the board shall deliver a certified copy of its resolution to the State Bond Commission. Upon the receipt of same, the State Bond Commission shall issue and sell bonds in an amount requested, and do any and all things necessary and advisable in connection with the issuance and sale of such bonds. For the payment of such bonds and the interest thereon, the full faith, credit and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature shall find that there are funds available in the General Fund of the Treasury of the State of Mississippi in amounts sufficient to pay maturity, principal and accruing interest of such general obligation bonds and if the Legislature shall appropriate such available funds for the purpose of paying such maturity, principal and accruing interest, then the principal, maturity and accruing interest of such bonds shall be paid from appropriations made from the General Fund of the Treasury of the State of Mississippi by the Legislature thereof; but if there are not available sufficient funds in the General Fund of the Treasury of the State of Mississippi to pay the maturity, principal and accruing interest of such bonds, or if such funds are available and the Legislature should fail to appropriate a sufficient amount thereof to pay such principal and accruing interest as the same becomes due, then, and in that event, there shall annually be levied upon all taxable property within the State of Mississippi an ad valorem tax at a rate sufficient to provide the funds required to pay the bonds at maturity and the interest thereon as the same accrues. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed that rate established in Section 75-17-101), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission. Such bonds shall be signed by the Chairman of the State Bond Commission or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

HISTORY: Laws, 1992, ch. 475, § 13, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-27. General obligation bonds negotiable and tax exempt.

All general obligation bonds of the State of Mississippi and interest coupons issued under the provisions of Sections 37-145-23 through 37-145-41 shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Laws, 1992, ch. 475, § 14, eff from and after passage (approved May 6, 1992).

§ 37-145-29. Sale of general obligation bonds; notice of sale.

The State Bond Commission shall sell such bonds in the manner and at a price which will result in the lowest interest rate on the best terms obtainable for the state, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals as may be directed by the State Bond Commission.

HISTORY: Laws, 1992, ch. 475, § 15, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-145-31. Proceeds of sale of general obligation bonds.

Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale to the State Treasurer. Immediately upon receipt of a resolution from the board of directors of the company requesting same, the State Fiscal Officer shall issue a warrant to the State Treasurer to cause to be paid into the Mississippi Opportunity Loan Fund of the company the proceeds of said bonds, less cost of issuance thereafter and accrued interest on the bonds.

HISTORY: Laws, 1992, ch. 475, § 16, eff from and after passage (approved May 6, 1992).

Editor’s Notes —

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-33. Bondholder enforcement of general obligation bond rights.

Any holder of bonds issued under the provisions of Sections 37-145-23 through 37-145-41 or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted hereunder, or under such resolution, and may enforce and compel performance of all duties required by Sections 37-145-23 through 37-145-41 to be performed, in order to provide for the payment of bonds and interest thereon.

HISTORY: Laws, 1992, ch. 475, § 17, eff from and after passage (approved May 6, 1992).

§ 37-145-35. No additional proceedings or happenings necessary for issuance of general obligation bonds; validation of bonds.

Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 37-145-23 through 37-145-41. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 37-145-23 through 37-145-41 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.

The bonds authorized under the authority of Sections 37-145-23 through 37-145-41 may, in the discretion of the State Bond Commission, be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The necessary papers for such validation proceedings shall be transmitted to the State Bond Commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.

HISTORY: Laws, 1992, ch. 475, § 18, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-145-37. General obligation bonds legal investments and securities.

All bonds issued under the provisions of Sections 37-145-23 through 37-145-41 shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Laws, 1992, ch. 475, § 19, eff from and after passage (approved May 6, 1992).

§ 37-145-39. No additional authority necessary for issuance of general obligation bonds.

Sections 37-145-23 through 37-145-41 shall be deemed to be full and complete authority for the exercise of the powers therein granted.

HISTORY: Laws, 1992, ch. 475, § 20, eff from and after passage (approved May 6, 1992).

§ 37-145-41. Attorney for State Bond Commission; expenses of Commission for general obligation bond issuance.

The State Bond Commission shall select an attorney or attorneys to represent the State Bond Commission in issuing, selling and validating bonds provided for in Sections 37-145-23 through 37-145-41, and the bond commission is hereby authorized and empowered to expend from the proceeds derived from the sale of the bonds authorized hereunder all necessary administrative, legal and other expenses incidental and related to the issuance of bonds authorized under Sections 37-145-23 through 37-145-41.

HISTORY: Laws, 1992, ch. 475, § 21, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission generally, see §§31-17-1 et seq.

§ 37-145-43. Authority to issue student loan revenue bonds; purpose of bonds.

The company, in addition to any other powers and duties, shall have the power to issue student loan revenue bonds as hereinafter provided in Sections 37-145-43 through 37-145-73 in order to provide funds for deposit into the Mississippi Opportunity Loan Fund and to provide funds to the board of trustees to use in support of the board of trustees’ student loan guaranty function.

HISTORY: Laws, 1992, ch. 475, § 22, eff from and after passage (approved May 6, 1992).

Cross References —

State Bond Commission, see generally §§31-17-1 et seq.

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-45. Student loan revenue bonds not a public obligation.

No bonds issued by the company under Sections 37-145-43 through 37-145-73 shall constitute a debt, liability or general obligation of the state or any political subdivision thereof (other than the company), or a pledge of the faith and credit of the state or any political subdivision thereof (other than the company), but shall be payable solely as provided by the company. No member or officer of the board of directors of the company nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. Each bond issued under Sections 37-145-43 through 37-145-73 shall contain on the face thereof a statement that neither the state, nor any other political subdivision thereof, shall be obligated to pay the same or the interest thereon or other costs incident thereto except from the revenue or money pledged by the company and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such bond.

HISTORY: Laws, 1992, ch. 475, § 23, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-47. Issuance of student loan revenue bonds.

The bonds issued pursuant to Sections 37-145-43 through 37-145-73 shall be authorized by a resolution of the company, shall bear such date or dates, and shall mature at such time or times as such resolution may provide, except that no bond shall mature more than thirty (30) years from the date of issue. Bonds which are not subject to taxation shall bear interest at such rate or rates not exceeding that authorized by Section 75-17-103, including variations of such rates, be in such denominations, be in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, including redemption prior to maturity, as such resolution may provide. Except as expressly provided otherwise in Sections 37-145-43 through 37-145-73, the provisions of other laws of the state relating to the issuance of revenue bonds shall not apply to bonds issued by the company. As to bonds issued hereunder and designated as taxable bonds by the company, any immunity to taxation by the United States government of interest on such bonds or notes is hereby waived. Bonds of the company may be sold by the company at public or private sale, from time to time, and at such price or prices as the company shall determine.

HISTORY: Laws, 1992, ch. 475, § 24, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-49. Terms and conditions related to student loan revenue bonds and their issuance.

Any resolution authorizing the issuance of bonds pursuant to Sections 37-145-43 through 37-145-73 may contain provisions as to:

Pledging all or any part of the revenues of the company to secure the payment of the bonds subject to the terms of the proceedings relating to other bonds of the company as may then exist;

Pledging all or any part of the assets of the company, including the Mississippi Opportunity Loan Fund, including loans and obligations securing the same, to secure the payment of the bonds, subject to the terms of the proceedings relating to other bonds of the company as may then exist;

The use and disposition of the gross income from loans owned by the company and payment of the principal of loans owned by the company;

The setting aside of reserves or sinking funds and the regulations and disposition thereof;

Limitations on the purposes to which the proceeds from the sale of bonds may be applied and pledging the proceeds to secure the payment of the bonds;

Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;

The procedure, if any, by which the terms of any of the proceedings under which the bonds are being issued may be amended or abrogated, the number or percentage of bondholders who or which must consent thereto, and the manner in which the consent may be given;

The vesting in a trustee or trustees of such property, rights, powers and duties in trust as the company may determine, and limiting or abrogating the right of bondholders to appoint a trustee or limiting the rights, powers and duties of the trustee;

Defining the act or omissions to act which shall constitute a default and the obligations or duties of the company to the holders of the bonds, and providing for the rights and remedies of the holders of the bonds in the event of default, which rights and remedies may include the general laws of the state and other provisions of Sections 37-145-43 through 37-145-73; or

Any other matter, of like or different character, which in any way affects the security or protection of the holders of the bonds.

HISTORY: Laws, 1992, ch. 475, § 25, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-51. Pledge upon student loan revenue bonds.

Any pledge made by the company shall be valid and binding from the time when the pledge was made. The revenues or properties so pledged and thereafter received by the company shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the company, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

HISTORY: Laws, 1992, ch. 475, § 26, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-53. Purchase of student loan revenue bonds by issuing company.

The company, subject to the provisions in proceedings relating to outstanding bonds as may then exist, may purchase bonds out of any funds available therefor, which shall thereupon be cancelled, at any reasonable price which, if the bonds are then redeemable, shall not exceed the redemption price (and premium, if any) then applicable plus accrued interest to the redemption date thereof.

HISTORY: Laws, 1992, ch. 475, § 27, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation,’ see §37-145-3.

§ 37-145-55. Security for student loan revenue bonds.

The bonds may be secured by an indenture by and between the company and a corporate trustee which may be any bank or other corporation having the power of a trust company or any trust company within or without this state. Such indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the company in relation to the exercise of its powers.

HISTORY: Laws, 1992, ch. 475, § 28, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-57. Validity and sufficiency of signatures upon bonds.

In the event that any of the members or officers of the board of directors of the company shall cease to be members or officers of the board prior to the delivery of any bonds signed by them, their signatures or facsimiles thereof shall nevertheless be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery.

HISTORY: Laws, 1992, ch. 475, § 29, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-59. Funds and accounts to carry out provisions relating to student loan revenue bonds.

The company may create and establish such funds and accounts as may be necessary or desirable for its purposes pursuant to Sections 37-145-43 through 37-145-73.

HISTORY: Laws, 1992, ch. 475, § 30, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-61. Issuer authorized to contract with bondholders; trusts and security for payment of bonds.

The company shall have the power to contract with the holders of any of its bonds as to the custody, collection, securing, investment and payment of any money of the company, and of any money held in trust or otherwise for the payment of bonds, and to carry out such contract. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as money of the company, and all banks and trust companies are authorized to give security for the deposits.

HISTORY: Laws, 1992, ch. 475, § 31, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-63. Subsequent amendments not to limit vested rights of bondholders.

Subsequent amendments to Sections 37-145-43 through 37-145-73 shall not limit the rights vested in the company with respect to any agreements made with, or remedies available to, the holders of bonds issued under Sections 37-145-43 through 37-145-73 prior to the enactment of the amendments until the bonds, together with all interest thereon, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.

HISTORY: Laws, 1992, ch. 475, § 32, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-65. Payment of expenses of company issuing bonds; no state or public liability or indebtedness.

All expenses incurred by the company in carrying out the provisions of this chapter shall be payable from funds in the Mississippi Opportunity Loan Fund, and nothing in Sections 37-145-43 through 37-145-73 shall be construed to authorize the company to incur indebtedness or liability on behalf of or payable by the state or any other political subdivision thereof.

HISTORY: Laws, 1992, ch. 475, § 33, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

Mississippi Opportunity Loan Fund, see §37-145-7.

§ 37-145-67. Public function; student loan revenue bond income tax exempt.

The company is hereby declared to be performing a public function and to be a public body corporate and a political subdivision of the state. Accordingly, the income, including any profit made on the sale thereof from all bonds issued by the company pursuant to Sections 37-145-43 through 37-145-73, shall at all times be exempt from all taxation by the state or any public subdivision thereof. If, after all indebtedness and other obligations of the company are discharged the company is dissolved, its remaining assets shall inure to the benefit of the state.

HISTORY: Laws, 1992, ch. 475, § 34, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-69. Student loan revenue bonds legal investments and securities.

The bonds issued by and under the authority of Sections 37-145-43 through 37-145-73 by the company are declared to be legal investments in which all public officers or public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may later be authorized to invest in bonds or in other obligations of the state, may invest funds, including capital, in their control or belonging to them. Such bonds are also hereby made securities which may be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may be later authorized by law.

HISTORY: Laws, 1992, ch. 475, § 35, eff from and after passage (approved May 6, 1992).

Cross References —

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-71. Borrowing funds to support guaranty student loan function; limit on obligation; debt solely that of board of trustees.

The board of trustees is authorized to borrow funds from public or private sources under such provisions pertaining to rates of interest, repayment schedules, collateral and other requirements as may be approved by the board of trustees for the support of the guaranty student loan function of the board. The obligations so incurred by the board of trustees shall be limited to the amount of indebtedness as may be supported by revenues available from the board’s guaranty student loan function and such obligations shall not constitute a debt, liability or general obligation of the state or any political subdivision thereof (other than the board of trustees), or a pledge of the faith and credit of the state or any political subdivision thereof (other than the board of trustees), but shall be payable solely as provided by the board of trustees.

HISTORY: Laws, 1992, ch. 475, § 36, eff from and after passage (approved May 6, 1992).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Company defined as Mississippi Business Finance Corporation, see §37-145-3.

§ 37-145-73. Guarantee reserve funds.

In addition to any other funds it may establish, the board of trustees may, by resolution, establish one or more special funds pursuant to this section, referred to herein as “guarantee reserve funds,” and may pay into such reserve funds:

Any moneys appropriated and made available by the state for the purposes of such guarantee reserve fund;

Any proceeds from the sale of notes or bonds to the extent provided in the resolutions of the board of trustees authorizing the issuance thereof;

Any moneys which may be made available to the board of trustees from any other sources for the purposes of such guarantee reserve fund; and

Any income or interest earned by, or increment to, any reserve fund due to investment shall be deposited in the reserve fund.

The board of trustees may by resolution provide for the establishment of a guarantee reserve fund requirement for any guarantee reserve fund established pursuant to this section.

The board of trustees shall, on or before January 1 of each year, make and deliver to the Governor of the state a certificate stating the sum, if any, required to restore the guarantee reserve fund to the fund requirement. The Governor shall transmit to the State Legislature a request for the amount, if any, required to restore the guarantee reserve fund to the required funding level. The State Legislature may, but shall not be required to, make any such appropriations so requested. All sums appropriated by the State Legislature for such restoration and paid shall be deposited by the board of trustees in the guarantee reserve fund.

Any moneys appropriated by the State Legislature for the purposes of the guarantee reserve fund established pursuant to this section shall not revert to the General Fund of the state at the end of any fiscal year.

HISTORY: Laws, 1992, ch. 475, § 37, eff from and after passage (approved May 6, 1992).

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Chapter 146. Mississippi Rural Dentists Scholarship Program

§ 37-146-1. Mississippi Rural Dentists Scholarship Program established.

There is established the Mississippi Rural Dentists Scholarship Program for the purpose of identifying and recruiting qualified university and college students from rural areas of the state for dental school matriculation. The program shall consist of three (3) distinct phases through which participants will progress, including:

Undergraduate pre-dental education;

Dental school and residency; and

Initial entry into dental practice in a rural or underserved area of the State of Mississippi.

HISTORY: Laws, 2013, ch. 397, § 1, eff from and after July 1, 2013.

§ 37-146-3. Mississippi Rural Dentists Scholarship Commission; compensation; program funding.

  1. The Mississippi Rural Dentists Scholarship Program shall be administered by a commission to be known as the “Mississippi Rural Dentists Scholarship Commission.” The commission shall be directed by a board composed of the following members:
    1. Two (2) dentists appointed by and from the membership of the Mississippi Dental Association, the term of which shall be three (3) years and who may be reappointed for one (1) additional term;
    2. One (1) dentist appointed by and from the membership of each of the following organizations, the term of which shall be three (3) years and who may be reappointed for one (1) additional term:
      1. Mississippi Dental Society;
      2. Mississippi Academy of General Dentistry; and
      3. Mississippi Chapter, American Academy of Pediatric Dentistry;
    3. Two (2) designees of the Dean of the University of Mississippi School of Dentistry whose terms are at the discretion of the dean, at least one (1) of whom is a member of the University of Mississippi School of Dentistry Admissions Committee; and
    4. Two (2) dental students, one (1) of whom shall be selected yearly through a process developed by the Dean of the School of Dentistry in consultation with the chairs of the various departments.
  2. The pre-professional advisors from the accredited four-year colleges and universities in the State of Mississippi shall comprise an advisory committee to the commission in the administration of the Mississippi Rural Dentists Scholarship Program.
  3. Vacancies on the commission must be filled in a manner consistent with the original appointments.
  4. All appointments to the commission must be made no later than September 1, 2013. After the members are appointed, the Program Director of the Mississippi Rural Dentists Scholarship Program shall set a date for the organizational meeting that is mutually acceptable to the majority of the commission members. The organizational meeting shall be for the purposes of organizing the commission and establishing rules for transacting its business. A majority of the members of the commission shall constitute a quorum at all commission meetings. An affirmative vote of a majority of the members present and voting shall be required in the adoption of rules, reports and in any other actions taken by the commission. At the organizational meeting, the commission shall elect a chair and vice chair from the members appointed according to paragraphs (a) through (d) of subsection (1). The chair shall serve for a term of two (2) years, upon the expiration of which, the vice chair shall assume the office of chair.
  5. After the organizational meeting, the commission shall hold no less than two (2) meetings annually.
  6. The commission may form an executive committee for the purpose of transacting business that must be conducted before the next regularly scheduled meeting of the commission. All actions taken by the executive committee must be ratified by the commission at its next regularly scheduled meeting.
  7. Members of the commission shall serve without compensation but may be reimbursed, subject to the availability of funding, for mileage and actual and necessary expenses incurred in attending meetings of the commission, as provided in Section 25-3-41.
  8. Funding for the establishment and continued operation of the program and commission shall be appropriated out of any money in the State General Fund not already appropriated to the University of Mississippi Medical Center.

HISTORY: Laws, 2013, ch. 397, § 2, eff from and after July 1, 2013.

§ 37-146-5. Powers and duties of commission.

The Mississippi Rural Dentists Scholarship Commission shall have the following powers and duties:

Developing the administrative policy for the commission and the Mississippi Rural Dentists Scholarship Program;

Promulgating rules and regulations, with the advice and consent of the University of Mississippi Medical Center, pertaining to the implementation and operation of the Rural Dentists Scholarship Program;

Developing and implementing strategies and activities for the identification and recruitment of students and for marketing the program and for the implementation of the program. In developing these strategies, the board shall seek the input of various organizations and entities.

Establishing a budget, with the advice and consent of the University of Mississippi Medical Center, to support the activities of the program and periodically reviewing and if appropriate, revising, the scholarship and other stipends offered through the program;

Advising the University of Mississippi Medical Center regarding hiring appropriate staff necessary to work in conjunction with the Executive Director of the Mississippi Rural Physicians Scholarship Program.

Reviewing participants’ progress in the program and mentoring students and dentists participating in the program;

The commission shall have the authority through use of generally applicable definitions, to designate an area of the state as underserved or rural. The method by which these designations shall be made shall be contained in rules and regulations promulgated by the commission.

HISTORY: Laws, 2013, ch. 397, § 3, eff from and after July 1, 2013.

§ 37-146-7. Identification and recruitment of undergraduate participants; designation of underserved or rural area; applicant qualifications; maximum number of new admissions per year.

  1. The commission shall develop and implement policies and procedures designed to recruit, identify and enroll undergraduate students who demonstrate necessary interest, commitment, aptitude and academic achievement to pursue careers as dentists in rural or dentally underserved areas of Mississippi, and to develop and implement the programs designed to foster successful entry of participants into dental school, completion of dental school, and establishment and maintenance of a career in dentistry in a rural or underserved area of Mississippi.
  2. The commission shall have the authority through use of generally applicable definitions, to designate an area of the state as underserved or rural.
  3. The commission, in conjunction with the University of Mississippi Medical Center, shall have the authority to provide students selected for scholarship funding with faculty mentors and other programs designed to enhance the students’ likelihood of admission to the dental school. The commission and the University of Mississippi Medical Center will develop coursework that will help provide scholarship students with the skills necessary for sustained and successful dental practice in rural Mississippi.
  4. Each applicant for admission to the program must submit an application to the commission that conforms to requirements established by the commission.
  5. In selecting participants for the program, the board may only accept an applicant if his or her academic record and other characteristics, if given consideration by the University of Mississippi School of Dentistry Admissions Committee, would be considered credible and competitive.
  6. An applicant for the program may be admitted only upon a majority vote of the members of the commission.
  7. Up to three (3) students will be admitted to the Mississippi Rural Dentists Scholarship Program each year.

HISTORY: Laws, 2013, ch. 397, § 4, eff from and after July 1, 2013.

§ 37-146-9. Participants to adhere to program policies and practices to remain in program; forgiveness or repayment of financial assistance under certain circumstances.

  1. Participants must adhere to the policies and practices as stipulated by the commission to continue in the program.
  2. Students in the program may receive tuition or other financial support that may be provided by the commission. If a student in the program is admitted to and completes dental school, any tuition or other educational and living support provided to the student by the commission will be forgiven. However, if the student is not successful in being accepted into dental school within three (3) years of entry into the Mississippi Rural Dentists Scholarship Program, or if the student otherwise breaches his or her agreement with the commission, all financial assistance provided to the student must be repaid according to policies adopted by the board.

HISTORY: Laws, 2013, ch. 397, § 5, eff from and after July 1, 2013.

§ 37-146-11. Participants may apply to any accredited dental school in Mississippi; early admissions process for students applying to University of Mississippi School of Dentistry.

  1. Students in the program may apply to the Mississippi Dental School.
  2. Students in the program seeking admission to the University of Mississippi School of Dentistry shall be eligible for the admissions process pursuant to criteria established by the School of Dentistry Admissions Committee which will include consideration of the attributes of participation in the program.
  3. In carrying out the admissions process developed for the Mississippi Rural Dentists Scholarship Program participants under this section, the goal is for the program to work with the School of Dentistry to enhance the capability of participants to successfully enter and complete dental school and enter practice in rural or underserved areas in Mississippi. To the extent feasible, the early admissions process should be completed before December 1 of the year preceding a student’s admission to dental school.

HISTORY: Laws, 2013, ch. 397, § 6, eff from and after July 1, 2013.

§ 37-146-13. Ongoing financial support for program participants who attend dental school; preference for ongoing support to University of Mississippi School of Dentistry students; students obligated for one year of practice for every year of financial assistance received.

  1. Subject to the availability of funding, students in the program who successfully matriculate to dental school are eligible for ongoing financial support in accordance with policies and requirements of the commission and in accordance with the applicable laws and regulations. The number of students to be supported at the University of Mississippi School of Dentistry and at other schools will be established by policy prescribed by the commission.
  2. Subject to the availability of funding, students enrolled at the University of Mississippi School of Dentistry may receive tuition support, funding to assist with the cost of books and a living stipend, as prescribed by policy of the commission and in accordance with applicable regulations. Preferences for ongoing funding must be given to those students admitted to the University of Mississippi School of Dentistry.
  3. For each year that a student in dental school receives financial assistance, the student is obligated for one (1) year of practice as a dentist in a rural or underserved area in Mississippi. Breach of the agreement at any stage of training shall invoke the repayment of all financial assistance provided to the student through the Mississippi Rural Dentists Scholarship Program along with other penalties that may be prescribed in policy by the commission.

HISTORY: Laws, 2013, ch. 397, § 7, eff from and after July 1, 2013.

§ 37-146-15. [Reserved].

  1. Upon completion of dental school and/or a dental residency program approved by the commission, a participant in the Mississippi Rural Dentists Scholarship Program must proceed to enter the full-time practice of dentistry in a rural or underserved area in Mississippi, as defined by the commission and consistent with generally acceptable designations. If an area experiences significant changes in its dental or general community which are not reflected by dental health professional shortage area (HPSA), the commission may receive testimony and, in its discretion, may qualify the area as a dentally underserved or rural area to allow the program participant to fulfill his or her practice obligation.
  2. Upon entering the practice of dentistry, a participant in the program must serve in a dental health professional shortage area (HPSA) or rural area otherwise approved for practice under subsection (1) of this section for a number of years which corresponds to the number of years, not to exceed five (5), for which the participant received funding through the program. Any participant who fails to complete the period of practice for which he or she is obligated to provide services in a dental health professional shortage area (HPSA) or rural area in exchange for financial assistance received through the Mississippi Rural Dentists Scholarship Program shall be liable for the repayment of all financial assistance provided to the participant through the program, along with other penalties that may be prescribed by the commission, an amount which shall be reduced on a pro rata basis for actual years of practice by the dentist in the area designated by the commission.

HISTORY: Laws, 2013, ch. 397, § 8, eff from and after July 1, 2013.

§ 37-146-19. Initial practice entry support system for program participants.

The Mississippi Rural Dentists Scholarship Program, acting through the commission, shall make an effort to establish an initial practice entry support system for participants in the program.

HISTORY: Laws, 2013, ch. 397, § 9, eff from and after July 1, 2013.

§ 37-146-21. Limitation of program and commission governing and administrative authority.

This chapter may not be construed as granting the Mississippi Rural Dentists Scholarship Program or its governing commission any governing or administrative authority over any program administered by any college, university, dental school or residency program in this state or any other program established by state law.

HISTORY: Laws, 2013, ch. 397, § 10, eff from and after July 1, 2013.

§ 37-146-17. Program participants required to enter practice of dentistry in health professional shortage, rural or underserved area upon completion of residency for number of years corresponding to number of years assistance received up to maximum of five years; breach of contract; liability for repayment.

Chapter 147. Mississippi University Research Authority Act

§ 37-147-1. Short title.

This chapter shall be known and may be cited as the “Mississippi University Research Authority Act.”

HISTORY: Laws, 1992, ch. 530, § 1, eff from and after July 1, 1992.

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

§ 37-147-3. Mississippi University Research Authority established; purpose.

There is hereby created and established the Mississippi University Research Authority to promote the public welfare and prosperity of the people of Mississippi and foster economic development within the state by forging links among the state’s educational institutions, businesses and industrial communities and state government through the development of cooperative ventures of innovative technological significance which will advance education, research or economic development within the state.

HISTORY: Laws, 1992, ch. 530, § 2, eff from and after July 1, 1992.

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

§ 37-147-5. Definitions.

The following words shall have the meaning ascribed herein unless the context clearly requires otherwise:

“Act” means the Mississippi University Research Authority Act;

“Authority” means the entity created pursuant to this act;

“Board” means the Board of Trustees of State Institutions of Higher Learning;

“Technological innovations” means research, development, prototype assembly, manufacture, patenting, licensing, marketing and sale of inventions, ideas, practices, applications, processes, machines, technology and related property rights of all kinds; and

“University” means a Mississippi educational institution established pursuant to the provisions of Section 213A of the 1890 Constitution of the State of Mississippi.

“Intellectual property” means any formula, pattern, compilation, program, device, method, technique or process created primarily as a result of the research effort of an employee or employees of an institution of higher learning of the State of Mississippi.

HISTORY: Laws, 1992, ch. 530, § 3, eff from and after July 1, 1992.

Cross References —

Constitutional provisions pertaining to state institutions of higher learning, see Miss. Const. Art. 8, § 213A.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

§ 37-147-7. Composition of Authority.

The authority shall be composed of the following members: five members appointed by the Board from among the chief research officers of the eight institutions of higher learning, to serve at the will and pleasure of the board; the vice-president of the board during the term of his office; the Director of the Department of Economic and Community Development, or his designee; the President of the Mississippi Resource Development Corporation, a non-profit corporation organized and operating under the laws of the State of Mississippi; and the Commissioner of Higher Education as an ex-officio, non-voting member.

HISTORY: Laws, 1992, ch. 530, § 4, eff from and after July 1, 1992.

§ 37-147-9. Executive director of authority.

The authority shall select an executive director who shall be the administrative officer of the authority and shall perform such duties as are required of him by law and such other duties as may be assigned by the authority. The executive director shall possess such qualifications as may be established by the authority. He shall receive such compensation as may be fixed by the authority.

The executive director, with the approval of the authority, shall employ such technical, professional and clerical help as may be authorized by the authority; and the authority, upon recommendation of the executive director, shall define the duties and fix the compensation of such employees.

HISTORY: Laws, 1992, ch. 530, § 5; Laws, 2011, ch. 406, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment substituted “such qualifications as may be established by the authority” for “a terminal degree from an accredited university and must have a demonstrated record of experience in the field of university research programs, organizational management and research grant management” in the second sentence of the first paragraph.

§ 37-147-11. University ties with and interest in private entities; application; Authority permission.

  1. Notwithstanding any other provision of state law, an officer or employee of a university, except any chief executive officer, any chief financial officer, any chief research officer or any member of the authority, may, pursuant to subsections (2) and (3) of this section, apply to the authority which, under policies, rules and regulations established by the authority, may grant permission to establish and maintain a material financial interest in a private entity which provides or receives equipment, material, supplies or services in connection with the university in order to facilitate the transfer of technological innovations from the university to commercial and industrial enterprises for economic development.
  2. To receive consideration for permission pursuant to subsection (1) of this section, the officer or employee of the university must first receive approval in writing from the chief executive officer, or his designee, of the university at which he is employed. The chief executive officer may grant approval to the officer or employee only if all the following conditions are met:
    1. The officer or employee provides a detailed description of his interest in the private entity to the chief executive officer;
    2. The nature of the undertaking or enterprise is fully described to the chief executive officer;
    3. The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking may benefit the economy of this state;
    4. The officer or employee demonstrates to the satisfaction of the chief executive officer that the proposed undertaking will not adversely affect research, public service or instructional activities at the university; and
    5. The officer’s or employee’s interests in the private entity, or benefit from the interest, will not adversely affect any substantial state interest.
  3. The authority may authorize an officer or employee of a university to establish and maintain a material financial interest in a private entity if all of the following conditions are met:
    1. The application as set forth in subsection (2) of this section is approved by the chief executive officer of the university at which the applying officer or employee is employed;
    2. The authority enters such application upon its minutes and reaches positive findings:
      1. That the application contains an adequately detailed description of the officer’s or employee’s interest in the private entity;
      2. That the application contains a detailed description of the proposed undertaking or enterprise that is sufficient;
      3. That the authority is satisfied that the proposed undertaking will benefit the economy of the state;
      4. That the authority is satisfied that the proposed venture will not adversely affect research, public service or instructional activities at the university; and
      5. That the officer’s or employee’s interests in the private entity, or benefit from the interest, will not adversely affect any substantial state interest.
  4. On the recommendation of the authority, the chief executive officer of the university at which the officer or employee is employed may require that the university or the university’s research corporation have a share in any royalties or shares or other proceeds or equity positions from the proposed undertaking of the private entity.
  5. The authority may establish policies, rules and regulations for the implementation of this section.

HISTORY: Laws, 1992, ch. 530, § 6; Laws, 2015, ch. 302, § 1, eff from and after July 1, 2015.

Amendment Notes —

The 2015 amendment substituted “transfer of technological innovations” for “transfer of technology developed by the officer or employee of the university” in (1); and made minor stylistic changes.

§ 37-147-13. Powers of Authority.

The authority shall have the power to implement and further the purposes of the Mississippi University Research Authority Act including the power:

To lease, sell, exchange or transfer to a university or university research corporation personal property, money or other assets on terms and conditions established by the authority which are fair, just and reasonable to the authority and the university involved and to enter into any other contract or agreement with the university research corporation or other private entity.

To conduct, sponsor, finance and contract in connection with technological innovations of all kinds.

To receive gifts, grants and donations of money, personal property or other assets of any kind from any source.

To do anything else which the authority deems appropriate to further the purposes of the Mississippi University Research Authority Act.

HISTORY: Laws, 1992, ch. 530, § 7, eff from and after July 1, 1992.

§ 37-147-15. University formed research corporations.

  1. With the approval of the Board of Trustees of State Institutions of Higher Learning, any university may form, pursuant to the provisions of the Mississippi Nonprofit Corporation Act or the Mississippi Business Corporation Act, one or more research corporations, separate and apart from the state and the university, to promote, develop and administer enterprises arising from research or technological innovations in order to take advantage of opportunities of scientific, educational and economic development.
  2. Each such corporation shall be governed by, and all of the functions, powers and duties of it shall be exercised by, a board of directors appointed by the president of the university. Members of the board of directors may include the president of the university, officers and employees of the university, and other persons selected by the president of the university. Officers and employees of the university may have ownership or financial interests in such corporations.
  3. The board of directors of each such corporation shall adopt bylaws, in accordance with the provisions of the Mississippi Nonprofit Corporation Act or the Mississippi Business Corporation Act, as appropriate, governing the conduct of the corporation in the performance of its duties under its charter and this act.

HISTORY: Laws, 1992, ch. 530, § 8, eff from and after July 1, 1992.

Cross References —

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Mississippi Business Corporation Act, see §§79-4-1.01 et seq.

Mississippi Nonprofit Corporation Act, see §§79-11-101 et seq.

Chapter 148. Strengthening Mississippi Academic Research Through Business Act

§ 37-148-1. Short title.

This chapter shall be known and may be cited as the “Strengthening Mississippi Academic Research Through Business Act.”

HISTORY: Laws, 2013, ch. 540, § 1, eff from and after July 1, 2013.

§ 37-148-3. Definitions.

As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

“College” means the state institutions of higher learning in Mississippi which are accredited by the Southern Association of Colleges and Schools.

“Investor” means a natural person, partnership, limited liability company, association, corporation, business trust or other business entity, not formed for the specific purpose of acquiring the rebate offered, which is subject to Mississippi income tax or franchise tax.

“Qualified research” means the systematic investigative process that is undertaken for the purpose of discovering information. The term “qualified research” does not include research conducted outside the State of Mississippi or research to the extent funded by any grant, contract or otherwise by another person or governmental entity.

“Research agreement” means a written contract, grant or cooperative agreement entered into between a person and a college or research corporation for the performance of qualified research; however, all qualified research costs generating a rebate must be spent by the college or research corporation on qualified research undertaken according to a research agreement.

“Research corporation” means any research corporation formed under Section 37-147-15 if the corporation is wholly owned by a college and all income and profits of the corporation inure to the benefit of the college.

“Qualified research costs” means costs paid or incurred by an investor to a college or research corporation for qualified research undertaken according to a research agreement.

“State” means the State of Mississippi or a governmental entity of the State of Mississippi.

“IHL” means the Board of Trustees of State Institutions of Higher Learning in Mississippi.

“SMART Business” means Strengthening Mississippi Academic Research Through Business.

HISTORY: Laws, 2013, ch. 540, § 2, eff from and after July 1, 2013.

§ 37-148-5. Eligibility for rebate for qualified research costs; application; claiming rebate; audit.

    1. Subject to the provisions of this chapter, an investor incurring qualified research costs subject to a research agreement is eligible for a rebate equal to twenty-five percent (25%) of the investor’s qualified research costs.
    2. An investor incurring research costs may not claim a rebate pursuant to this chapter greater than One Million Dollars ($1,000,000.00) in any fiscal year.
    3. The total amount of rebates issued under this chapter by the state in any fiscal year may not exceed Five Million Dollars ($5,000,000.00).
  2. Investors desiring to apply for the rebate authorized by this chapter shall submit an application to IHL which must contain, at a minimum, the following:
    1. A description of the qualified research to be conducted by the college or research corporation;
    2. A proposed budget;
    3. An estimated date for completion of the qualified research; and
    4. Such additional information as may be requested by IHL.
  3. IHL shall review each application to determine if the investor has satisfied all of the requirements of this section.
  4. Within sixty (60) days of receiving an application, IHL shall issue or refuse to issue a SMART Business certificate. The SMART Business certificate must include the amount of the rebate the investor is eligible to claim, subject to subsection (1) of this section. IHL must notify the Department of Revenue when a SMART Business certificate is issued.
  5. To claim a rebate, the investor must submit a rebate allocation claim to the Department of Revenue. The rebate allocation claim must include, at a minimum, the SMART Business certificate issued by IHL and proof of payment to the college or research corporation for qualified research conducted according to the research agreement.
  6. The Department of Revenue may request an audit from the investor submitting a rebate allocation claim, at the investor’s expense, to verify the investor has satisfied the requirements of this chapter.
  7. The Department of Revenue shall issue rebates available under this section from current income tax collections.
  8. Rebates must be allocated to investors by the Department of Revenue in the order that SMART Business certificates are issued by IHL.

HISTORY: Laws, 2013, ch. 540, § 3, eff from and after July 1, 2013.

§ 37-148-7. Promulgation of rules and regulations.

IHL and the Department of Revenue each may promulgate, in accordance with the Mississippi Administrative Procedures Law, rules and regulations, application forms and any other forms necessary for the implementation and administration of this chapter.

HISTORY: Laws, 2013, ch. 540, § 4, eff from and after July 1, 2013.

§ 37-148-9. Annual report on implementation of chapter.

Before December 1 of each year, IHL shall file a report with the Governor, Secretary of the Senate and Clerk of the House of Representatives on the implementation of the Strengthening Mississippi Academic Research Through Business Act. For each research agreement where an investor was issued a SMART Business certificate during that year, the report must include, but not necessarily be limited to, the name of the investor and the rebate amount the investor was eligible to claim.

HISTORY: Laws, 2013, ch. 540, § 5, eff from and after July 1, 2013.

Chapter 149. Mississippi Teacher Center

§ 37-149-1. Mississippi Teacher Center established; staff; steering committee; duties; legislative findings; Mississippi Troops to Teachers pilot program established; collaboration with national program; status report.

  1. There is established within the State Department of Education, the Mississippi Teacher Center for the purpose of insuring that the children of our state are taught by quality professionals. The center shall serve as an interagency center focused on teacher recruitment, enhanced training and initial instructional support.
  2. The center shall have a staff which shall consist of one (1) director, one (1) administrative assistant and professional teacher recruiters. A steering committee shall be established which shall consist of one (1) member from each of the following: the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the State Board of Education, the Board of the Mississippi Association of Independent Colleges, the Board of the Mississippi Association of Colleges of Teacher Education, trustees of the local school boards, teachers and the private sector. The members of the steering committee shall be appointed by the State Superintendent with the approval of the board. The steering committee shall direct the work and establish policies for the purpose of operating the center.
  3. The center shall provide leadership for the following initiatives:
    1. The initiation and monitoring of high school programs for teacher recruitment;
    2. The initiation and monitoring of college level programs for teacher recruitment;
    3. The establishment of a Beginning Teacher/Mentoring program, as authorized in Sections 37-9-201 through 37-9-213;
    4. The sponsorship of a teacher renewal institute;
    5. The continuation of the Teacher Corps program;
    6. The enhancement of the William Winter Scholarship program;
    7. Research for the development of professional teaching standards;
    8. Provide additional scholarships for any targeted populations needing potential teachers; and
    9. Provide assistance to local school districts in identifying and locating specific teacher needs.
    1. The Legislature recognizes that a highly qualified teacher in every public classroom in this state is fundamental to a quality education. The Legislature also recognizes that Mississippi has a serious shortage of qualified teachers to serve in the public schools of this state and that it has a responsibility to enact public policy in an effort to remedy that shortage of qualified teachers.
    2. There is hereby established a Mississippi “Troops to Teachers” pilot program in the State Department of Education to assist in the recruitment, licensure, referral, placement and compensation of military personnel interested in beginning a second career in public education as a teacher. The Teacher Center in the State Department of Education shall collaborate with the national “Troops to Teachers” program to establish the criteria and procedures for allocation of funds provided by the federal government to administer the pilot program to ensure the most effective placement of such teachers around the state taking into consideration the degree of teacher shortage in each school district.
    3. The Legislature shall appropriate funds necessary for the support of this pilot program which will not supplant federal funds provided for that purpose. The Office of the Governor shall transfer any federal funds provided for the Mississippi “Troops to Teachers” program to the State Department of Education for the administration of this program.
    4. The Department of Education shall report to the Legislature no later than January 1, 2009, on the status of the implementation of the Mississippi “Troops to Teachers” program and the need for its continuation.

HISTORY: Laws, 1994, ch. 534, § 1; Laws, 1995, ch. 427, § 6; Laws, 1998, ch. 544, § 4; Laws, 2008, ch. 475, § 1; Laws, 2014, ch. 397, § 46, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2008 amendment added (4).

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2).

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

William F. Winter Teacher Scholar Loan Program, see §37-143-11.

§ 37-149-3. Mississippi Teacher Center; goals and functions.

  1. The center shall place a priority on its function as a teacher recruitment center. In addition to its other duties, it shall publicize the importance of the teaching profession, operate a teacher placement service, and create and manage a teacher renewal institute.
  2. The center shall be authorized to phase into operation its designated functions. Full operation of all the functions of the center shall be in place and operating by July 1, 1996.
  3. The center shall develop in-service training materials and shall provide for the establishment of a corps of trainers.

HISTORY: Laws, 1994, ch. 534, § 2, eff from and after July 1, 1994.

§ 37-149-5. Repealed.

Repealed by Laws, 1997, ch. 357, § 1, eff from and after June 29, 1997.

[Laws, 1994, ch. 534, § 3].

Editor’s Notes —

Former §37-149-5 provided for the repeal of §§37-149-1 through37-149-5.

§ 37-149-7. Professional teacher recruiters; appointment; duties.

The State Superintendent of Public Education shall appoint three (3) persons to serve as professional teacher recruiters, who shall have the following duties:

To educate high school students, through oral presentations made on the campuses of all public high schools and the distribution of written materials, on the importance of teaching as a profession, emphasizing the critical need for teachers in certain geographical areas of the state and the availability of financial scholarships to college students in exchange for service as a licensed teacher in such geographical areas under the Critical Needs Teacher Scholarship Program;

To encourage assistant teachers in the public schools to pursue a college education that will enable them to become licensed teachers, informing all assistant teachers of the availability of financial scholarships to both full-time and part-time college students under the Critical Needs Teacher Scholarship Program;

To actively recruit, both within the state and out-of-state, teachers to render service to the state as a licensed teacher in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, while receiving a scholarship to pursue a Master of Education degree or Educational Specialist degree at an institution of higher learning under the University Assisted Teacher Recruitment and Retention Grant Program;

To actively recruit, both within the state and out-of-state, nonpracticing licensed teachers to return to the teaching profession to render service as a licensed teacher in a public school district in a geographical area of the state where there is a critical shortage of teachers, as designated by the State Board of Education;

To actively recruit, both within the state and out-of-state, persons holding a baccalaureate degree in a field other than education who exhibit potential for a career in teaching to pursue a standard teaching license through the alternate teaching route; and

To notify teachers of the availability of special home loans, subject to eligibility for persons who render service to the state as a licensed teacher in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education.

HISTORY: Laws, 1998, ch. 544, § 5, eff from and after passage (approved April 13, 1998).

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Laws, 2008, ch. 416, § 1, provides:

“SECTION 1. The State Department of Education shall conduct a study to determine the need for and the potential benefits of establishing a career ladder opportunity program for assistant teachers employed in the public schools. The study must include suggestions on possible incentives and enhanced salary opportunities for: assistant teachers who continue their education toward the completion of a bachelor’s degree that ultimately leads to the acquisition of a Standard License to teach in Mississippi; and assistant teachers who already possess a bachelor’s degree and take steps that lead to the acquisition of a Standard License to teach. Before December 1, 2008, the department shall submit a report on the findings of this study, including recommendations on the implementation of such a program, to the Chairmen of the House and Senate Education and Appropriations Committees.”

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203.

State Board of Education generally, see §§37-1-1 et seq.

University Assisted Teacher Recruitment and Retention Grant Program, see §37-159-9.

Chapter 151. Mississippi Accountability and Adequate Education Program Act of 1997

In General

§ 37-151-1. Short title.

This chapter shall be known and may be cited as the “Mississippi Accountability and Adequate Education Program Act of 1997.”

HISTORY: Laws, 1994, ch. 581, § 1; Laws, 1997, ch. 612, § 1, eff from and after passage (approved April 23, 1997) [See Editor’s Note]

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Cross References —

Commission on Restructuring the Mississippi Adequate Education Program (MAEP), see §37-152-1 et seq.

§ 37-151-3. Repealed.

Repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

[Laws, 1994, ch. 581, § 2, eff from and after passage (approved April 7, 1994).]

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Former §37-151-3 required the State Department of Education to provide funding projections and comparisons for school districts.

For provisions in effect after July 1, 2002, see Mississippi Adequate Education Program, §§37-151-1 et seq.

§ 37-151-5. Definitions.

As used in Sections 37-151-5 and 37-151-7:

“Adequate program” or “adequate education program” or “Mississippi Adequate Education Program (MAEP)” shall mean the program to establish adequate current operation funding levels necessary for the programs of such school district to meet at least a successful Level III rating of the accreditation system as established by the State Board of Education using current statistically relevant state assessment data.

“Educational programs or elements of programs not included in the adequate education program calculations, but which may be included in appropriations and transfers to school districts” shall mean:

“Capital outlay” shall mean those funds used for the constructing, improving, equipping, renovating or major repairing of school buildings or other school facilities, or the cost of acquisition of land whereon to construct or establish such school facilities.

“Pilot programs” shall mean programs of a pilot or experimental nature usually designed for special purposes and for a specified period of time other than those included in the adequate education program.

“Adult education” shall mean public education dealing primarily with students above eighteen (18) years of age not enrolled as full-time public school students and not classified as students of technical schools, colleges or universities of the state.

“Food service programs” shall mean those programs dealing directly with the nutritional welfare of the student, such as the school lunch and school breakfast programs.

“Base student” shall mean that student classification that represents the most economically educated pupil in a school system meeting the definition of successful, as determined by the State Board of Education.

“Base student cost” shall mean the funding level necessary for providing an adequate education program for one (1) base student, subject to any minimum amounts prescribed in Section 37-151-7(1).

“Add-on program costs” shall mean those items which are included in the adequate education program appropriations and are outside of the program calculations:

“Transportation” shall mean transportation to and from public schools for the students of Mississippi’s public schools provided for under law and funded from state funds.

“Vocational or technical education program” shall mean a secondary vocational or technical program approved by the State Department of Education and provided for from state funds.

“Special education program” shall mean a program for exceptional children as defined and authorized by Sections 37-23-1 through 37-23-9, and approved by the State Department of Education and provided from state funds.

“Gifted education program” shall mean those programs for the instruction of intellectually or academically gifted children as defined and provided for in Section 37-23-175 et seq.

“Alternative school program” shall mean those programs for certain compulsory-school-age students as defined and provided for in Sections 37-13-92 and 37-19-22.

“Extended school year programs” shall mean those programs authorized by law which extend beyond the normal school year.

“University-based programs” shall mean those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq.

“Bus driver training” programs shall mean those driver training programs as provided for in Section 37-41-1.

“Teacher” shall include any employee of a local school who is required by law to obtain a teacher’s license from the State Board of Education and who is assigned to an instructional area of work as defined by the State Department of Education.

“Principal” shall mean the head of an attendance center or division thereof.

“Superintendent” shall mean the head of a school district.

“School district” shall mean any type of school district in the State of Mississippi, and shall include agricultural high schools.

“Minimum school term” shall mean a term of at least one hundred eighty (180) days of school in which both teachers and pupils are in regular attendance for scheduled classroom instruction for not less than sixty-three percent (63%) of the instructional day, as fixed by the local school board for each school in the school district. It is the intent of the Legislature that any tax levies generated to produce additional local funds required by any school district to operate school terms in excess of one hundred seventy-five (175) days shall not be construed to constitute a new program for the purposes of exemption from the limitation on tax revenues as allowed under Sections 27-39-321 and 37-57-107 for new programs mandated by the Legislature.

The term “transportation density” shall mean the number of transported children in average daily attendance per square mile of area served in a school district, as determined by the State Department of Education.

The term “transported children” shall mean children being transported to school who live within legal limits for transportation and who are otherwise qualified for being transported to school at public expense as fixed by Mississippi state law.

The term “year of teaching experience” shall mean nine (9) months of actual teaching in the public or private elementary and secondary schools and shall also include nine (9) months of actual teaching at postsecondary institutions accredited by the Southern Association of Colleges and Schools (SACS) or equivalent regional accrediting body for degree-granting postsecondary institutions. In no case shall more than one (1) year of teaching experience be given for all services in one (1) calendar or school year. In determining a teacher’s experience, no deduction shall be made because of the temporary absence of the teacher because of illness or other good cause, and the teacher shall be given credit therefor. Beginning with the 2003-2004 school year, the State Board of Education shall fix a number of days, not to exceed forty-five (45) consecutive school days, during which a teacher may not be under contract of employment during any school year and still be considered to have been in full-time employment for a regular scholastic term. If a teacher exceeds the number of days established by the State Board of Education that a teacher may not be under contract but may still be employed, that teacher shall not be credited with a year of teaching experience. In determining the experience of school librarians, each complete year of continuous, full-time employment as a professional librarian in a public library in this or some other state shall be considered a year of teaching experience. If a full-time school administrator returns to actual teaching in the public schools, the term “year of teaching experience” shall include the period of time he or she served as a school administrator. In determining the salaries of teachers who have experience in any branch of the military, the term “year of teaching experience” shall include each complete year of actual classroom instruction while serving in the military. In determining the experience of speech-language pathologists and audiologists, each complete year of continuous full-time post master’s degree employment in an educational setting in this or some other state shall be considered a year of teaching experience. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees employed after July 1, 2009, who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided in Section 37-19-7 shall not be applicable to any such retired certificated employee.

(i) The term “average daily attendance” shall be the figure which results when the total aggregate full-day attendance during the period or months counted is divided by the number of days during the period or months counted upon which both teachers and pupils are in regular attendance for scheduled classroom instruction, unless a pupil’s absence is excused due to participation in an activity authorized by the State Board of Education under subparagraph (ii) of this paragraph, less the average daily attendance for self-contained special education classes. For purposes of determining and reporting attendance, a pupil must be present for at least sixty-three percent (63%) of the instructional day, as fixed by the local school board for each school in the school district, in order to be considered in full-day attendance. Prior to full implementation of the adequate education program the department shall deduct the average daily attendance for the alternative school program provided for in Section 37-19-22.

[Repealed]

The term “local supplement” shall mean the amount paid to an individual teacher over and above the adequate education program salary schedule for regular teaching duties.

The term “aggregate amount of support from ad valorem taxation” shall mean the amounts produced by the district’s total tax levies for operations.

The term “adequate education program funds” shall mean all funds, both state and local, constituting the requirements for meeting the cost of the adequate program as provided for in Section 37-151-7.

“Department” shall mean the State Department of Education.

“Commission” shall mean the Mississippi Commission on School Accreditation created under Section 37-17-3.

The term “successful school district” shall mean a Level III school district as designated by the State Board of Education using current statistically relevant state assessment data.

“Dual enrollment-dual credit programs” shall mean programs for potential or recent high school student dropouts to dually enroll in their home high school and a local community college in a dual credit program consisting of high school completion coursework and a credential, certificate or degree program at the community college, as provided in Section 37-15-38(19).

“Charter school” means a public school that is established and operating under the terms of a charter contract between the school’s governing board and the Mississippi Charter School Authorizer Board.

HISTORY: Laws, 1994, ch. 581, § 3; Laws, 1997, ch. 612, § 2; Laws, 2000, ch. 433, § 2; Laws, 2002, ch. 323, § 1; Laws, 2003, ch. 546, § 6; Laws, 2004, ch. 420, § 1; Laws, 2006, ch. 473, § 1; Laws, 2009, ch. 508, § 3; Laws, 2012, ch. 521, § 2; Laws, 2013, ch. 497, § 87; Laws, 2013, ch. 559, § 2; Laws, 2017, ch. 368, § 1, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 87 of ch. 497, Laws of 2013, effective from and after July 1, 2013 (approved April 17, 2013), amended this section. Section 2 of ch. 559, Laws of 2013, effective from and after July 1, 2013 (approved April 25, 2013), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Section 37-19-22 referred to in (e)(v) and (n) was repealed by Laws of 2002, ch. 551, § 6, eff from and after July 1, 2002.

Former subsection (n)(ii), which required the State Board of Education to define activities for which, for purposes of determining and reporting attendance for average daily attendance, an absence must be considered an excused absence, was repealed by its own terms, effective July 1, 2016.

Amendment Notes —

The 2000 amendment inserted the next to last sentence in (m).

The 2002 amendment deleted “proposed” following “program” in (a); and added the last sentence of (m).

The 2003 amendment, in (m), deleted “of this or some other state” in the first sentence; and added the fourth and last sentences.

The 2004 amendment, in the fourth sentence of (m), added “Beginning with the 2003-2004 school year” at the beginning, and substituted “forty-five (45)” for “twenty-five (25).

The 2006 amendment deleted “37-151-3” preceding “37-151-5” in the introductory language; in (a), substituted “meet at least a successful Level III rating” for “meet at least Level III,” and substituted “using current statistically relevant state assessment data” for “through the Mississippi Commission on School Accreditation regardless of the school district’s geographic location”; substituted “the definition of successful” for “Level III accreditation” in (c); and added (t).

The 2009 amendment added the last sentence of (m).

The 2012 amendment added (u).

The first 2013 amendment (ch. 497), added (v).

The second 2013 amendment (ch. 559), substituted “sixty-three percent (63%) of the instructional day, as fixed by the local school board for each school in the school district” for “sixty percent (60%) of the normal school day” at the end of (j); in (n)(i), inserted the subdivision (i) designation and “full-day” near the beginning and inserted language beginning “unless a pupil’s absence” and ending “of this paragraph” and added the second sentence; added (n)(ii).

The 2017 amendment, in the first sentence of (m), inserted “elementary and secondary” preceding “schools” and added “and shall also include…degree-granting postsecondary institutions” thereafter.

Cross References —

Mississippi charter schools generally, see §§37-28-1 et seq.

Transportation of school pupils generally, see §§37-41-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The State Board of Education may adopt a regulation concerning the definition of “adequate education program” to require that Level I or Level II school districts submitting plans for Interim School District Capital Expenditure funds show that their applications are tied to achieving Level III accreditation. Portis, July 16, 1997, A.G. Op. #97-0368.

If a school board determines that the partial time taught by a teacher in separate school years would total at least nine months of actual teaching then the requirements for a year of teaching experience are met; however, if it is clear that the employee was hired by the school district at a specific salary level and was paid accordingly for the work performed, the district may adjust the employee’s level of experience prospectively, but there is no authority that would allow the district to award retroactive pay for work that has already been performed and for which an agreed upon compensation had already been provided. Chaney, Apr. 18, 2003, A.G. Op. 03-0150.

The Legislature intended to include the professional instructional or teaching experience of speech-language pathologists and audiologists in a “clinical setting” in determining their salaries for employment in the schools. This may include instructional or training experience gained in a private hospital. The professional experience in an “educational setting” should be determined on a case-by-case basis upon a review of the type of previous employment of speech-language pathologists and/or audiologists. Stimpson, Nov. 21, 2003, A.G. Op. 03-0549.

Teachers may add a partial year of teaching to another partial year of teaching in non-consecutive and different school years to total nine months of actual teaching to meet the requirements for a year of teaching. Further, teachers are not prohibited from combining partial years taught in different districts to meet the requirement for a year of teaching experience. Shepherd, Dec. 16, 2005, A.G. Op. 05-0586.

§ 37-151-6. Mississippi Adequate Education Program funding.

Effective with fiscal year 2007, the Legislature shall fully fund the Mississippi Adequate Education Program.

HISTORY: Laws, 2006, ch. 473, § 2, eff from and after passage (approved Mar. 24, 2006.).

Editor’s Notes —

Laws of 2006, ch. 473, § 3 provided as follows:

“SECTION 3. (1) If sufficient funds are not available to fully fund the Mississippi Adequate Education Program (MAEP) for any of the fiscal years 2007, 2008 or 2009, the Legislature shall provide not less than the following amounts to fund the MAEP for those fiscal years: For fiscal year 2007, the amount shall be not less than One Billion Nine Hundred Seventy-three Million Forty thousand One Hundred Twelve Dollars ($1,973,040,112.00); for fiscal year 2008, the amount shall be not less than Two Billion Thirty-seven Million Two Hundred Twenty-six Thousand Five hundred Eighty-four Dollars ($2,037,226,584.00); and for fiscal year 2009, the amount shall be not less than Two Billion One hundred One Million Four Hundred Thirteen Thousand Fifty-six Dollars ($2,101,413,056.00). For fiscal year 2010, the Legislature shall provide not less than Two Billion One Hundred Sixty-five Million Five Hundred Ninety-nine Thousand Five Hundred Twenty-eight Dollars ($2,165,599,528.00) to fund the MAEP. The minimum amounts required by this section for the MAEP do not include the costs associated with other state mandated costs such as, but not limited to, teacher pay raises, increased costs of insurance and increased costs of employer contributions to the Public Employees’ Retirement System, and any such associated costs increases shall be funded separately and in addition to the minimum amounts required by this section.

“(2) If sufficient funds are not available to fully fund the MAEP for any of the fiscal years 2007, 2008 or 2009, the funds required to be provided to school districts under this section shall be allocated and prorated using average daily attendance (ADA) for months one (1) through nine (9) of the second preceding year or months two (2) and three (3) of the preceding year, whichever is greater, for fiscal year 2007, 2008 or 2009, as the case may be. For fiscal year 2010, allocation of funds shall be based on months two (2) and three (3) ADA.

“(3) If sufficient funds are not available to fully fund the MAEP for any of the fiscal years 2007, 2008 or 2009, school districts experiencing at least three (3) consecutive years of growth in ADA shall receive an additional allocation of funds to fund that growth as follows: For fiscal year 2007, twenty-five percent (25%); for fiscal year 2008, fifty percent (50%); and for fiscal year 2009, seventy-five percent (75%). For fiscal year 2010, that growth shall be funded at one hundred percent (100%). The State Department of Education shall determine the percentage change from the prior year of each year of each school district’s average of months two (2) and three (3) ADA for the three (3) immediately preceding school years of the year for which funds are being appropriated. For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district’s average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated. For fiscal year 2007, twenty-five percent (25%); for fiscal year 2008, fifty percent (50%); for fiscal year 2009, seventy-five percent (75%); and for fiscal year 2010, one hundred percent (100%) of the resulting amount shall be added to the school district’s average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district’s MAEP allocation. The district’s ADA shall be computed and currently maintained in accordance with regulations promulgated by the State Board of Education.”

JUDICIAL DECISIONS

1. Statutory interpretation.

For fully funding Mississippi Adequate Education Program (MAEP) to be an enforceable constitutional right, such duty would have to arise from the language of the Constitution itself, which it does not, or be the only way for the Legislature to satisfy its constitutional obligation; but MAEP is not the only general law the Legislature could pass to fulfill its duty under Miss. Const. art. 8, § 201. Clarksdale Mun. Sch. Dist. v. State, 233 So.3d 299, 2017 Miss. LEXIS 423 (Miss. 2017).

Any rights school districts sought to enforce were purely statutory because they simply argued that the Legislature did not provide a statutory alternative procedure to fully funding Mississippi Adequate Education Program (MAEP) in the fiscal years 2010 and beyond; the districts failed to argue that the Legislature could not, as a constitutional matter, provide an alternative to fully funding MAEP. Clarksdale Mun. Sch. Dist. v. State, 233 So.3d 299, 2017 Miss. LEXIS 423 (Miss. 2017).

School districts were not entitled to the difference between what they received and what they claimed they should have received had the Legislature fully funded the Mississippi Adequate Education Program (MAEP) because the statute was not mandatory since it did not obligate the Governor to sign a bill fully funding MAEP; with full knowledge of the constitutional legislative process, the legislature failed in the statute to address the Governor’s role. Clarksdale Mun. Sch. Dist. v. State, 233 So.3d 299, 2017 Miss. LEXIS 423 (Miss. 2017).

§ 37-151-7. Determination of annual allocations for current operation of schools under the adequate education program.

The annual allocation to each school district for the operation of the adequate education program shall be determined as follows:

  1. Computation of the basic amount to be included for current operation in the adequate education program.— The following procedure shall be followed in determining the annual allocation to each school district:
    1. Determination of average daily attendance.— Effective with fiscal year 2011, the State Department of Education shall determine the percentage change from the prior year of each year of each school district’s average of months two (2) and three (3) average daily attendance (ADA) for the three (3) immediately preceding school years of the year for which funds are being appropriated. For any school district that experiences a positive growth in the average of months two (2) and three (3) ADA each year of the three (3) years, the average percentage growth over the three-year period shall be multiplied times the school district’s average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated. The resulting amount shall be added to the school district’s average of months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated to arrive at the ADA to be used in determining a school district’s MAEP allocation. Otherwise, months two (2) and three (3) ADA for the year immediately preceding the year for which MAEP funds are being appropriated will be used in determining a school district’s MAEP allocation. In any fiscal year prior to 2010 in which the MAEP formula is not fully funded, for those districts that do not demonstrate a three-year positive growth in months two (2) and three (3) ADA, months one (1) through nine (9) ADA of the second preceding year for which funds are being appropriated or months two (2) and three (3) ADA of the preceding year for which funds are being appropriated, whichever is greater, shall be used to calculate the district’s MAEP allocation. The district’s average daily attendance shall be computed and currently maintained in accordance with regulations promulgated by the State Board of Education. The district’s average daily attendance shall include any student enrolled in a Dual Enrollment-Dual Credit Program as defined and provided in Section 37-15-38(19). The State Department of Education shall make payments for Dual Enrollment-Dual Credit Programs to the home school in which the student is enrolled, in accordance with regulations promulgated by the State Board of Education. The community college providing services to students in a Dual Enrollment-Dual Credit Program shall require payment from the home school district for services provided to such students at a rate of one hundred percent (100%) of ADA. All MAEP/state funding shall cease upon completion of high school graduation requirements.
    2. Determination of base student cost.— Effective with fiscal year 2011 and every fourth fiscal year thereafter, the State Board of Education, on or before August 1, with adjusted estimate no later than January 2, shall submit to the Legislative Budget Office and the Governor a proposed base student cost adequate to provide the following cost components of educating a pupil in a successful school district: (i) instructional cost; (ii) administrative cost; (iii) operation and maintenance of plant; and (iv) ancillary support cost. For purposes of these calculations, the Department of Education shall utilize financial data from the second preceding year of the year for which funds are being appropriated.

      For the instructional cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of teachers per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of teachers per one thousand (1,000) students. The instructional cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the instructional expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:

      Fund 1120 Functions 1110-1199 Objects 100-999, Functions

      1210, 1220, 2150-2159 Objects 210 and 215;

      Fund 1130 All Functions, Object Code 210 and 215;

      Fund 2001 Functions 1110-1199 Objects 100-999;

      Fund 2070 Functions 1110-1199 Objects 100-999;

      Fund 2420 Functions 1110-1199 Objects 100-999;

      Fund 2711 All Functions, Object Code 210 and 215.

      Prior to the calculation of the instructional cost component, there shall be subtracted from the above expenditures any revenue received for Chickasaw Cession payments, Master Teacher Certification payments and the district’s portion of state revenue received from the MAEP at-risk allocation.

      For the administrative cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of an administrative staff to nonadministrative staff between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average administrative staff to nonadministrative staff. The administrative cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the administrative expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:

      Fund 1120 Functions 2300-2599, Functions 2800-2899,

      Objects 100-999;

      Fund 2711 Functions 2300-2599, Functions 2800-2899,

      Objects 100-999.

      For the plant and maintenance cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of plant and maintenance expenditures per one hundred thousand (100,000) square feet of building space and a ratio of maintenance workers per one hundred thousand (100,000) square feet of building space that are both between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average. The plant and maintenance cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA of the selected districts into the plant and maintenance expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:

      Fund 1120 Functions 2600-2699, Objects 100-699

      and Objects 800-999;

      Fund 2711 Functions 2600-2699, Objects 100-699

      and Objects 800-999;

      Fund 2430 Functions 2600-2699, Objects 100-699

      and Objects 800-999.

      For the ancillary support cost component, the Department of Education shall select districts that have been identified as instructionally successful and have a ratio of a number of librarians, media specialists, guidance counselors and psychologists per one thousand (1,000) students that is between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average of librarians, media specialists, guidance counselors and psychologists per one thousand (1,000) students. The ancillary cost component shall be calculated by dividing the latest available months one (1) through nine (9) ADA into the ancillary expenditures instructional expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects:

      Fund 1120 Functions 2110-2129, Objects 100-999;

      Fund 1120 Functions 2140-2149, Objects 100-999;

      Fund 1120 Functions 2220-2229, Objects 100-999;

      Fund 2001 Functions 2100-2129, Objects 100-999;

      Fund 2001 Functions 2140-2149, Objects 100-999;

      Fund 2001 Functions 2220-2229, Objects 100-999.

      The total base cost for each year shall be the sum of the instructional cost component, administrative cost component, plant and maintenance cost component and ancillary support cost component, and any estimated adjustments for additional state requirements as determined by the State Board of Education. Provided, however, that the base student cost in fiscal year 1998 shall be Two Thousand Six Hundred Sixty-four Dollars ($2,664.00).

      For each of the fiscal years between the recalculation of the base student cost under the provisions of this paragraph (b), the base student cost shall be increased by an amount equal to forty percent (40%) of the base student cost for the previous fiscal year, multiplied by the latest annual rate of inflation for the State of Mississippi as determined by the State Economist, plus any adjustments for additional state requirements such as, but not limited to, teacher pay raises and health insurance premium increases.

    3. Determination of the basic adequate education program cost.— The basic amount for current operation to be included in the Mississippi Adequate Education Program for each school district shall be computed as follows:

      Multiply the average daily attendance of the district by the base student cost as established by the Legislature, which yields the total base program cost for each school district.

    4. Adjustment to the base student cost for at-risk pupils.— The amount to be included for at-risk pupil programs for each school district shall be computed as follows: Multiply the base student cost for the appropriate fiscal year as determined under paragraph (b) by five percent (5%), and multiply that product by the number of pupils participating in the federal free school lunch program in such school district, which yields the total adjustment for at-risk pupil programs for such school district.
    5. Add-on program cost.— The amount to be allocated to school districts in addition to the adequate education program cost for add-on programs for each school district shall be computed as follows:
      1. Transportation cost shall be the amount allocated to such school district for the operational support of the district transportation system from state funds.
      2. Vocational or technical education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
      3. Special education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
      4. Gifted education program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
      5. Alternative school program cost shall be the amount allocated to such school district from state funds for the operational support of such programs.
      6. Extended school year programs shall be the amount allocated to school districts for those programs authorized by law which extend beyond the normal school year.
      7. University-based programs shall be the amount allocated to school districts for those university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq., Mississippi Code of 1972.
      8. Bus driver training programs shall be the amount provided for those driver training programs as provided for in Section 37-41-1, Mississippi Code of 1972.

      The sum of the items listed above (i) transportation, (ii) vocational or technical education, (iii) special education, (iv) gifted education, (v) alternative school, (vi) extended school year, (vii) university-based, and (viii) bus driver training shall yield the add-on cost for each school district.

    6. Total projected adequate education program cost.— The total Mississippi Adequate Education Program cost shall be the sum of the total basic adequate education program cost (paragraph (c)), and the adjustment to the base student cost for at-risk pupils (paragraph (d)) for each school district. In any year in which the MAEP is not fully funded, the Legislature shall direct the Department of Education in the K-12 appropriation bill as to how to allocate MAEP funds to school districts for that year.
    7. The State Auditor shall annually verify the State Board of Education’s estimated calculations for the Mississippi Adequate Education Program that are submitted each year to the Legislative Budget Office on August 1 and the final calculation that is submitted on January 2.
  2. Computation of the required local revenue in support of the adequate education program.— The amount that each district shall provide toward the cost of the adequate education program shall be calculated as follows:
    1. The State Department of Education shall certify to each school district that twenty-eight (28) mills, less the estimated amount of the yield of the School Ad Valorem Tax Reduction Fund grants as determined by the State Department of Education, is the millage rate required to provide the district required local effort for that year, or twenty-seven percent (27%) of the basic adequate education program cost for such school district as determined under paragraph (c), whichever is a lesser amount. In the case of an agricultural high school, the millage requirement shall be set at a level which generates an equitable amount per pupil to be determined by the State Board of Education. The local contribution amount for school districts in which there is located one or more charter schools will be calculated using the following methodology: using the adequate education program twenty-eight (28) mill value, or the twenty-seven percent (27%) cap amount (whichever is less) for each school district in which a charter school is located, an average per pupil amount will be calculated. This average per pupil amount will be multiplied times the number of students attending the charter school in that school district. The sum becomes the charter school’s local contribution to the adequate education program.
    2. The State Department of Education shall determine the following from the annual assessment information submitted to the department by the tax assessors of the various counties: (i) the total assessed valuation of nonexempt property for school purposes in each school district; (ii) assessed value of exempt property owned by homeowners aged sixty-five (65) or older or disabled as defined in Section 27-33-67(2), Mississippi Code of 1972; (iii) the school district’s tax loss from exemptions provided to applicants under the age of sixty-five (65) and not disabled as defined in Section 27-33-67(1), Mississippi Code of 1972; and (iv) the school district’s homestead reimbursement revenues.
    3. The amount of the total adequate education program funding which shall be contributed by each school district shall be the sum of the ad valorem receipts generated by the millage required under this subsection plus the following local revenue sources for the appropriate fiscal year which are or may be available for current expenditure by the school district:

      One hundred percent (100%) of Grand Gulf income as prescribed in Section 27-35-309.

      One hundred percent (100%) of any fees in lieu of taxes as prescribed in Section 27-31-104.

  3. Computation of the required state effort in support of the adequate education program. —
    1. The required state effort in support of the adequate education program shall be determined by subtracting the sum of the required local tax effort as set forth in subsection (2)(a) of this section and the other local revenue sources as set forth in subsection (2)(c) of this section in an amount not to exceed twenty-seven percent (27%) of the total projected adequate education program cost as set forth in subsection (1)(f) of this section from the total projected adequate education program cost as set forth in subsection (1)(f) of this section.
    2. Provided, however, that in fiscal year 2015, any increase in the said state contribution to any district calculated under this section shall be not less than six percent (6%) in excess of the amount received by said district from state funds for fiscal year 2002; in fiscal year 2016, any increase in the said state contribution to any district calculated under this section shall be not less than four percent (4%) in excess of the amount received by said district from state funds for fiscal year 2002; in fiscal year 2017, any increase in the said state contribution to any district calculated under this section shall be not less than two percent (2%) in excess of the amount received by said district from state funds for fiscal year 2002; and in fiscal year 2018 and thereafter, any increase in the said state contribution to any district calculated under this section shall be zero percent (0%).For purposes of this paragraph (b), state funds shall include minimum program funds less the add-on programs, State Uniform Millage Assistance Grant Funds, Education Enhancement Funds appropriated for Uniform Millage Assistance Grants and state textbook allocations, and State General Funds allocated for textbooks.
    3. If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a school term of a scholastic year as required in Section 37-13-63, Mississippi Code of 1972, due to an enemy attack, a man-made, technological or natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, said school board may notify the State Department of Education of such disaster and submit a plan for altering the school term.If the State Board of Education finds such disaster to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor’s or President’s disaster declaration, it may permit said school board to operate the schools in its district for less than one hundred eighty (180) days and, in such case, the State Department of Education shall not reduce the state contributions to the adequate education program allotment for such district, because of the failure to operate said schools for one hundred eighty (180) days.
  4. The Interim School District Capital Expenditure Fund is hereby established in the State Treasury which shall be used to distribute any funds specifically appropriated by the Legislature to such fund to school districts entitled to increased allocations of state funds under the adequate education program funding formula prescribed in Sections 37-151-3 through 37-151-7, Mississippi Code of 1972, until such time as the said adequate education program is fully funded by the Legislature. The following percentages of the total state cost of increased allocations of funds under the adequate education program funding formula shall be appropriated by the Legislature into the Interim School District Capital Expenditure Fund to be distributed to all school districts under the formula: Nine and two-tenths percent (9.2%) shall be appropriated in fiscal year 1998, twenty percent (20%) shall be appropriated in fiscal year 1999, forty percent (40%) shall be appropriated in fiscal year 2000, sixty percent (60%) shall be appropriated in fiscal year 2001, eighty percent (80%) shall be appropriated in fiscal year 2002, and one hundred percent (100%) shall be appropriated in fiscal year 2003 into the State Adequate Education Program Fund. Until July 1, 2002, such money shall be used by school districts for the following purposes:
    1. Purchasing, erecting, repairing, equipping, remodeling and enlarging school buildings and related facilities, including gymnasiums, auditoriums, lunchrooms, vocational training buildings, libraries, school barns and garages for transportation vehicles, school athletic fields and necessary facilities connected therewith, and purchasing land therefor. Any such capital improvement project by a school district shall be approved by the State Board of Education, and based on an approved long-range plan. The State Board of Education shall promulgate minimum requirements for the approval of school district capital expenditure plans.
    2. Providing necessary water, light, heating, air-conditioning, and sewerage facilities for school buildings, and purchasing land therefor.
    3. Paying debt service on existing capital improvement debt of the district or refinancing outstanding debt of a district if such refinancing will result in an interest cost savings to the district.
    4. From and after October 1, 1997, through June 30, 1998, pursuant to a school district capital expenditure plan approved by the State Department of Education, a school district may pledge such funds until July 1, 2002, plus funds provided for in paragraph (e) of this subsection (4) that are not otherwise permanently pledged under such paragraph (e) to pay all or a portion of the debt service on debt issued by the school district under Sections 37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 and 37-41-81, Mississippi Code of 1972, or debt issued by boards of supervisors for agricultural high schools pursuant to Section 37-27-65, Mississippi Code of 1972, or lease-purchase contracts entered into pursuant to Section 31-7-13, Mississippi Code of 1972, or to retire or refinance outstanding debt of a district, if such pledge is accomplished pursuant to a written contract or resolution approved and spread upon the minutes of an official meeting of the district’s school board or board of supervisors. It is the intent of this provision to allow school districts to irrevocably pledge their Interim School District Capital Expenditure Fund allotments as a constant stream of revenue to secure a debt issued under the foregoing code sections. To allow school districts to make such an irrevocable pledge, the state shall take all action necessary to ensure that the amount of a district’s Interim School District Capital Expenditure Fund allotments shall not be reduced below the amount certified by the department or the district’s total allotment under the Interim Capital Expenditure Fund if fully funded, so long as such debt remains outstanding.
    5. [Repealed]
    6. [Repealed]
    7. The State Board of Education may authorize the school district to expend not more than twenty percent (20%) of its annual allotment of such funds or Twenty Thousand Dollars ($20,000.00), whichever is greater, for technology needs of the school district, including computers, software, telecommunications, cable television, interactive video, film, low-power television, satellite communications, microwave communications, technology-based equipment installation and maintenance, and the training of staff in the use of such technology-based instruction. Any such technology expenditure shall be reflected in the local district technology plan approved by the State Board of Education under Section 37-151-17, Mississippi Code of 1972.
    8. To the extent a school district has not utilized twenty percent (20%) of its annual allotment for technology purposes under paragraph (g), a school district may expend not more than twenty percent (20%) of its annual allotment or Twenty Thousand Dollars ($20,000.00), whichever is greater, for instructional purposes. The State Board of Education may authorize a school district to expend more than said twenty percent (20%) of its annual allotment for instructional purposes if it determines that such expenditures are needed for accreditation purposes.
    9. The State Department of Education or the State Board of Education may require that any project commenced under this section with an estimated project cost of not less than Five Million Dollars ($5,000,000.00) shall be done only pursuant to program management of the process with respect to design and construction. Any individuals, partnerships, companies or other entities acting as a program manager on behalf of a local school district and performing program management services for projects covered under this subsection shall be approved by the State Department of Education.

      Any interest accruing on any unexpended balance in the Interim School District Capital Expenditure Fund shall be invested by the State Treasurer and placed to the credit of each school district participating in such fund in its proportionate share.

      The provisions of this subsection (4) shall be cumulative and supplemental to any existing funding programs or other authority conferred upon school districts or school boards.

  5. The State Department of Education shall make payments to charter schools for each student in average daily attendance at the charter school equal to the state share of the adequate education program payments for each student in average daily attendance at the school district in which the public charter school is located. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides as determined in subsection (2)(a) of this section.

HISTORY: Laws, 1994, ch. 581, § 4; Laws, 1997, ch. 612, § 3; Laws, 2002, ch. 551, § 1; Laws, 2003, ch. 544, § 2; Laws, 2004, ch. 583, § 1; Laws, 2005, ch. 531, § 2; Laws, 2006, ch. 338, § 1; Laws, 2006, ch. 473, § 4; Laws, 2012, ch. 521, § 3; Laws, 2013, ch. 497, § 88; Laws, 2014, ch. 494, § 1, eff from and after passage (approved Apr. 16, 2014.).

Joint Legislative Committee Note —

Section 1 of ch. 338, Laws of 2006, effective from and after July 1, 2006 (approved March 13, 2006), amended this section. Section 4 of ch. 473, Laws of 2006, effective from and after passage (approved March 24, 2006), also amended this section. As set out above, this section reflects the language of Section 4 of ch. 473, Laws of 2006, pursuant to the terms of Laws of 2006, ch. 473, § 5, as amended by Laws of 2006, ch. 550, § 7, which specifically provides that the amendments made to this section by ch. 473 supersede the amendments made by ch. 338.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Subsections (4)(e) and (f) were repealed by their own terms effective June 30, 1998.

Section 37-151-3 referred to in (4) was repealed by Laws, 1997, ch. 612, § 30, eff from and after July 1, 2002.

Laws of 2006, ch. 473, § 5, as amended by Laws of 2006, ch. 550, § 7, provides, in part, that the “amendments to Section 37-151-7 contained in Laws of 2006, ch. 473, § 4, shall supersede the amendments to that section contained in Laws of 2006, ch. 338, § 1.”

Amendment Notes —

The 2002 amendment inserted “and (viii) bus driver Training” in the last paragraph of (1)(e); added (3)(c) and redesignated the formerly undesignated paragraphs of (3) as (3)(a) and (3)(b); and substituted “July 1, 2002” for “such time as the adequate education program is fully funded by the Legislature” at the end of the first paragraph of (5).

The 2003 amendment added (3)(d); inserted (4); renumbered former (4) as present (5); and inserted “(5)” following “subsection” in the last paragraph of (5).

The 2004 amendment deleted the former second sentence in (1)(a), which read “For purposes of this calculation, “current” school year shall mean the school year for which appropriations are made by the Legislature, and “prior” school year shall mean the school year immediately preceding the year for which appropriations are made by the Legislature”; inserted “and the school district has requested a minimum increase of four percent (4%) in local ad valorem revenues over the previous year as authorized in Sections 37-57-104 and 37-57-105” in (4); and added the last sentence in the second paragraph of (4)(c).

The 2005 amendment added (1)(h); and made a minor stylistic change.

The first 2006 amendment (ch. 338) substituted “paragraph (c)” for “subsection (c)” in (2)(a); extended the date of the repealer in (4) from “July 1, 2006” until “July 1, 2008”; and made minor stylistic changes in (5).

The second 2006 amendment (ch. 473) rewrote the section.

The 2012 amendment added the last four sentences in (1)(a); made minor stylistic changes throughout (1)(b); and inserted “the following from the annual assessment information submitted to the department from the annual assessment information submitted to the department by the tax assessors of the various counties” near the beginning in (2)(b).

The 2013 amendment added the last three sentences in (2)(a) and added (5).

The 2014 amendment rewrote (3)(b), which read: “Provided, however, that in fiscal year 1998 and in the fiscal year in which the adequate education program is fully funded by the Legislature, any increase in the said state contribution to any district calculated under this section shall be not less than eight percent (8%) in excess of the amount received by said district from state funds for the fiscal year immediately preceding. For purposes of this paragraph (b), state funds shall include minimum program funds less the add-on programs, State Uniform Millage Assistance Grant Funds, Education Enhancement Funds appropriated for Uniform Millage Assistance Grants and state textbook allocations, and State General Funds allocated for textbooks.”

Cross References —

Add-on program costs, see §§37-151-79 et seq.

OPINIONS OF THE ATTORNEY GENERAL

For the purpose of determining the minimum funding guarantee in Miss. Code Section 37-151-7(3), the phrase “fiscal year immediately preceding” means fiscal year 1997 for the five year phase-in period and fiscal year 2002 for calculations beginning fiscal year 2003. Portis, July 16, 1997, A.G. Op. #97-0368.

School districts that elect to use Interim School District Capital Expenditure funds to make capital improvements under subsections (5)(a) and (5)(d-g) of Miss. Code Section 37-151-7 must submit plans to the State Board of Education for approval, and if the district intends to issue State Aid Capital Improvement bonds to finance projects under (5)(b) or (c) of this section, exceed the limitations in 5(h) of this section, or the State Board of Education adopts regulations requiring approval of plans even though such bonds will not be issued, then the district must submit plans for approval to the State Board of Education. Portis, July 16, 1997, A.G. Op. #97-0368.

State Aid Capital Improvement Bonds issued by school districts pursuant to Miss. Code Section 37-151-7(5)(e) must be secured only by Mississippi Adequate Education Program Funds and may not exceed the statutory per pupil limit. Portis, July 16, 1997, A.G. Op. #97-0368.

During the window period provided by the repealer, the State Board of Education may issue bonds under Miss. Code Section 37-151-7(5)(f) for up to twenty years for the same amount and the same purposes as bonds which might have been alternatively issued under Miss. Code Section 37-151-7(5)(e). Portis, July 16, 1997, A.G. Op. #97-0368.

The Mississippi Board of Education may continue to approve plans and expenditures from the Interim School District Capital Expenditure Fund by a school district, and the Mississippi Department of Education has the authority continue to disperse funds as required from the Interim School District Capital Expenditure Fund into fiscal year 2003. Thompson, June 19, 2002, A.G. Op. #02-0367.

The Mississippi Department of Education is authorized to take any action with regard to Mississippi Adequate Education Program Act (MAEP) refunding bonds that it was authorized to take with regard to the original issuance of MAEP bonds. Likewise, even though the statutory language was repealed after the issuance of MAEP bonds, the state’s obligation arising from Section 37-151-7(e) relating to the MAEP bonds would be applicable to MAEP refunding bonds as well, if that commitment is part and parcel of the original MAEP bond obligations. Bounds, Nov. 14, 2005, A.G. Op. 05-0530.

JUDICIAL DECISIONS

1. Funding and Eleventh Amendment immunity.

Where plaintiff parent sued defendant school district in state court alleging her child was sexually assaulted at school and obtained a judgment under the Mississippi Tort Claims Act, her later claims in federal court were properly held as barred due to res judicata; while school districts’ sources of funding under Miss. Code Ann. §37-45-21,37-47-1 et seq., Miss. Code Ann. §37-57-1, Miss. Code Ann. §37-59-3, and Miss. Code Ann. §37-151-7 were equally divided between local school districts and the state under Miss. Code Ann. §11-46-7, Miss. Code Ann. §11-46-16(2), and Miss. Code Ann. §11-46-17(2), any judgment against the school district would be paid through the Tort Claims Fund and excess liability insurance, and thus, the school district was not considered an arm of the state entitled to Eleventh Amendment immunity. Black v. N. Panola Sch. Dist., 461 F.3d 584, 2006 U.S. App. LEXIS 21259 (5th Cir. Miss. 2006).

§ 37-151-7.1. County tax assessors to provide State Department of Education certain information essential to determination of school district’s contribution toward cost of Adequate Education Program.

  1. Before February 1 of each year, the tax assessor of each county shall file a report or reports with the State Department of Education which provide information essential to the department in determining the amount that each school district shall be required to provide toward the cost of the Adequate Education Program Fund.A separate report must be filed for each school district or part of a school district situated in the county and must include the following information:
    1. The total assessed valuation of nonexempt property for school purposes in the school district;
    2. The assessed value of exempt property owned by homeowners aged sixty-five (65) or older or disabled, as defined in Section 27-33-67(2), in the school district;
    3. The school district’s tax loss from exemptions provided to applicants under the age of sixty-five (65) and not disabled, as defined in Section 27-33-67(1); and
    4. The school district’s homestead reimbursement revenues.
  2. The State Department of Education shall prepare and make available to the tax assessor of each county a form for the reports required under this section.

HISTORY: Laws, 2012, ch. 521, § 4, eff from and after July 1, 2012.

§ 37-151-8. State Board of Education to adopt regulations that require school districts receiving MAEP at-risk funds to use funds to implement programs to serve at-risk students; accountability for expenditure of funds.

The State Board of Education shall adopt rules and regulations that:

Require school districts that receive allocations of Mississippi Adequate Education Program at-risk funds, as prescribed by Section 37-151-7(1)(d), to specifically target the expenditure of those funds to implement effective programs, as determined by the State Department of Education, to serve at-risk students; and

Provide the methods by which school districts will be expected to account for all expenditures of at-risk funds and how school districts will be held accountable for the expenditure of at-risk funds.

HISTORY: Laws, 2008, ch. 462, § 5, eff from and after July 1, 2008.

§ 37-151-9. Office of Educational Accountability established; director; duties and responsibilities.

  1. The State Board of Education and State Superintendent of Education shall establish within the State Department of Education a special unit at the division level called the Office of Educational Accountability. The Director of the Office of Educational Accountability shall hold a position comparable to a deputy superintendent and shall be appointed by the State Board of Education with the advice and consent of the Senate. He shall serve at the will and pleasure of the State Board of Education and may employ necessary professional, administrative and clerical staff. The Director of the Office of Educational Accountability shall provide all reports to the Legislature, Governor, Mississippi Commission on School Accreditation and State Board of Education and respond to any inquiries for information.
  2. The Office of Educational Accountability is responsible for monitoring and reviewing programs developed under the Education Reform Act, the Mississippi Adequate Education Program Act of 1994, the Education Enhancement Fund, and subsequent education initiatives, and shall provide information, recommendations and an annual assessment to the Legislature, Governor, Mississippi Commission on School Accreditation and the State Board of Education. Commencing in 1995, the annual assessment of education reform programs shall be performed by the Office of Educational Accountability by December 1 of each year. The Office of Educational Accountability shall specifically monitor the implementation of Level III accreditation in all school districts, and shall make an assessment with recommendations to the 1996 Regular Session of the Legislature.
  3. In addition, the Office of Educational Accountability shall have the following specific duties and responsibilities:
    1. Developing and maintaining a system of communication with school district personnel;
    2. Provide opportunities for public comment on the current functions of the State Department of Education’s programs, needed public education services and innovative suggestions;
    3. Assess both positive and negative impact on school districts of new education programs, including but not limited to The Mississippi Report Card and alternative school programs.

HISTORY: Laws, 1994, ch. 581, § 8, eff from and after July 1, 1994.

§ 37-151-10. Center for Education Analysis; powers and duties.

  1. There is established a Center for Education Analysis which shall be an advisory group attached to the Public Education Forum of Mississippi. The Center for Education Analysis shall create a structure to systematically collect, compile and coordinate data that can be disseminated to business, legislative and education entities for decision-making purposes relating to public education. The Center for Education Analysis may enter into a contractual agreement with the Public Education Forum of Mississippi in order to place the Center within the administrative framework of the Public Education Forum under the following conditions:
    1. All new programs authorized in this section are subject to the availability of funds specifically appropriated therefor by the Legislature from the Education Enhancement Fund to the Public Education Forum for the support and maintenance of the programs of the Center for Education Analysis.
    2. The Public Education Forum will provide a business framework to coordinate its recommendations and reports with the programs of the Center for Education Analysis.
    3. The Public Education Forum shall employ a Director for the Center for Education Analysis with appropriate qualifications. Any public funds expended pursuant to this section shall be audited by the Mississippi Department of Audit.

      There is created in the State Treasury a special fund to be known as the “Center for Education Analysis Fund.” Monies may be expended out of such funds pursuant to appropriation by the Legislature, to implement the public education analysis program established under the provisions of this section. Disbursements from such fund shall be made only upon requisition of the Director for the Center for Education Analysis.

  2. The Center for Education Analysis established in subsection (1) shall develop and submit to the Legislature and the Governor an annual report on the implementation of the Mississippi Adequate Education Program funding formula and the Interim School District Capital Expenditure Fund program. The first report shall be submitted on January 1, 1999, relating to implementation of the adequate education program and interim capital expenditure program activities during the preceding fiscal year, and shall be submitted annually on January 1 of each subsequent year until January 1, 2003, at which time the report shall become a distinct part of the Mississippi Report Card describing the one hundred percent (100%) implementation of the Mississippi Adequate Education Program funding formula. The annual report shall include the following:
    1. A description of the amount of Mississippi Adequate Education Program funds available to each school district during the phase-in period compared to the amount of funds available upon full implementation of the funding formula;
    2. A description of each school district’s capital expenditure plan, including:
      1. A listing of the school district facilities to be constructed, purchased, repaired, renovated, remodeled or enlarged, with designation of the nature of each such project as new construction, retrofitting/renovation, or site work and/or preparation;
      2. For each completed capital improvement project and upon the completion of any approved capital expenditure plan, a listing by individual project of:
        1. The total dimensions of each construction, renovation or site preparation project;
        2. The total project cost in dollars;
        3. The project cost per square foot of newly constructed space or, in the case of renovation, per square foot of the principal structure affected by such renovation;
        4. The total cost of all furniture and equipment per project;
        5. The total amount of nonconstruction fees per project;
        6. The total of other costs associated with the project not otherwise included in items (A) through (E) above; and
        7. The number of classrooms created and/or affected by the project;
      3. A listing of all school district State Aid Capital Improvement Bonds secured by Mississippi Adequate Education Program funds issued by school districts and the capital improvements funded through such bond issue;
      4. A description of any other local bond issue proceeds combined with such funds for capital improvement purposes; and
      5. Any other appropriate information relating to capital improvements by school districts as determined by the State Board of Education;
    3. An annual assessment of the impact of additional funding under the Mississippi Adequate Education Program on such school districts with less than a Level III accreditation; and
    4. An annual assessment of the impact of teacher recruitment incentives on the employment of licensed teachers in critical teacher shortage geographic areas, including, but not limited to, all incentive programs authorized under House Bill No. 609, 1998 Regular Session [Laws, 1998, ch. 544].

HISTORY: Laws, 1998, ch. 544, § 18, eff from and after passage (approved April 13, 1998).

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Exemplary Performance Awards

§ 37-151-11. “Teacher of the Year” Award Program.

The State Board of Education shall establish and design an annual program of awards for exemplary performing teachers in Mississippi’s public school districts, to be called the “Mississippi Teacher of the Year” Award Program.

The board shall establish criteria and guidelines for making the annual award to one (1) exemplary performing teacher in Mississippi, which shall include a cash award of Five Thousand Dollars ($5,000.00) to be paid by the State Department of Education pursuant to appropriation therefor and shall be unrestricted as to its use by the recipient. Such award shall be paid as a supplement to such teacher’s contracted salary in the year subsequent to receiving the recognition.

The State Board of Education shall utilize such awards to bring the best teaching practices to the attention of other schools. The awards shall include public recognition by the local school board and the State Board of Education and the awarding of plaques, certificates and the monetary award for teachers that perform well.

HISTORY: Laws, 1994, ch. 581, § 14, eff from and after July 1, 1994.

§ 37-151-13. “Mississippi Administrator of the Year” Award Program.

The State Board of Education shall establish and design an annual program of awards for exemplary performing administrators in Mississippi’s public school districts, to be called the “Mississippi Administrator of the Year” Award Program.

The board shall establish criteria and guidelines for making the annual award to one (1) exemplary performing administrator in Mississippi, which shall include a cash award of Five Thousand Dollars ($5,000.00) to be paid by the State Department of Education pursuant to appropriation therefor and shall be unrestricted as to its use by the recipient. Such award shall be paid as a supplement to such administrator’s contracted salary in the year subsequent to receiving the recognition.

The State Board of Education shall utilize such awards to bring the best administrative practices to the attention of other schools. The awards shall include public recognition by the local school board and the State Board of Education and the awarding of plaques, certificates and the monetary award for administrators that perform well.

HISTORY: Laws, 1994, ch. 581, § 17, eff from and after July 1, 1994.

Education Technology Enhancement

§§ 37-151-15 through 37-151-23. Repealed.

Repealed by Laws, 2011, ch. 374, § 1, effective from and after July 1, 2011.

§37-151-15. [Laws, 1994, ch. 581, § 18, eff from and after July 1, 1994.]

§37-151-17. [Laws, 1994, ch. 581, § 19; Laws, 1995, ch. 518, § 1; Laws, 2002, ch. 329, § 2; Laws, 2004, ch. 588, § 1; Laws, 2005, ch. 393, § 1; Laws, 2010, ch. 541, § 1, eff from and after passage (approved Apr. 27, 2010.)]

§37-151-19. [Laws, 1994, ch. 581, § 20; Laws, 2004, ch. 588, § 2, eff from and after passage (approved May 27, 2004.)]

§37-151-21. [Laws, 1994, ch. 581, § 21; Laws, 2004, ch. 588, § 3, eff from and after passage (approved May 27, 2004.)]

§37-151-23. [Laws, 1994, ch. 581, § 22; Laws, 2005, ch. 521, § 1, eff from and after passage (approved Apr. 20, 2005.)]

Editor’s Notes —

Former §37-151-15 provided the purpose of and definitions for terms used in §§37-151-15 through37-151-61.

Former §37-151-17 established the Council for Education Technology, prescribed its membership and defined its responsibilities.

Former §37-151-19 required the Council for Education Technology to develop and implement a master plan for education technology.

Former §37-151-21 required the Council for Education Technology to create a strategic plan for distance learning.

Former §37-151-23 created the State Public School Education Technology Fund.

§ 37-151-25. Tech-Prep Fund; purposes; funded community college programs must admit qualifying high school graduates.

There is hereby created in the State Treasury a special fund to be designated as the “Tech-Prep Fund.” Any unexpended balance in said fund at the end of the fiscal year shall carry over to the succeeding fiscal year and shall not lapse into the State General Fund. The fund shall be credited with any funds appropriated by the Legislature for the implementation of the Tech-Prep program in Grades 7-12 and in the public community colleges and junior colleges through approved programs and from the proceeds of bonds issued under Sections 31 through 51 of Laws, 1997, Chapter 612, and shall be allocated to school districts by the State Board of Education for the following purposes:

Equip labs for hands-on: Career Discovery Course in the 7th grade, Computer Discovery Course in the 8th grade, and Technology Discovery Course in the 9th grade;

Implement application based teaching methodology in existing academic courses;

Develop and implement articulation, integration and sequential course study plans in Vocational and Academic courses;

Administer Occupational Tests;

Implement and Update Career/Educational Plans for each student;

Implement Career Centers for each school;

To provide equipment upgrades to meet technology demands, staff development and teaching materials to implement application based methodology for each of the community college sites.

The State Department of Education is authorized to escalate spending authority based upon the proceeds of bonds issued under Sections 31 through 51 of Laws, 1997, Chapter 612.

No community or junior college shall deny admittance into its Tech-Prep program funded under this section to any student who has graduated from high school with a qualifying grade point average, regardless of the curriculum or course work completed by the student.

HISTORY: Laws, 1994, ch. 581, § 23; Laws, 1995, ch. 424, § 1; Laws, 1997, ch. 612, § 51; Laws, 2005, ch. 521, § 2, eff from and after passage (approved Apr. 20, 2005).

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2005 amendment, in the second sentence, deleted “from the proceeds of State Education Technology Bonds” following “funds appropriated by the Legislature,” and made a minor stylistic change.

§§ 37-151-27 through 37-151-57. Repealed.

Repealed by Laws, 2005, ch. 522, § 9 effective from and after passage (approved April 20, 2005).

§§37-151-27 through37-151-57 [Laws, 1994, ch. 581, §§ 24 through 39, eff from and after July 1, 1994.]

Editor’s Notes —

Former §§37-151-27 through37-151-57 authorized the issuance of State Education Technology bonds in the amount of Sixty Million Dollars ($60,000,000.00) for the State Public School Education Technology Fund and the Tech-Prep Fund.

§ 37-151-59. Effect of chapter on school district bonds.

Nothing in this chapter shall be construed to prohibit a school district from issuing its bonds, negotiable notes or certificates of indebtedness for the purposes, in the manner, to the extent and subject to the limitations provided by Sections 37-59-1 through 37-59-45, Mississippi Code of 1972, or any other applicable sections, and the authority granted by this article shall be construed as being additional, supplemental and cumulative thereto. The proceeds of the sale of any such bonds, negotiable notes or certificates of indebtedness so issued by any such school district may be used for the purpose for which they were issued and may be expended in conjunction with funds provided by the Council for Education Technology under the provisions of this article, or may be expended without such funds, if same be not available.

HISTORY: Laws, 1994, ch. 581, § 40, eff from and after July 1, 1994.

Editor’s Notes —

Sections 37-151-15 through 37-151-23, which established the Council for Education Technology, referred to in this section, were repealed by Chapter 374, Laws of 2011, effective from and after July 1, 2011.

§ 37-151-61. Appeal of grievances of school board.

Any school board of any school district which may be aggrieved by any final rule, regulation or order of the State Board of Education adopted under the provisions of this chapter shall have the right to appeal therefrom to the chancery court of the county in which the school district involved or any part thereof is located in like manner, within the same time, with like effect, and subject in all other respects to appeals from orders, rules and regulations of the State Board of Education, the provisions of which are hereby made applicable in all respects to appeals from orders, rules and regulations of the commission under the provisions of this chapter.

HISTORY: Laws, 1994, ch. 581, § 41, eff from and after July 1, 1994.

Enhancing School to Work Transition

§ 37-151-63. Work Force Education Act of 1994.

Sections 37-151-63 through 37-151-75 shall be known and may be cited as the “Work Force Education Act of 1994.”

HISTORY: Laws, 1994, ch. 581, § 42; Laws, 1996, ch. 521, § 1, eff from and after July 1, 1996.

§ 37-151-65. Legislative intent.

It is the intent of the Legislature by the passage of Sections 37-151-63 through 37-151-75 to provide for the creation and development of a regionally based system in Mississippi for education and training which: responds to the needs of Mississippi’s work force and employers; is driven by the demands of industry and a competitive economy; makes maximum use of limited resources; and provides for continuing improvement through constant assessment of the results of education and training for individual workers and employers.

HISTORY: Laws, 1994, ch. 581, § 43, eff from and after July 1, 1994.

§ 37-151-67. Definitions.

For purposes of Sections 37-151-63 through 37-151-75, the following words and phrases shall have the meanings respectively ascribed in this section unless the context clearly indicates otherwise:

“State council” means the Mississippi Work Force Development Advisory Council; and

“District councils” means the District Work Force Development Councils.

HISTORY: Laws, 1994, ch. 581, § 44; Laws, 1996, ch. 521, § 2, eff from and after July 1, 1996.

§§ 37-151-69 through 37-151-73. Repealed.

Repealed by Laws, 2004, ch. 572, § 58 eff from and after July 1, 2004.

§37-151-69.[Laws, 1994, ch. 581, § 45; Laws, 1996, ch. 521, § 3; Laws, 2002, ch. 329, § 3, eff from and after July 1, 2002.]

§37-151-71.[Laws, 1994, ch. 581, § 46; Laws, 1996, ch. 521, § 4, eff from and after July 1, 1996.]

§37-151-73.[Laws, 1994, ch. 581, § 47; Laws, 1996, ch. 521, § 5, eff from and after July 1, 1996.]

Editor’s Notes —

Former Section 37-151-69 was entitled “Mississippi Work Force Development Council created; duties; membership; staff and administration.”

Former Section 37-151-71 was entitled “District work force development councils; duties.”

Former Section 37-151-73 was entitled “One-Stop Career Centers.”

§ 37-151-75. Mississippi Community College Board designated as primary support agency; powers.

The Mississippi Community College Board is designated as the primary support agency to the career centers and district councils. The state board may exercise the following powers:

To provide the career centers the assistance necessary to accomplish the purposes of Sections 37-151-63 through 37-151-75;

To provide the career centers consistent standards and benchmarks to guide development of the local workforce development system and to provide a means by which the outcomes of local services can be measured;

To develop the staff capacity to provide, broker or contract for the provision of technical assistance to the career centers, including, but not limited to:

Training local staff in methods of recruiting, assessment and career counseling;

Establishing rigorous and comprehensive local pre-employment training programs;

Developing local institutional capacity to deliver Total Quality Management training;

Developing local institutional capacity to transfer new technologists into the marketplace;

Expanding the Skills Enhancement Program and improving the quality of adult literacy programs; and

Developing data for strategic planning;

To collaborate with the Department of Economic and Community Development and other economic development organizations to increase the community college systems’ economic development potential;

To administer presented and approved certification programs by the community colleges for tax credits and partnership funding for corporate training;

To create and maintain an evaluation team that examines which kinds of curricula and programs and what forms of quality control of training are most productive so that the knowledge developed at one (1) institution of education can be transferred to others;

To develop internal capacity to provide services and to contract for services from universities and other providers directly to local institutions;

To develop and administer an incentive certification program; and

To develop and hire staff and purchase equipment necessary to accomplish the goals set forth in this section.

HISTORY: Laws, 1994, ch. 581, § 48; Laws, 1996, ch. 521, § 6; Laws, 2014, ch. 397, § 47, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in the introductory paragraph.

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Pupil-Teacher Ratios

§ 37-151-77. Pupil-teacher ratio.

To qualify for funds provided in this chapter, each school district shall not exceed a pupil-teacher ratio based on enrollment in Grades 1, 2, 3 and 4 as follows: 27:1.

For Grades Kindergarten and 5 through 12, pupil-teacher ratio shall be determined based on appropriate accreditation standards developed by the Mississippi Commission on School Accreditation.

Any local district may apply to the State Board of Education for approval of a waiver to this section by submitting and justifying an alternative educational program to serve the needs of enrollment in Grades Kindergarten and 1 through 4. The State Board of Education shall approve or disapprove of such waiver forty-five (45) days after receipt of such application. If a school district violates the provisions of this section, the state aid for the ensuing fiscal year to such school district shall be reduced by the percentage variance that the actual pupil-teacher ratios in such school district has to the required pupil-teacher ratios mandated in this section. Provided, that notwithstanding the provisions of this section, the State Board of Education is authorized to waive the pupil-teacher requirements specified herein upon a finding that a good faith effort is being made by the school district concerned to comply with the ratio provisions but that for lack of classroom space which was beyond its control it is physically impossible for the district to comply, and the cost of temporary classroom space cannot be justified. In the event any school district meets the highest levels of accreditation standards as determined by the State Board of Education in the state’s accountability system, the State Board of Education may, in its discretion, exempt such school district from the maximum pupil-teacher ratio in Grades 1, 2, 3 and 4 prescribed herein.

HISTORY: Laws, 1997, ch. 612, § 4; Laws, 2009, ch. 445, § 10, eff from and after July 1, 2009.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2009 amendment rewrote the last sentence in the last paragraph.

Add-On Program Costs

§ 37-151-79. Allowance of state funds for vocational education programs.

In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each vocational teacher employed full time during the regular school term in a vocational education program approved by the State Department of Education the value of one-half (1/2) of the adequate education program salary schedule provided in Section 37-19-7, Mississippi Code of 1972, based on the type of certificate and number of years’ teaching experience held by each approved vocational teacher plus one hundred percent (100%) of the applicable employer’s rate for Social Security and State Retirement.

HISTORY: Laws, 1997, ch. 612, § 5, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 37-151-81. Allowance of state funds for special education, gifted education and university-based programs.

  1. In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each teacher employed in a State Department of Education approved program for exceptional children as defined in Section 37-23-3, Mississippi Code of 1972, the value of one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, Mississippi Code of 1972, based on the type of certificate and number of years’ teaching experience held by each approved special education teacher plus one hundred percent (100%) of the applicable employer’s rate for Social Security and State Retirement, except that only seventy percent (70%) of the value will be added for the program for three- and four-year old exceptional children.
  2. In addition to the allowances provided above, for each handicapped child who is being educated by a public school district or is placed in accord with Section 37-23-77, Mississippi Code of 1972, and whose individualized educational program (IEP) requires an extended school year in accord with the State Department of Education criteria, a sufficient amount of funds shall be allocated for the purpose of providing the educational services the student requires. The State Board of Education shall promulgate such regulations as are required to insure the equitable distribution of these funds. All costs for the extended school year for a particular summer shall be reimbursed from funds appropriated for the fiscal year beginning July 1 of that summer. If sufficient funds are not made available to finance all of the required educational services, the State Department of Education shall expend available funds in such a manner that it does not limit the availability of appropriate education to handicapped students more severely than it does to nonhandicapped students.
  3. The State Department of Education is hereby authorized to match adequate education program and other funds allocated for provision of services to handicapped children with Division of Medicaid funds to provide language-speech services, physical therapy and occupational therapy to handicapped students who meet State Department of Education or Division of Medicaid standards and who are Medicaid eligible. Provided further, that the State Department of Education is authorized to pay such funds as may be required as a match directly to the Division of Medicaid pursuant to an agreement to be developed between the State Department of Education and the Division of Medicaid.
  4. In addition to other funds provided for in this chapter, there shall be added to the allotment for each school district for each teacher employed in a State Department of Education approved program for gifted education as defined in Sections 37-23-173 through 37-23-181, Mississippi Code of 1972, the value of one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, Mississippi Code of 1972, based on the type of certificate and number of years’ teaching experience held by each approved gifted education teacher plus one hundred percent (100%) of the applicable employer’s rate for Social Security and State Retirement.
  5. When any children who are residents of the State of Mississippi and qualify under the provisions of Section 37-23-31, Mississippi Code of 1972, shall be provided a program of education, instruction and training within a school under the provisions of said section, the State Department of Education shall allocate the value of one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, Mississippi Code of 1972, for each approved program based on the type of certificate and number of years’ teaching experience held by each approved teacher plus one hundred percent (100%) of the applicable employer’s rate for Social Security and State Retirement. The university or college shall be eligible for state and federal funds for such programs on the same basis as local school districts. The university or college shall be responsible for providing for the additional costs of the program.
  6. In addition to the allotments provided above, a school district may provide a program of education and instruction to children ages five (5) years through twenty-one (21) years, who are resident citizens of the State of Mississippi, who cannot have their educational needs met in a regular public school program and who have not finished or graduated from high school, if those children are determined by competent medical authorities and psychologists to need placement in a state licensed facility for inpatient treatment, day treatment or residential treatment or a therapeutic group home. Such program shall operate under rules, regulations, policies and standards of school districts as determined by the State Board of Education. If a private school approved by the State Board of Education is operated as an integral part of the state licensed facility that provides for the treatment of such children, the private school within the facility may provide a program of education, instruction and training to such children by requesting the State Department of Education to allocate one (1) teacher unit or a portion of a teacher unit for each approved class. The facility shall be responsible for providing any additional costs of the program.

    Such funds will be allotted based on the type of certificate and number of years’ teaching experience held by each approved teacher. Such children shall not be counted in average daily attendance when determining regular teacher unit allocation.

HISTORY: Laws, 1997, ch. 612, § 6, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 37-151-83. Allowance of state funds for alternative school programs.

  1. In addition to other funds allowed under the Adequate Education Program, each school district shall receive a grant for the support of alternative school programs established under Section 37-13-92, Mississippi Code of 1972, in accordance with the following: Three-fourths of one percent (.75%) of the school district’s average daily attendance or twelve (12) pupils, whichever is greater, multiplied by the average expenditure of public monies per pupil in the State of Mississippi, as determined by the State Board of Education.
  2. An alternative school advisory board may be created within each school district maintaining a freestanding alternative school or two (2) or more adjacent school districts operating a freestanding alternative school pursuant to a contract approved by the State Board of Education. The advisory board shall meet no less than two (2) times during each school year to study the alternative school program and to make recommendations for improvements to the superintendent of the local school board or boards, as the case may be, and the State Superintendent of Education. The alternative school advisory board shall consist of the following members: one (1) school administrator to be appointed by each local school board of the school district or districts operating the alternative school; one (1) school board member and one (1) parent to be appointed by each superintendent of the school district or districts operating the alternative school; one (1) classroom teacher to be appointed by the classroom teachers in each school district operating the alternative school; one (1) individual to be appointed by the local youth court judge, or if there is no such court the chancery court judge; and one (1) law enforcement officer to be appointed by the local sheriff. The initial members of the advisory board shall serve as follows: One-third (1/3) of the members shall serve two (2) years; one-third (1/3) of the members shall serve three (3) years; and one-third (1/3) of the members shall serve four (4) years, to be designated by the appointing authority at the time of appointment. Thereafter, the term of each member shall be for a period of four (4) years.

    An alternative school advisory board shall have no governing authority over the alternative school program, and not in any manner shall an advisory board’s authority supersede the authority of the school district or lead district in those alternative school programs operated jointly by two (2) or more districts.

HISTORY: Laws, 1997, ch. 612, § 7, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 37-151-85. Transportation allowance.

  1. The amount to be allotted by the State Board of Education for transportation shall be determined as follows:

    The State Department of Education shall calculate the cost of transportation in school districts by ascertaining the average cost per pupil in average daily attendance of transported pupils in school districts classified in different density groups as determined by the State Department of Education. Based on these calculations, the State Department of Education shall develop a scale for determining the allowable cost per pupil in different density groups, which scale shall provide greatest allowance per pupil transported in school districts with lowest densities and smallest allowance per pupil in school districts with highest densities. The total allowance in the adequate education program for transported children for any school district for the current year shall be the average daily attendance of the transported children for the nine (9) months of the prior year, multiplied by the allowance per transported pupil as provided herein. However, the State Department of Education is hereby authorized and empowered to make proper adjustments in allotments, under rules and regulations of the State Board of Education, in cases where major changes in the number of children in average daily attendance transported occur from one (1) year to another as a result of changes or alterations in the boundaries of school districts, a change in or relocation of attendance centers, or for other reasons which would result in major decrease or increase in the number of children in average daily attendance transported during the current school year as compared with the preceding year. Moreover, the State Board of Education is hereby authorized and empowered to make such payments to all districts and/or university-based programs as deemed necessary in connection with transporting exceptional children as defined in Section 37-23-3. The State Board of Education shall establish and implement all necessary rules and regulations to allot transportation payments to university-based programs. In developing density classifications under the provisions hereof, the State Department of Education may give consideration to the length of the route, the sparsity of the population, the lack of adequate roads, highways and bridges, and the presence of large streams or other geographic obstacles. In addition to funds allotted under the above provisions, funds shall be allotted to each school district that transports students from their assigned school or attendance center to classes in an approved vocational-technical center at a rate per mile not to exceed the average statewide cost per mile of school bus transportation during the preceding year exclusive of bus replacement. All such transportation must have prior approval by the State Department of Education.

  2. The average daily attendance of transported children shall be reported by the school district in which such children attend school. If children living in a school district are transported at the expense of such school district to another school district, the average daily attendance of such transported children shall be deducted by the State Department of Education from the aggregate average daily attendance of transported children in the school district in which they attend school and shall be added to the aggregate average daily attendance of transported children of the school district from which they come for the purpose of calculating transportation allotments. However, such deduction shall not be made for the purpose of calculating adequate education program pupil-based funding.
  3. The State Department of Education shall include in the allowance for transportation for each school district an amount for the replacement of school buses or the purchase of new buses, which amount shall be calculated upon the estimated useful life of all school buses being used for the transportation of children in such school district, whether such buses be publicly or privately owned.
  4. The school boards of all districts operating school bus transportation are authorized and directed to establish a salary schedule for school bus drivers. No school district shall be entitled to receive the funds herein allotted for transportation unless it pays each of its nonstudent adult school bus drivers paid from such transportation allotments a minimum of One Hundred Ninety Dollars ($190.00) per month. In addition, local school boards may compensate school bus drivers, to include temporary or substitute bus drivers, for actual expenses incurred when acquiring an initial commercial license or any renewal of a commercial license in order to drive a school bus. In addition, local school boards may compensate school bus drivers, to include temporary or substitute bus drivers, for expenses, not to exceed One Hundred Dollars ($100.00), when acquiring an initial medical exam or any renewal of a medical exam, in order to qualify for a commercial driver’s license.
  5. The State Board of Education shall be authorized and empowered to use such part of the funds appropriated for transportation in the adequate education fund as may be necessary to finance driver training courses as provided for in Section 37-41-1, Mississippi Code of 1972.
  6. The State Board of Education, acting through the Department of Education, may compensate school bus drivers, to include temporary or substitute bus drivers, who are providing driving services to the various state operated schools, such as the Mississippi School for the Deaf, the Mississippi School for the Blind, the Mississippi School of the Arts, the Mississippi School for Math and Science and any other similar state operated schools, for actual expenses incurred when acquiring an initial commercial license or any renewal of a commercial license in order to drive a school bus, to include the expense, not to exceed One Hundred Dollars ($100.00), of acquiring an initial medical exam or any renewal of a medical exam in order to qualify for a commercial driver’s license.

HISTORY: Laws, 1997, ch. 612, § 8; Laws, 2004, ch. 366, § 1; Laws, 2005, ch. 531, § 3; Laws, 2006, ch. 336, § 1, eff from and after July 1, 2006.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2004 amendment added (6).

The 2005 amendment added the last sentence of (4).

The 2006 amendment inserted “to include temporary or substitute bus drivers” following “may compensate school bus drivers” twice in (4) and once in (6); and added the language beginning “to include the expense not to exceed One Hundred Dollars ($100.00)” at the end of (6).

Cross References —

Mississippi School for the Blind, see Miss. Const. Art. 8, § 209 and Code §§43-5-1 et seq.

Mississippi School for the Deaf, see Miss. Const. Art. 8, § 209 and Code §§43-5-1 et seq.

Mississippi School for Mathematics and Science generally, see §§37-139-1 et seq.

Mississippi School of the Arts generally, see §§37-140-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A school district may pay for a public school bus driver to obtain or renew a commercial drivers license. Manning, Feb. 2, 2006, A.G. Op. 05-0096.

A school district may adopt a policy which will allow it to pay school bus drivers for a medical examination expenses, not to exceed $100.00, in order for the driver to qualify for a commercial driver’s license, and to adopt a policy which allows it to reimburse the driver for actual expenses, other than the cost of the medical examination, incurred in acquiring the license. Brister, Feb. 2, 2006, A.G. Op. 05-0075.

Funds for Teacher Salaries

§ 37-151-87. Reduction of local supplement or support from ad valorem taxation.

No school district shall pay any teacher less than the state minimum salary.Provided, however, that school districts are authorized to reduce the state minimum salary by a pro rata daily amount in order to comply with the school district employee furlough provisions of Section 37-7-308.From and after July 1, 2012, no school district shall receive any funds under the provisions of this chapter for any school year during which the aggregate amount of local supplement as defined in Section 37-151-5 shall have been reduced below such amount for the previous year.However, (a) where there has been a reduction in adequate education program allocations for such district in such year, (b) where there has been a reduction in the amount of federal funds to such district below the previous year, or (c) where there has been a reduction in ad valorem taxes to such school district for the 1986-1987 school year below the amount for the previous year due to the exemption of nuclear generating plants from ad valorem taxation pursuant to Section 27-35-309, Mississippi Code of 1972, the aggregate amount of local supplement in such district may be reduced in the discretion of the local school board without loss of funds under this chapter.No school district may receive any funds under the provisions of this chapter for any school year if the aggregate amount of support from ad valorem taxation shall be reduced during such school year below such amount for the previous year; however, where there is a loss in adequate education program allocations, or where there is or heretofore has been a decrease in the total assessed value of taxable property within a school district, the aggregate amount of such support may be reduced proportionately.Nothing herein contained shall prohibit any school district from adopting or continuing a program or plan whereby teachers are paid varying salaries according to the teaching ability, classroom performance and other similar standards.

HISTORY: Laws, 1997, ch. 612, § 9; Laws, 2010, ch. 486, § 4, eff from and after passage (approved Apr. 7, 2010.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the fourth line of this section. The reference to “Section 37-151-1” was changed to “Section 37-151-5.” The Joint Committee ratified the correction at its August 5, 2008 meeting.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2010 amendment added the second sentence; added “From and after July 1, 2012,” in the third sentence; added the (a), (b) and (c) designations; and substituted “in the discretion of the local school board” for “proportionately” in the fourth sentence.

OPINIONS OF THE ATTORNEY GENERAL

For a teacher making in excess of the minimum salary who is currently receiving a local supplement and who is due for a raise under §37-119-7, assuming that the teacher is performing the same duties, the local supplement to that individual teacher cannot be reduced. However, in those counties in which there has been a reduction in adequate education program allocations, the provisions of this section would permit a reduction in aggregate amount of local supplements within the entire school district. However, no individual teacher’s local supplement could be reduced. Chaney, June 18, 2004, A.G. Op. 04-0243.

§ 37-151-89. Salary payments from other funds.

The minimum base pay for all classroom teachers may be increased by the district from any funds available to it; and those districts which have not prior to July 1, 1978, so increased said base pay, shall increase the minimum base pay for classroom teachers as fixed by this chapter and as authorized by any of the provisions of or standards set forth in this chapter.

HISTORY: Laws, 1997, ch. 612, § 10, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 37-151-91. Salary schedules.

The school boards of all school districts may establish salary schedules based on training, experience and other such factors as may be incorporated therein, including student progress and performance as developed by the State Board of Education, paying teachers greater amounts than the scale provided herein, but no teacher may be paid less than the amount based upon the minimum scale of pay provided in the adequate education program as prescribed in Section 37-19-7, Mississippi Code of 1972, and all supplements paid from local funds shall be based upon the salary schedules so established. The school boards may call upon the State Department of Education for aid and assistance in formulating and establishing such salary schedules, and it shall be the duty of the State Department of Education, when so called upon, to render such aid and assistance. The amount actually paid to each teacher shall be based upon and determined by the type of certificate held by such teacher.

HISTORY: Laws, 1997, ch. 612, § 11, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Funds for Transferred Students

§ 37-151-93. Counting of legally transferred students; payment maintenance funds to transferee school.

  1. Legally transferred students going from one school district to another shall be counted for adequate education program allotments by the school district wherein the pupils attend school, but shall be counted for transportation allotment purposes in the school district which furnishes or provides the transportation. The school boards of the school districts which approve the transfer of a student under the provisions of Section 37-15-31 shall enter into an agreement and contract for the payment or nonpayment of any portion of their local maintenance funds which they deem fair and equitable in support of any transferred student. Except as provided in subsection (2) of this section, local maintenance funds shall be transferred only to the extent specified in the agreement and contract entered into by the affected school districts. The terms of any local maintenance fund payment transfer contract shall be spread upon the minutes of both of the affected school district school boards. The school district accepting any transfer students shall be authorized to accept tuition from such students under the provisions of Section 37-15-31(1) and such agreement may remain in effect for any length of time designated in the contract. The terms of such student transfer contracts and the amounts of any tuition charged any transfer student shall be spread upon the minutes of both of the affected school boards. No school district accepting any transfer students under the provisions of Section 37-15-31(2), which provides for the transfer of certain school district employee dependents, shall be authorized to charge such transfer students any tuition fees.
  2. Local maintenance funds shall be paid by the home school district to the transferee school district for students granted transfers under the provisions of Sections 37-15-29(3) and 37-15-31(3), Mississippi Code of 1972, not to exceed the “base student cost” as defined in Section 37-151-5, Mississippi Code of 1972, multiplied by the number of such legally transferred students.

HISTORY: Laws, 1997, ch. 612, § 12, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

OPINIONS OF THE ATTORNEY GENERAL

A school district is authorized to accept tuition from nonresident students pursuant to the provisions of Section 37-15-31 and this section; however, nothing in the law requires a district to do so. Necaise, Dec. 20, 2002, A.G. Op. #02-0672.

Funds for Employee Health Insurance

§ 37-151-95. Payment for health insurance for certain school district employees; federal funding; withholding of district funding for failure to report data.

Adequate education program funds shall include one hundred percent (100%) of the cost of the State and School Employees’ Life and Health Insurance Plan created under Article 7, Chapter 15, Title 25, Mississippi Code of 1972, for all district employees who work no less than twenty (20) hours during each week and regular nonstudent school bus drivers employed by the district.

Where the use of federal funding is allowable to defray, in full or in part, the cost of participation in the insurance plan by district employees who work no less than twenty (20) hours during each week and regular nonstudent school bus drivers, whose salaries are paid, in full or in part, by federal funds, the allowance under this section shall be reduced to the extent of the federal funding. Where the use of federal funds is allowable but not available, it is the intent of the Legislature that school districts contribute the cost of participation for such employees from local funds, except that parent fees for child nutrition programs shall not be increased to cover such cost.

The State Department of Education, in accordance with rules and regulations established by the State Board of Education, may withhold a school district’s adequate education program funds for failure of the district to timely report student, fiscal and personnel data necessary to meet state and/or federal requirements. The rules and regulations promulgated by the State Board of Education shall require the withholding of adequate education program funds for those districts that fail to remit premiums, interest penalties and/or late charges under the State and School Employees’ Life and Health Insurance Plan. Noncompliance with such rules and regulations shall result in a violation of compulsory accreditation standards as established by the State Board of Education and Commission on School Accreditation.

HISTORY: Laws, 1997, ch. 612, § 13; Laws, 2002, ch. 551, § 2, eff from and after July 1, 2002 (date bill became law without the Governor’s signature).

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Article 7, Chapter 15, Title 25 (§§25-15-251 through25-15-265), referred to in this section, was repealed by Laws, 1999, ch. 511, § 11, effective from and after July 1, 1999. For present similar provisions, see §25-15-3 et seq.

Amendment Notes —

The 2002 amendment, in the first sentence of the first paragraph, deleted “Mississippi,” and substituted “State and School Employees’ Life and” for “Public School Employees” preceding “Health Insurance Plan”; and, in the third paragraph, substituted “minimum program funds” for “adequate education program funds.”

OPINIONS OF THE ATTORNEY GENERAL

Employees covered by the State and School Employees Health Insurance Plan who elect to retire and are re-employed under the limited conditions allowed by §25-11-127 do not relinquish their status of “retiree” for the purposes of the retirement statutes or the state insurance statutes. Therefore, the state cannot pay the insurance premiums for retirees who are covered under the Plan who return to work under the limited conditions allowed by §25-11-127. Hill, Nov. 7, 2003, A.G. Op. 03-0591.

Distribution of Funds

§ 37-151-97. Annual information report of State Department of Education.

The State Department of Education shall develop an annual reporting process to inform the Legislature, local district personnel and the general public as to the ongoing and future plans for the state’s educational programs. The annual reporting process will include those vital statistics that are commonly reported by schools and districts and that can provide clear demographic, strategic and educational information to constituencies such as, but not limited to, the following information:

Student enrollment, attendance, drop-out and graduation;

Overall student and district achievement;

Budget, administrative costs and other pertinent fiscal information, including:

The receipts and disbursements of all school funds handled by the board;

Reports of expenditures for public schools, which, upon request must be made available on an individual district basis by the State Department of Education;

1. Total Student Expenditures:

a. Instruction (1000s);

b. Other Student Instructional Expenditures (2100s, 2200s);

2. General Administration (2300s and 2500s);

3. School Administration (2400s);

4. Other Expenditures (2600s, 2700s, 2800s, 3100s, 3200s); and

5. Nonoperational Expenditures (4000s, 5000s, 6000s);

The number of school districts, schoolteachers employed, school administrators employed, pupils taught and the attendance record of pupils therein;

County and district levies for each school district and agricultural high school;

The condition of vocational education, a list of schools to which federal and state aid has been given, and a detailed statement of the expenditures of federal funds and the state funds that may be provided, and the ranking of subjects taught as compared with the state’s needs.

Other as directed by the State Board of Education.

Further, the reporting process will include an annual report developed specifically to relate the mission and goals of the State Board of Education, state superintendent and departments. This document will become the method through which the strategic planning and management process of the department is articulated to the public. It will explain and inform the public of the major initiatives of the department and clearly identify rationale for program development and/or elimination. The report will establish benchmarks, future plans and discuss the effectiveness of educational programs.

In addition to the information specified herein, the State Board of Education shall have full and plenary authority and power to require the furnishing of such further, additional and supplementary information as it may deem necessary for the purpose of determining the cost of the adequate education program in such school district for the succeeding fiscal year, the amount of the adequate education program funds to be allotted to each school district for the succeeding fiscal year, and for any other purpose authorized by law or deemed necessary by said State Board of Education.

It shall be the duty of the State Department of Education to prescribe the forms for the reports provided for in this section.

HISTORY: Laws, 1997, ch. 612, § 14; Laws, 2011, ch. 442, § 6, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2011 amendment added (c)(i)-(v) and made related changes; and deleted (d), which read “Teacher and administrator certification and experience levels.”

§ 37-151-99. Preliminary estimate of education cost and amounts to be distributed.

Based upon the information obtained pursuant to Section 37-151-97 and upon such other and further information as provided by law, the State Department of Education shall, on or before June 1 of each year, or as soon thereafter as is practical, furnish each school board the preliminary estimate of the amount each will receive from the common school fund and the adequate education program fund for the succeeding scholastic year, and at the same time shall furnish each such school board with a tentative estimate of the cost of the adequate education program in the school district for such succeeding fiscal year.

HISTORY: Laws, 1997, ch. 612, § 15, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 37-151-101. Distribution of funds.

It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Officer such data and information as may be required to enable the said State Treasurer and State Fiscal Officer to distribute the common school funds and adequate education program funds by electronic funds transfer to the several school districts and charter schools at the time required and provided under the provisions of this chapter. Such data and information so filed shall show in detail the amount of funds to which each school district and charter school is entitled from such common school fund and adequate education program fund. Such data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Officer shall distribute to the several school districts and charter schools the amounts to which they are entitled from the common school fund and the adequate education program fund as provided by this chapter. Such distribution shall be made by electronic funds transfer to the depositories of the several school districts and charter schools designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for such distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Officer, which shall set forth the purpose, amount and payees, and shall be in such form as may be approved by the State Fiscal Officer so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of said electronic funds transfers shall be transmitted by the school district and charter school depositories to the Treasurer, who shall file duplicates with the State Fiscal Officer. The Treasurer and State Fiscal Officer shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts and charter schools.

HISTORY: Laws, 1997, ch. 612, § 16; Laws, 2013, ch. 497, § 89, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Amendment Notes —

The 2013 amendment inserted “and charter schools” following “school districts” and “and charter school” following “school district” throughout the section.

§ 37-151-103. Payment of funds.

  1. Funds due each school district and charter school under the terms of this chapter from the Adequate Education Program Fund shall be paid in the following manner: Two (2) business days prior to the last working day of each month there shall be paid to each school district and charter school, by electronic funds transfer, one-twelfth (1/12) of the funds to which the district or charter school is entitled from funds appropriated for the Adequate Education Program Fund. However, in December those payments shall be made on December 15th or the next business day after that date. All school districts shall process a single monthly payroll for licensed employees and may process a single monthly or a semimonthly payroll for nonlicensed employees, in the discretion of the local school board, with electronic settlement of payroll checks secured through direct deposit of net pay for all school district employees. In addition, the State Department of Education may pay school districts and charter schools from the common school fund and the Adequate Education Program Fund on a date earlier than provided for by this section if it is determined that it is in the best interest of school districts and charter schools to do so.

    Provided, however, that if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts and charter schools in the state as determined by the State Superintendent of Education, the State Fiscal Officer shall not transfer said funds payable to any school district or districts or charter schools until money is available to pay the amount due to all districts and charter schools.

  2. Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.
  3. In the event of an inordinately large number of absentees in any school district or charter school as a result of epidemic, natural disaster, or any concerted activity discouraging school attendance, then in such event school attendance for the purposes of determining average daily attendance under the adequate education program shall be based upon the average daily attendance for the preceding school year for such school district or charter school.

HISTORY: Laws, 1997, ch. 612, § 17; Laws, 2002, ch. 551, § 3; Laws, 2003, ch. 546, § 2; Laws, 2012, ch. 543, § 5; Laws, 2013, ch. 497, § 90; Laws, 2013, ch. 566, § 2; Laws, 2014, ch. 420, § 1, eff from and after passage (approved Mar. 24, 2014.).

Joint Legislative Committee Note —

Section 90 of ch. 497, Laws of 2013, effective from and after July 1, 2013 (approved April 17, 2013), amended this section. Section 2 of ch. 566, Laws of 2013, effective from and after July 1, 2013 (approved April 25, 2013), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the August 1, 2013, meeting of the Committee.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Amendment Notes —

The 2002 amendment rewrote the section.

The 2003 amendment rewrote (1).

The 2012 amendment, in the first paragraph of (1), substituted “On the two (2) days prior to the last day of each month” for “On the twenty-fifth day of each month” in the first sentence, and inserted the third sentence.

The first 2013 amendment (ch. 497), inserted “and charter schools,” or “and charter school” and “or charter school” or “or charter schools” following “district” or “districts” throughout.

The second 2013 amendment (ch. 566), rewrote the first sentence in (1), which formerly read: “Funds due each school district under the terms of this chapter from the Adequate Education Program Fund shall be paid in the following manner: On the two (2) days prior to the last day of each month, or the next business date after that date, there shall be paid to each school district by electronic funds transfer one-twelfth (1/12) of the funds to which the district is entitled from funds appropriated for the Adequate Education Program Fund.”

The 2014 amendment inserted “for licensed employees and may process a single monthly or a semimonthly payroll for nonlicensed employees, in the discretion of the local school board” in the third sentence of the first paragraph of (1).

Comparable Laws from other States —

Illinois: 45 ILCS 50/1 through 50/1.10, 50/2 through 50/4.

Indiana: Burns Ind. Code Ann. §§14-35-4-1 through14-35-4-3.

Kentucky: KRS § 350.300.

Louisiana: La. R.S. 30:951 through 30:955.

Maryland: Md. Environment Code Ann. §§ 15-901, 15-902.

Missouri: §§ 444.400 through 444.420 R.S.Mo.

New York: NY CLS ECL § 23-2722.

North Carolina: N.C. Gen. Stat. §§ 74-37, 74-38.

North Dakota: N.D. Cent. Code, §38-20-01.

Ohio: ORC Ann. 1514.30.

Oklahoma: 45 Okl. St. §§ 851 through 853.

Pennsylvania: 52 P.S. §§ 3251 through 3257.

South Carolina: S.C. Code Ann. §§48-21-10 through48-21-30.

Tennessee: Tenn. Code Ann. §§59-10-101 through59-10-104.

Texas: Tex. Nat. Res. Code §§ 132.001 through 132.0082.

Virginia: Va. Code Ann. § 45.1-271.

West Virginia: W.Va. Code §§ 22C-10-1 through 22C-10-3.

Administration and Enforcement

§ 37-151-105. Regulations.

The State Board of Education shall have the authority to make such regulations not inconsistent with law which it deems necessary for the administration of this chapter. The State Board of Education, if it deems such practice necessary, may use reports of the first six (6) months of school for the purpose of determining average daily attendance and the number of pupils transported for that year.

HISTORY: Laws, 1997, ch. 612, § 18, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

§ 37-151-107. Violations; penalties.

Any superintendent of education, member of the local school board of any school district, superintendent, principal, teacher, carrier, bus driver or member or employee of the State Department of Education or State Board of Education, or any other person, who shall willfully violate any of the provisions of this chapter, or who shall willfully make any false report, list or record, or who shall willfully make use of any false report, list or record, concerning the number of school children in average daily attendance or the number of children being transported or entitled to be transported in any county or school district, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a period not to exceed sixty (60) days or by a fine of not less than One Hundred Dollars ($100.00), nor more than Three Hundred Dollars ($300.00), or by both such fine and imprisonment, in the discretion of the court. In addition, any such person shall be civilly liable for all amounts of public funds which are illegally, unlawfully or wrongfully expended or paid out by virtue of or pursuant to such false report, list or record, and upon conviction or adjudication of civil liability hereunder, such person shall forfeit his license to teach for a period of three (3) years, if such person is the holder of such a license. Any suit to recover such funds illegally, unlawfully or wrongfully expended or paid out may be brought in the name of the State of Mississippi by the Attorney General or the proper district attorney or county attorney, and, in the event such suit be brought against a person who is under bond, the sureties upon such bond shall likewise be liable for such amount illegally, unlawfully or wrongfully expended or paid out.

HISTORY: Laws, 1997, ch. 612, § 19, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1997, ch. 612, was vetoed by the Governor on April 10, 1997. The veto was overridden at the 1st 1997 Extraordinary Session of the Legislature on April 23, 1997.

Chapter 152. Commission on Restructuring the Mississippi Adequate Education Program (MAEP)

§ 37-152-1. Commission created; duty to study and report on various factors related to MAEP; Board of Education to contract with consulting firm with expertise in public school funding formulas to assist with study; report of findings to Legislature; periodic studies; commission membership; appointments; meetings; quorum requirements; compensation.

  1. There is created a Commission on Restructuring the Mississippi Adequate Education Program (MAEP). The commission shall, at a minimum, study and report on the following factors related to MAEP:
    1. Efficiency;
    2. Local contributions to MAEP;
    3. Base student cost;
    4. Selection of school districts for funding calculations;
    5. The factors that contribute to high performing schools;
    6. Add-on programs;
    7. High growth districts;
    8. At-risk student funds; and
    9. Determination of average daily attendance.
  2. The State Board of Education shall contract with a consulting firm that has expertise in public school funding formulas to assist the commission with the study. The commission shall make a report of its findings and recommendations to the Legislature by November 1, 2005, including any recommended legislation. The commission shall continue in existence and shall conduct a periodic study to update its recommendations relative to MAEP and make a report by November 1 in the first year of every four-year term of office of statewide officials and legislators.
  3. The commission shall be composed of the following seventeen (17) members:
    1. The Chairmen of the House and Senate Education Committees;
    2. The Chairmen of the House and Senate Appropriation Committees;
    3. Three (3) representatives to be appointed by the Speaker of the House, at least one (1) of which shall be a member of the Joint Legislative Budget Committee;
    4. Three (3) Senators to be appointed by the Lieutenant Governor, at least one (1) of which shall be a member of the Joint Legislative Budget Committee;
    5. The State Superintendent of Education, or his designee;
    6. The Associate State Superintendent of Education for Accountability;
    7. The State Auditor, or his designee;
    8. A local school superintendent appointed by the Governor;
    9. A local school business administrator designated by the Mississippi School Boards Association;
    10. A member of the State Board of Education appointed by the Chairman of the board; and
    11. The Executive Director of the Legislative Budget Office.
  4. Appointments shall be made within thirty (30) days after the July 1, 2005. The commission shall hold its first meeting before August 1, 2005. The Chairman of the House Education Committee and the Chairman of the Senate Education Committee shall serve as co-chairmen of the commission.
  5. A majority of the members of the task force shall constitute a quorum. In the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members shall be notified in writing of all meetings, such notices to be mailed at least five (5) days prior to the date on which a meeting is to be held.
  6. Members of the commission may not be compensated for the performance of their duties. Any incidental costs associated with conducting the study shall be paid by the State Department of Education.
  7. The commission is authorized to accept money from any source, public or private, to be expended in implementing its duties under this section.
  8. To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairperson of the task force, provide to the commission such facilities, assistance and data as will enable the commission to properly carry out its duties.

HISTORY: Laws, 2005, ch. 531, § 1, eff from and after July 1, 2005.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Mississippi Adequate Education Program, see §§37-151-1 et seq.

§ 37-152-3. Repealed.

Repealed by its own terms, effective July 1, 2012.

§37-152-3. [Laws, 2009, ch. 507, § 1, eff from and after July 1, 2009.]

Editor’s Notes —

Former §37-152-3 was entitled: Task force to study and report on failing schools and school districts, effectiveness measures for improvement of failing schools and school districts and enhancement of accountability and sanctions; task force composition and compensation; matters to be studied and reported on; staff; annual report of findings and recommendations.

Chapter 153. Workforce Training and Education Consolidation Act

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in the title of this chapter. The word “and” was deleted following “Workforce.” The Joint Committee ratified the correction at its December 3, 1996 meeting.

§ 37-153-1. Short title [Repealed effective July 1, 2023].

This chapter shall be known and may be cited as the “Mississippi Comprehensive Workforce Training and Education Consolidation Act of 2004.”

HISTORY: Laws, 1994, ch. 585, § 1; Laws, 1996, ch. 521, § 7; Laws, 2004, ch. 572, § 1; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 1; reenacted without change, Laws, 2010, ch. 559, § 1; reenacted without change, Laws, 2011, ch. 471, § 1; reenacted without change, Laws, 2012, ch. 515, § 1, eff from and after July 1, 2012; § 1.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The word “act” was changed to “chapter”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Amendment Notes —

The 2004 amendment rewrote the section.

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

§ 37-153-3. Legislative intent [Repealed effective July 1, 2023].

It is the intent of the Legislature by the passage of Chapter 572, Laws of 2004, to establish one (1) comprehensive workforce development system in the State of Mississippi that is focused on achieving results, using resources efficiently and ensuring that workers and employers can easily access needed services. This system shall reflect a consolidation of the Mississippi Workforce Development Advisory Council and the Mississippi State Workforce Investment Act Board. The purpose of Chapter 572, Laws of 2004, is to provide workforce activities, through a statewide system that maximizes cooperation among state agencies, that increase the employment, retention and earnings of participants, and increase occupational skill attainment by participants and as a result, improve the quality of the workforce, reduce welfare dependency and enhance the productivity and competitiveness of the State of Mississippi.

HISTORY: Laws, 1994, ch. 585, § 2; Laws, 2004, ch. 572, § 2; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 2; reenacted without change, Laws, 2010, ch. 559, § 2; reenacted and amended, Laws, 2011, ch. 471, § 2; reenacted without change, Laws, 2012, ch. 515, § 2, eff from and after July 1, 2012; § 2.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The word “act” was changed to “chapter”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Amendment Notes —

The 2004 amendment rewrote the section.

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted and amended the section by substituting “Chapter 572, Laws of 2004” for “Laws, 2004, ch. 572” in the first and third sentences.

The 2012 amendment reenacted the section without change.

§ 37-153-5. Definitions [Repealed effective July 1, 2023].

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed in this section unless the context clearly indicates otherwise:

“State board” means the Mississippi State Workforce Investment Board;

“District councils” means the Local Workforce Development Councils;

“Local workforce investment board” means the board that oversees the workforce development activities of local workforce areas under the federal Workforce Investment Act.

HISTORY: Laws, 1994, ch. 585, § 3; Laws, 1996, ch. 521, § 8; Laws, 2004, ch. 572, § 3; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 3; reenacted without change, Laws, 2010, ch. 559, § 3; reenacted without change, Laws, 2011, ch. 471, § 3; reenacted without change, Laws, 2012, ch. 515, § 3, eff from and after July 1, 2012; § 3.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The word “act” was changed to “chapter”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Amendment Notes —

The 2004 amendment rewrote (a) and (b); and added (c).

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

§ 37-153-7. Mississippi State Workforce Investment Board created; duties; membership; staff and administration [Repealed effective July 1, 2023].

  1. There is created the Mississippi State Workforce Investment Board. The Mississippi State Workforce Investment Board shall be composed of forty-one (41) voting members, of which a majority shall be representatives of business and industry in accordance with the federal Workforce Investment Act.
    1. The Governor shall appoint the following members of the board to serve a term of four (4) years:
      1. The Executive Director of the Mississippi Association of Supervisors, or his/her designee;
      2. The Executive Director of the Mississippi Municipal League;
      3. One (1) elected mayor;
      4. One (1) representative of an apprenticeship program in the state;
      5. One (1) representative of labor organizations, who has been nominated by state labor federations;
      6. One (1) representative of individuals and organizations that has experience with respect to youth activities;
      7. One (1) representative of the Mississippi Association of Planning and Development Districts;
      8. One (1) representative from each of the four (4) workforce areas in the state, who has been nominated by the community colleges in each respective area, with the consent of the elected county supervisors within the respective workforce area;
      9. The chair of the Mississippi Association of Community and Junior Colleges; and
      10. Twenty-one (21) representatives of business owners nominated by business and industry organizations, which may include representatives of the various planning and development districts in Mississippi.
    2. The following state officials shall be members of the board:
      1. The Executive Director of the Mississippi Department of Employment Security;
      2. The Executive Director of the Department of Rehabilitation Services;
      3. The State Superintendent of Public Education;
      4. The Executive Director of the Mississippi Development Authority;
      5. The Executive Director of the Mississippi Department of Human Services;
      6. The Executive Director of the Mississippi Community College Board; and
      7. The Commissioner of the Institutions of Higher Learning.
    3. The Governor, or his designee, shall serve as a member.
    4. Four (4) legislators, who shall serve in a nonvoting capacity, two (2) of whom shall be appointed by the Lieutenant Governor from the membership of the Mississippi Senate, and two (2) of whom shall be appointed by the Speaker of the House from the membership of the Mississippi House of Representatives.
    5. The membership of the board shall reflect the diversity of the State of Mississippi.
    6. The Governor shall designate the Chairman of the Mississippi State Workforce Investment Board from among the voting members of the board, and a quorum of the board shall consist of a majority of the voting members of the board.
    7. The voting members of the board who are not state employees shall be entitled to reimbursement of their reasonable expenses incurred in carrying out their duties under this chapter, from any funds available for that purpose.
  2. The Mississippi Department of Employment Security shall establish limits on administrative costs for each portion of Mississippi’s workforce development system consistent with the federal Workforce Investment Act or any future federal workforce legislation.
  3. The Mississippi State Workforce Investment Board shall have the following duties:
    1. Develop and submit to the Governor a strategic plan for an integrated state workforce development system that aligns resources and structures the system to more effectively and efficiently meet the demands of Mississippi’s employers and job seekers. This plan will comply with the federal Workforce Investment Act of 1998, as amended, the federal Workforce Innovation and Opportunity Act of 2014 and amendments and successor legislation to these acts;
    2. Assist the Governor in the development and continuous improvement of the statewide workforce investment system that shall include:
      1. Development of linkages in order to assure coordination and nonduplication among programs and activities; and
      2. Review local workforce development plans that reflect the use of funds from the federal Workforce Investment Act, Workforce Innovation and Opportunity Act, the Wagner-Peyser Act and the amendment or successor legislation to the acts, and the Mississippi Comprehensive Workforce Training and Education Consolidation Act;
    3. Recommend the designation of local workforce investment areas as required in Section 116 of the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014. There shall be four (4) workforce investment areas that are generally aligned with the planning and development district structure in Mississippi. Planning and development districts will serve as the fiscal agents to manage Workforce Investment Act funds, oversee and support the local workforce investment boards aligned with the area and the local programs and activities as delivered by the one-stop employment and training system. The planning and development districts will perform this function through the provisions of the county cooperative service districts created under Sections 19-3-101 through 19-3-115; however, planning and development districts currently performing this function under the Interlocal Cooperation Act of 1974, Sections 17-13-1 through 17-13-17, may continue to do so;
    4. Assist the Governor in the development of an allocation formula for the distribution of funds for adult employment and training activities and youth activities to local workforce investment areas;
    5. Recommend comprehensive, results-oriented measures that shall be applied to all of Mississippi’s workforce development system programs;
    6. Assist the Governor in the establishment and management of a one-stop employment and training system conforming to the requirements of the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014, as amended, recommending policy for implementing the Governor’s approved plan for employment and training activities and services within the state. In developing this one-stop career operating system, the Mississippi State Workforce Investment Board, in conjunction with local workforce investment boards, shall:
      1. Design broad guidelines for the delivery of workforce development programs;
      2. Identify all existing delivery agencies and other resources;
      3. Define appropriate roles of the various agencies to include an analysis of service providers’ strengths and weaknesses;
      4. Determine the best way to utilize the various agencies to deliver services to recipients; and
      5. Develop a financial plan to support the delivery system that shall, at a minimum, include an accountability system;
    7. Assist the Governor in reducing duplication of services by urging the local workforce investment boards to designate the local community/junior college as the operator of the WIN Job Center. Incentive grants of Two Hundred Thousand Dollars ($200,000.00) from federal Workforce Investment Act funds may be awarded to the local workforce boards where the community/junior college district is designated as the WIN Job Center. These grants must be provided to the community and junior colleges for the extraordinary costs of coordinating with the Workforce Investment Act, advanced technology centers and advanced skills centers. In no case shall these funds be used to supplant state resources being used for operation of workforce development programs;
    8. To provide authority, in accordance with any executive order of the Governor, for developing the necessary collaboration among state agencies at the highest level for accomplishing the purposes of this chapter;
    9. To monitor the effectiveness of the workforce development centers and WIN job centers;
    10. To advise the Governor, public schools, community/junior colleges and institutions of higher learning on effective school-to-work transition policies and programs that link students moving from high school to higher education and students moving between community colleges and four-year institutions in pursuit of academic and technical skills training;
    11. To work with industry to identify barriers that inhibit the delivery of quality workforce education and the responsiveness of educational institutions to the needs of industry;
    12. To provide periodic assessments on effectiveness and results of the overall Mississippi comprehensive workforce development system and district councils; and
    13. To assist the Governor in carrying out any other responsibility required by the federal Workforce Investment Act of 1998, as amended and the Workforce Innovation and Opportunity Act, successor legislation and amendments.
  4. The Mississippi State Workforce Investment Board shall coordinate all training programs and funds in the State of Mississippi.

    Each state agency director responsible for workforce training activities shall advise the Mississippi State Workforce Investment Board of appropriate federal and state requirements. Each such state agency director shall remain responsible for the actions of his agency; however, each state agency and director shall work cooperatively, and shall be individually and collectively responsible to the Governor for the successful implementation of the statewide workforce investment system. The Governor, as the Chief Executive Officer of the state, shall have complete authority to enforce cooperation among all entities within the state that utilize federal or state funding for the conduct of workforce development activities.

  5. The State Workforce Investment Board shall establish a Rules Committee. The Rules Committee, in consultation with the full board, shall be designated as the body with the sole authority to promulgate rules and regulations for distribution of Mississippi Works Funds created in Section 71-5-353. The State Workforce Investment Board Rules Committee shall develop and submit rules and regulations in accordance with the Mississippi Administrative Procedures Act, within sixty (60) days of March 21, 2016. The State Workforce Investment Board Rules Committee shall consist of the following State Workforce Investment Board members:
    1. The Executive Director of the Mississippi Development Authority;
    2. The Executive Director of the Mississippi Department of Employment Security;
    3. The Executive Director of the Mississippi Community College Board;
    4. The Chair of the Mississippi Association of Community and Junior Colleges;
    5. The Chair of the State Workforce Investment Board;
    6. A representative from the workforce areas selected by the Mississippi Association of Workforce Areas, Inc.;
    7. A business representative currently serving on the board, selected by the Chairman of the State Workforce Investment Board; and
    8. Two (2) legislators, who shall serve in a nonvoting capacity, one (1) of whom shall be appointed by the Lieutenant Governor from the membership of the Mississippi Senate and one (1) of whom shall be appointed by the Speaker of the House of Representatives from the membership of the Mississippi House of Representatives.
  6. The Mississippi State Workforce Investment Board shall create and implement performance metrics for the Mississippi Works Fund to determine the added value to the local and state economy and the contribution to the future growth of the state economy. A report on the performance of the fund shall be made to the Governor, Lieutenant Governor and Speaker of the House of Representatives annually, throughout the life of the fund.

HISTORY: Laws, 1994, ch. 585, § 4; Laws, 1996, ch. 521, § 9; Laws, 2002, ch. 329, § 4; Laws, 2004, ch. 572, § 4; Laws, 2005, ch. 391, § 2; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 4; reenacted without change, Laws, 2010, ch. 559, § 4; reenacted without change, Laws, 2011, ch. 471, § 4; reenacted without change, Laws, 2012, ch. 515, § 4; Laws, 2014, ch. 397, § 48; Laws, 2016, ch. 302, § 4, eff from and after passage (approved Mar. 21, 2016); § 4.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The word “act” was changed to “chapter”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

The reference to “the effective date of this act” at the end of the third sentence of (5) refers to March 21, 2016, the date the Governor signed SB 2808.

Amendment Notes —

The 2002 amendment added “or his designee” in (2)(b); and substituted “Mississippi Development Authority” for “Mississippi Department of Economic and Community Development” throughout the section.

The 2004 amendment rewrote the section.

The 2005 amendment rewrote (1)(a)(v) and (1)(a)(vi) to revise the membership of the Mississippi State Workforce Investment Board; and substituted “Mississippi Department of Employment Security” for “Mississippi Development Authority” in (1)(h) and (2).

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted and amended the section by making minor stylistic changes.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (1)(b)(vi).

The 2016 amendment substituted “forty-one (41)” for “thirty-nine (39)” in (1); in (1)(a), rewrote (iv), which read: “One (1) elected county supervisor,” substituted “One (1)” for “Two (2)” and made related grammatical changes in (v) and (vi), added (ix), redesignated former (ix) as (x) and therein substituted “Twenty-one (21)” for “Nineteen (19)”; added (1)(b)(vii) and made related stylistic changes; deleted former (1)(h), which read: “The Mississippi Department of Employment Security shall be responsible for providing necessary administrative, clerical and budget support for the State Workforce Investment Board”; in (3), added references to “the Workforce Innovation and Opportunity Act of 2014” and “amendments and successor legislation to these acts” or similar language wherever they appear; and added (5) and (6).

Cross References —

Mississippi Administrative Procedures Act, see §25-43-1.101 et seq.

Federal Aspects—

Wagner-Peyser Act generally, see 29 USCS §§ 49 et seq.

Workforce Investment Act of 1998 generally, see 29 USCS §§ 2801 et seq.

Section 116 of the Workforce Investment Act of 1998, see 29 USCS 2831.

Workforce Innovation and Opportunity Act of 2014, see Pub. L. No. 113-128, 128 Stat. 1425.

§ 37-153-9. District work force development councils created; duties; membership [Repealed effective July 1, 2023].

  1. In accordance with the federal Workforce Investment Act of 1998, there shall be established, for each of the four (4) state workforce areas prescribed in Section 37-153-3 (2)(c), a local workforce investment board to set policy for the portion of the state workforce investment system within the local area and carry out the provisions of the Workforce Investment Act.
  2. Each community college district shall have an affiliated District Workforce Development Council. The district council shall be composed of a diverse group of fifteen (15) persons appointed by the board of trustees of the affiliated public community or junior college. The members of each district council shall be selected from persons recommended by the chambers of commerce, employee groups, industrial foundations, community organizations and local governments located in the community college district of the affiliated community college with one (1) appointee being involved in basic literacy training. However, at least eight (8) members of each district council shall be chief executive officers, plant managers that are representatives of employers in that district or service sector executives. The District Workforce Development Council affiliated with each respective community or junior college shall advise the president of the community or junior college on the operation of its workforce development center/one-stop center.

    The Workforce Development Council shall have the following advisory duties:

    1. To develop an integrated and coordinated district workforce investment strategic plan that:
      1. Identifies workforce investment needs through job and employee assessments of local business and industry;
      2. Sets short-term and long-term goals for industry-specific training and upgrading and for general development of the workforce; and
      3. Provides for coordination of all training programs, including ABE/High School Equivalency Diploma, Skills Enhancement and Industrial Services, and shall work collaboratively with the State Literacy Resource Center;
    2. To coordinate and integrate delivery of training as provided by the workforce development plan;
    3. To assist business and industry management in the transition to a high-powered, quality organization;
    4. To encourage continuous improvement through evaluation and assessment; and
    5. To oversee development of an extensive marketing plan to the employer community.

HISTORY: Laws, 1994, ch. 585, § 5; Laws, 1996, ch. 521, § 10; Laws, 2004, ch. 572, § 5; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 5; reenacted without change, Laws, 2010, ch. 559, § 5; reenacted without change, Laws, 2011, ch. 471, § 5; reenacted without change, Laws, 2012, ch. 515, § 5; Laws, 2014, ch. 398, § 9, eff from and after July 1, 2014; § 5.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Amendment Notes —

The 2004 amendment rewrote the section.

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment substituted “High School Equivalency Diploma” for “GED” in (2)(a)(iii).

§ 37-153-11. One-Stop Career Centers; staff and organization; duties [Repealed effective July 1, 2023].

  1. There are created workforce development centers to provide assessment, training and placement services to individuals needing retraining, training and upgrading for small business and local industry. Each workforce development center shall be affiliated with a separate public community or junior college district.
  2. Each workforce development center shall be staffed and organized locally by the affiliated community college. The workforce development center shall serve as staff to the affiliated district council.
  3. Each workforce development center, working in concert with its affiliated district council, shall offer and arrange services to accomplish the purposes of this chapter, including, but not limited to, the following:
    1. For individuals needing training and retraining:
      1. Recruiting, assessing, counseling and referring to training or jobs;
      2. Preemployment training for those with no experience in the private enterprise system;
      3. Basic literacy skills training and high school equivalency education;
      4. Vocational and technical training, full-time or part-time; and
      5. Short-term skills training for educationally and economically disadvantaged adults in cooperation with federally established employment and training programs;
    2. For specific small businesses, industries or firms within the district:
      1. Job analysis, testing and curriculum development;
      2. Development of specific long-range training plans;
      3. Industry or firm-related preemployment training;
      4. Workplace basic skills and literacy training;
      5. Customized skills training;
      6. Assistance in developing the capacity for total quality management training;
      7. Technology transfer information and referral services to business of local applications of new research in cooperation with the University Research Center, the state’s universities and other laboratories; and
      8. Development of business plans;
    3. For public schools within the district technical assistance to secondary schools in curriculum coordination, development of tech prep programs, instructional development and resource coordination; and
    4. For economic development, a local forum and resource center for all local industrial development groups to meet and promote regional economic development.
  4. Each workforce development center shall compile and make accessible to the Mississippi Workforce Investment Board necessary information for use in evaluating outcomes of its efforts and in improving the quality of programs at each community college, and shall include information on literacy initiatives. Each workforce development center shall, through an interagency management information system, maintain records on new small businesses, placement, length of time on the job after placement and wage rates of those placed in a form containing such information as established by the state council.
  5. The Mississippi Community College Board is authorized to designate one or more workforce development centers at the request of affiliated community or junior colleges to provide skills training to individuals to enhance their ability to be employed in the motion picture industry in this state.

HISTORY: Laws, 1994, ch. 585, § 6; Laws, 1996, ch. 521, § 11; Laws, 2004, ch. 572, § 6; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 6; reenacted without change, Laws, 2010, ch. 559, § 6; reenacted without change, Laws, 2011, ch. 471, § 6; reenacted without change, Laws, 2012, ch. 515, § 6; Laws, 2012, ch. 568, § 1, eff from and after July 1, 2012; § 6.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The word “act” was changed to “chapter”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Section 6 of ch. 515, Laws of 2012, effective from and after July 1, 2012 (approved May 1, 2012), amended this section. Section 1 of ch. 568, Laws of 2012, effective July 1, 2012 (approved May 23, 2012), amended this section. As set out above, this section reflects the language of Section 1 of ch. 568, Laws of 2012, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date supersedes all other amendments to the same section approved on an earlier date.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Amendment Notes —

The 2004 amendment, in (1), substituted “workforce development centers” for “One-Stop Career centers” and inserted “small business and” in the first sentence, and substituted “workforce development center” for “One-Stop Career center” in the second sentence; inserted “small businesses” in (3)(b); added (3)(b)(viii); in (4), inserted “to the Mississippi Workforce Investment Board” in the first sentence, and inserted “new small businesses” preceding “placement” in the second sentence; substituted “workforce development center” for “career center” throughout; and made minor stylistic changes.

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The first 2012 amendment (ch. 515), reenacted the section without change.

The second 2012 amendment (ch. 568), added (5).

§ 37-153-13. Mississippi Community College Board to be primary support agency for the career centers and district councils; powers [Repealed effective July 1, 2023].

The Mississippi Community College Board is designated as the primary support agency to the workforce development centers. The Mississippi Community College Board may exercise the following powers:

To provide the workforce development centers the assistance necessary to accomplish the purposes of this chapter;

To provide the workforce development centers consistent standards and benchmarks to guide development of the local workforce development system and to provide a means by which the outcomes of local services can be measured;

To develop the staff capacity to provide, broker or contract for the provision of technical assistance to the workforce development centers, including, but not limited to:

Training local staff in methods of recruiting, assessment and career counseling;

Establishing rigorous and comprehensive local preemployment training programs;

Developing local institutional capacity to deliver total quality management training;

Developing local institutional capacity to transfer new technologists into the marketplace;

Expanding the Skills Enhancement Program and improving the quality of adult literacy programs; and

Developing data for strategic planning;

To collaborate with the Mississippi Development Authority and other economic development organizations to increase the community college systems’ economic development potential;

To administer presented and approved certification programs by the community colleges for tax credits and partnership funding for corporate training;

To create and maintain an evaluation team that examines which kinds of curricula and programs and what forms of quality control of training are most productive so that the knowledge developed at one (1) institution of education can be transferred to others;

To develop internal capacity to provide services and to contract for services from universities and other providers directly to local institutions;

To develop and administer an incentive certification program;

To develop and hire staff and purchase equipment necessary to accomplish the goals set forth in this section; and

To collaborate, partner and contract for services with community-based organizations and disadvantaged businesses in the delivery of workforce training and career information especially to youth, as defined by the federal Workforce Investment Act, and to those adults who are in low income jobs or whose individual skill levels are so low as to be unable initially to be aided by a workforce development center. Community-based organizations and disadvantaged businesses must meet performance-based certification requirements set by the Mississippi Community College Board.

HISTORY: Laws, 1994, ch. 585, § 7; Laws, 1996, ch. 521, § 12; Laws, 2004, ch. 572, § 7; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 7; reenacted without change, Laws, 2010, ch. 559, § 7; reenacted without change, Laws, 2011, ch. 471, § 7; Laws, 2014, ch. 397, § 49, eff from and after July 1, 2014; § 7.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The word “act” was changed to “chapter”. The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

Amendment Notes —

The 2004 amendment inserted “for Community and Junior Colleges” in the introductory language; substituted “workforce development” for “career centers” throughout; substituted “Mississippi Development Authority” for “Department of Economic and Community Development” in (d); added (j) and made minor stylistic changes.

The 2008 amendment (ch. 30, 1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” twice in the introductory paragraph and once in (j).

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

§ 37-153-15. [Effective July 1, 2019].

  1. As used in this chapter:
    1. The words “industry certification” mean a voluntary process through which students are assessed by an independent, third-party certifying entity using predetermined standards for knowledge, skills and competencies, resulting in the award of a credential that is nationally recognized and must be at least one (1) of the following:
      1. Within an industry that addresses a critical local, regional or statewide economic need;
      2. Linked to an occupation that is included in the State Department of Employment Security’s occupations in high-demand list; or
      3. Linked to an occupation that is identified as emerging.
    2. The words “qualifying industry certification” mean an industry certification that is linked to an occupation with wages of at least seventy percent (70%) of the average annual wage in this state unless the industry certification is stackable to another postsecondary or professional credential which is linked to an occupation which meets the wage criterion.
  2. The State Workforce Investment Board shall provide the State Board of Education annually with a list of qualifying industry certifications. If the occupations identified in the list are not substantially the same as those occupations identified in the prior year, the State Board of Education shall provide reasonable notice of the changes to school districts.
  3. Beginning in fiscal year 2019-2020 and subject to available funding, the Department of Education shall pay a career and technical education incentive grant to the public school for each student enrolled in the public school who earns a qualifying industry certification. The amount per student for the career and technical education incentive grant shall be Six Hundred Dollars ($600.00). If the statewide sum of the career and technical education incentive grants awarded pursuant to this section exceeds the amount of available funds appropriated for the grants, the grants per student shall be reduced proportionately to cover all eligible grants under this section.
  4. The grants may be used for qualifying industry certification examination fees, professional development for teachers in career and technical education programs under this section, student instructional support for programs that lead to qualifying industry certifications, or to increase access to qualifying industry certifications. Any grants awarded under this section may not be used to supplant funds provided for the basic operation of the career and technical education programs.
  5. On or before July 1 of each year, the Department of Education shall submit a report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairmen of the House and Senate Education Committees, the Chairman of the House Workforce Development Committee and the Chairman of the Senate Labor Committee on the following:
    1. The number of students who enrolled in a career and technical education course or program that leads to a qualifying industry certification.
    2. The number of students who earned a qualifying industry certification by certification.
    3. The amount of career and technical education incentive grants awarded by the school.
    4. The amount of career and technical education incentive grants awarded per student.
    5. Aggregated demographic data on the students who earned a qualifying industry certification, including the qualifying industry certifications earned by rural and urban students.

HISTORY: Laws, 2019, ch. 434, § 1, eff from and after July 1, 2019.

Chapter 154. State Longitudinal Data System

§ 37-154-1. State Longitudinal Data System (SLDS); establishment.

  1. To improve quality of life, education and employment opportunities for all citizens, the appropriate agencies of the State of Mississippi listed in subsection (2) of this section shall develop and maintain a State Longitudinal Data System (SLDS). The system will allow stakeholders and policymakers access data on state residents from birth to the workforce to drive accountability and investment decisions. The system will include data from multiple state agencies and entities. The system will provide decision makers a tool to develop policies to support objectives, including, but not limited to:
    1. Enabling Mississippians to secure and retain employment and receive better pay after completing training or postsecondary degrees;
    2. Enabling Mississippi to meet the education and job skill demands of business and industry;
    3. Developing an early warning system, which allows the state to intervene early, improving the graduation rates in high school and college;
    4. Identifying teachers, teaching methods and programs that lead to positive student outcomes; and
    5. Encouraging the sharing of electronic data across educational and other entities.
  2. Individual state agencies and state entities will send data from their internal system to the Statewide Longitudinal Data System. These initial agencies and entities shall provide data to the SLDS under the provisions developed by the SLDS Governing Board established in Section 37-154-3:
    1. Mississippi Department of Education (MDE);
    2. Mississippi Community College Board;
    3. Board of Trustees of State Institutions of Higher Learning (IHL);
    4. State Workforce Investment Board (SWIB);
    5. Mississippi Department of Employment Security (MDES);
    6. Mississippi Department of Human Services (MDHS); and
    7. State Early Childhood Advisory Council (SECAC).

      Any agencies or entities added to SLDS shall provide a representative to the SLDS Governing Board and be governed in the same manner as the initial agencies and entities.

  3. The system will be based on an existing system currently housed, developed and maintained by the National Strategic Planning and Analysis Research Center (nSPARC) at Mississippi State University. The initial agencies participating in the SLDS Governing Board and nSPARC have worked collaboratively to secure funding through the United States Department of Education to expand and enhance the capacity of the state’s existing technology infrastructure for the purposes of developing the SLDS. The State Data Center, operated by the Mississippi Department of Information Technology Services (ITS), will provide application hosting services for the SLDS until such time the SLDS Governing Board approves that another entity should perform these services.

HISTORY: Laws, 2011, ch. 407, § 1; Laws, 2014, ch. 397, § 50, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges (SBCJC)” in (2)(b).

§ 37-154-3. Governance.

  1. The SLDS will be governed by a SLDS Governing Board (the board), which shall be composed of a representative from each agency or entity providing data to the system.Each agency or entity will appoint their representative to sit on the Governing Board.For the two (2) years following July 1, 2013, the State Workforce Investment Board Chair will also serve as Chair of the SLDS Governing Board.In subsequent years, the SLDS Governing Board will elect a chair from among its members.The Chair of the SLDS Governing Board will serve a two-year term.
  2. The SLDS Governing Board shall develop and promulgate all rules and regulations governing the activities of the SLDS in accordance with applicable state and federal laws.The board is authorized to contract with a third party to manage and maintain the system and to insure the policies and procedures developed by the board are enforced.
  3. The SLDS Governing Board shall be responsible for, but not limited to, the following objectives:
    1. Identifying critical research and policy questions that need to be addressed by education (P-20) and workforce programs;
    2. Identifying reports and other information that should be available to education and workforce entities and other public stakeholders;
    3. Developing a funding mechanism for sustaining the system after it is developed;
    4. Defining and maintaining standards for privacy, confidentiality and security of data; and
    5. Performing other advisory functions that are necessary for the successful continuation and management of the longitudinal data system.
  4. Nothing in this chapter shall prevent an individual agency or entity from maintaining control of their agency’s individual data.
  5. All data provided to the SLDS shall be provided in accordance with all local, state and federal laws governing the protection and sharing of such data.

HISTORY: Laws, 2011, ch. 407, § 2, eff from and after July 1, 2013.

Chapter 155. College Savings Plans of Mississippi

Article 1. Mississippi Prepaid Affordable College Tuition (MPACT) Program.

§ 37-155-1. Short title.

This article shall be known and may be cited as the “Mississippi Prepaid Affordable College Tuition Program.”

HISTORY: Laws, 1996, ch. 427, § 1, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 2000, ch. 473, enacted a new Article 3 of Chapter 155. The previously existing provisions of Chapter 155 became Article 1 of Chapter 155. Therefore, the reference in this section to “This chapter” has been changed to “This article” to conform with the change.

OPINIONS OF THE ATTORNEY GENERAL

The MPACT Program is an agency of the State of Mississippi. See Section 37-155-1 et seq. Bennett, December 20, 1996, A.G. Op. #96-0885.

§ 37-155-3. Declaration of policy.

The Legislature hereby finds and declares as follows:

Tuition and required fees at institutions of higher education are difficult for many to afford and difficult to predict. As a result, the ability of individuals and families to plan for future educational expenses has been adversely affected.

It is in the best interest of the citizens of this state to foster higher education in order to provide well-educated citizens.

It is in the best interest of the citizens of this state to encourage state residents to enroll in institutions of higher education.

Providing a mechanism to help assure the higher education of the citizens of this state is necessary and desirable for the public health, safety and welfare.

The purposes of this article are to:

Provide wide and affordable access to the public institutions of higher education for the residents of this state.

Encourage attendance at institutions of higher education and help individuals plan for educational expenses.

Provide a program for the advance purchase of tuition and required fees as both a means and an incentive for the citizens of this state to provide for future higher education expenses.

Provide a program through which many of the costs associated with postsecondary attendance may be paid in advance and fixed at a guaranteed level for the duration of the undergraduate enrollment.

Provide for the creation of a trust fund, as an agency and instrumentality of the State of Mississippi, to assist qualified students in financing a portion of the cost of attending institutions of higher education in the State of Mississippi.

Encourage timely financial planning for higher education by the creation of prepaid tuition contracts.

HISTORY: Laws, 1996, ch. 427, § 2, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 2000, ch. 473, enacted a new Article 3 of Chapter 155. The previously existing provisions of Chapter 155 became Article 1 of Chapter 155. Therefore, the reference in this section to “this chapter” has been changed to “this article” to conform with the change.

§ 37-155-5. Definitions.

As used in this article, the following terms have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:

Prepaid Tuition Contract.— A contract entered into between the Board of Directors of the College Savings Plans of Mississippi Trust Funds and a purchaser pursuant to this article.

Trust fund.— There is created a special fund in the State of Mississippi Treasury Department to be designated as the “Mississippi Prepaid Affordable College Tuition Trust Fund” (hereinafter referred to as the trust fund or fund) and to be administered by the State of Mississippi Treasury Department. The fund shall consist of state appropriations, monies acquired from other governmental or private sources, and money remitted in accordance with prepaid tuition contracts. In the event that dividends, interest and gains exceed the amount necessary for program administration and disbursements, the board may designate a percentage of the fund to serve as a contingency fund.

Purchaser.— A person, corporation, trust, charitable organization or other such entity that makes or is obligated to make advance payments in accordance with a prepaid tuition contract entered into pursuant to this article. However, no purchaser may request or accept any form of compensation, fee, commission, service charge or any other form of payment or remuneration for entering into a contract for the benefit of a nonresident beneficiary.

Beneficiary.— (i) The beneficiary of a prepaid tuition contract must be eighteen (18) years of age or younger at the time the purchaser enters into the contract and must be: (A) a resident of this state at the time the purchaser enters into the contract; or (B) a nonresident if the purchaser is a resident of this state at the time that the contract is entered into.

The board may require a reasonable period of residence in this state for a beneficiary or the purchaser.

A beneficiary is considered a resident for purposes of tuition regardless of the beneficiary’s residence on the date of enrollment. However, for contracts entered into after July 1, 2003, this provision only applies to nonresident beneficiaries if (A) the original purchaser was the parent, grandparent or legal guardian of the beneficiary; or (B) the beneficiary was a resident of Mississippi at the time the contract was purchased.

Institution of higher education.— Any public institution of higher learning or public community or junior college located in Mississippi.

Tuition.— The quarter, semester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students.

Board or board of directors.— The Board of Directors of the College Savings Plans of Mississippi Trust Funds as provided in Section 37-155-7.

Legislature.— The Legislature of Mississippi.

HISTORY: Laws, 1996, ch. 427, § 3; Laws, 1999, ch. 378, § 1; Laws, 2000, ch. 473, § 14; Laws, 2003, ch. 311, § 1, eff from and after July 1, 2003.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation changed the words “this chapter” to be “this article” throughout the section, as amended by Laws, 2000, ch. 473, § 14. The Joint Committee ratified the correction at its June 29, 2000 meeting.

Amendment Notes —

The 1999 amendment inserted “in this section” in the first paragraph; substituted “this article” for “this act” twice; in (c), substituted “corporation, trust, charitable organization or other such entity that” for “who”; in (d)(i), substituted “eighteen (18) years of age or younger” for “younger than eighteen (18) years of age” following “must be”, substituted “if the purchaser” for “who is the child of a parent, grandparent or legal guardian who”; and in (d)(ii), substituted “purchaser” for “parent, grandparent or legal guardian of the beneficiary.”

The 2000 amendment inserted “As used in this article” in the introductory paragraph; substituted “Board of Directors of the College Savings Plans of Mississippi Trust Funds” for “Mississippi Prepaid Affordable College Tuition Program Board” in (a); and substituted “College Savings Plans of Mississippi Trust Funds” for “Mississippi Prepaid Affordable College Tuition Program Trust Fund” in (g).

The 2003 amendment added the second sentence in (c); and added the second sentence in (d)(iii).

OPINIONS OF THE ATTORNEY GENERAL

Notwithstanding Section 37-103-1 et seq., an MPACT beneficiary shall be considered a resident for the purposes of tuition regardless of the beneficiary’s residence on the date of enrollment, as set out in Section 37-155-5(d)(iii). Patterson, October 11, 1996, A.G. Op. #96-0679.

§ 37-155-7. Board of directors.

  1. The board of directors shall consist of thirteen (13) members as follows:
    1. Nine (9) voting members as follows: the State Treasurer; the Commissioner of Higher Education, or his designee; the Executive Director of the Community and Junior College Board, or his designee; the Department of Finance and Administration Executive Director, or his designee; and one (1) member from each congressional district to be appointed by the Governor with the advice and consent of the Senate. One (1) member shall be appointed for an initial term of one (1) year; one (1) member shall be appointed for an initial term of two (2) years; one (1) member for an initial term of three (3) years; one (1) member for an initial term of four (4) years; and one (1) member for an initial term of five (5) years. On the expiration of any of the terms of office, the Governor shall appoint successors by and with the advice and consent of the Senate for terms of five (5) years in each case. Ex officio members of the board may be represented at official meetings by their deputy, or other designee, and such designees shall have full voting privileges and shall be included in the determination of a quorum for conducting board business.
    2. Two (2) nonvoting, advisory members of the board shall be appointed by each of the following officers: the Lieutenant Governor and the Speaker of the House of Representatives.
  2. Successors to the appointed members shall serve for the length of the term for each appointing official and shall be eligible for reappointment, and shall serve until a successor is appointed and qualified. Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term.
  3. Each member appointed shall possess knowledge, skill and experience in business or financial matters commensurate with the duties and responsibilities of the trust fund.
  4. Members of the board of directors shall serve without compensation, but shall be reimbursed for each day’s official duties of the board at the same per diem as established by Section 25-3-69 and actual travel and lodging expenses as established by Section 25-3-41.
  5. The board of directors shall annually elect one (1) member to serve as chairman of the board and one (1) member to serve as vice chairman. The vice chairman shall act as chairman in the absence of or upon the disability of the chairman or in the event of a vacancy of the office of chairman.
  6. A majority of the currently serving members of the board shall constitute a quorum for the purposes of conducting business and exercising its official powers and duties. Any action taken by the board shall be upon the vote of a majority of the members present.

HISTORY: Laws, 1996, ch. 427, § 4; Laws, 1999, ch. 378, § 2; Laws, 2003, ch. 311, § 2, eff from and after July 1, 2003.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in this section. The words “Board of Directors. – ” preceding the subsection (1) designation were deleted. The Joint Committee ratified the correction at its June 29, 2000 meeting.

Amendment Notes —

The 1999 amendment, in the opening paragraph of (1), substituted “thirteen (13) members” for “eleven (11) members”; in (1)(a), inserted “the” preceding “terms of office,” and made minor punctuation changes; and in (2), substituted “Each member” for “Each trustee.”

The 2003 amendment in (1)(a), inserted “or his designee” three times in the first sentence, and added the last sentence; rewrote former (1)(b) as present (1)(b) and (2); redesignated former (2) through (4) as present (3) through (5); and added (6).

Cross References —

Definition of “board,” see §37-155-5.

OPINIONS OF THE ATTORNEY GENERAL

Whether elected or appointed, a full-time state official or employee may not receive per diem compensation for serving as an ex officio member of any state board, commission or committee, unless they have accumulated sufficient personal leave and use such leave while attending meetings where a per diem may be claimed. Bennett, July 3, 1997, A.G. Op. #97-0393.

Appointments to this board should be reviewed under the last five-district plan which was in effect. Canon, Jan. 16, 2003, A.G. Op. #03-0016.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 9 et seq.

§ 37-155-9. Powers of the board of directors.

In addition to the powers granted by any other provision of this article, the board of directors shall have the powers necessary or convenient to carry out the purposes and provisions of this article, the purposes and objectives of the trust fund and the powers delegated by any other law of the state or any executive order thereof, including, but not limited to, the following express powers:

To adopt and amend bylaws;

To adopt such rules and regulations as are necessary to implement the provisions of this article;

To invest any funds of the trust fund in any instrument, obligation, security or property that constitutes legal investments for public funds in the state and to name and use depositories for its investments and holdings;

To execute contracts and other necessary instruments;

To impose reasonable requirements for residency for beneficiaries at the time of purchase of the contract and to establish rules to govern purchase of contracts for beneficiaries who are nonresidents at the time the purchaser enters into the prepaid tuition contract;

To impose reasonable limits on the number of contract participants in the trust fund at any given period of time;

To contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants for administrative and technical assistance in carrying out the responsibilities of the trust fund;

To solicit and accept gifts, including bequeathments or other testamentary gifts made by will, trust or other disposition, grants, loans and other aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this article. Any gifts made to the board under this subsection shall be deductible from taxable income of the state in the tax year;

To define the terms and conditions under which payments may be withdrawn or refunded from the trust fund, including, but not limited to, the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations and impose reasonable charges for such withdrawal or refund;

To ensure applicability to private and out-of-state tuitions:

Under the program, a state purchaser may enter into a prepaid tuition contract with the board under which the purchaser agrees to attend a public institution of higher education in Mississippi;

If the beneficiary of a plan described by Section 37-155-11 enrolls in any in-state or out-of-state regionally accredited private four- or two-year college or an out-of-state regionally accredited, state-supported, nonprofit four- or two-year college or university, or any in-state or out-of-state regionally accredited graduate institution, the board shall pay to the institution an amount up to, but not greater than, the undergraduate tuition and required fees that the board would have paid had the beneficiary enrolled in an institution of higher education covered by the plan selected in the prepaid tuition contract. The beneficiary is responsible for paying a private undergraduate or graduate institution or an out-of-state public undergraduate or graduate institution the amount by which the tuition and required fees of the institution exceed the tuition and required fees paid by the board;

To impose reasonable time limits on the use of the tuition benefits provided by the program;

To provide for the receipt of contributions to the trust fund in lump sums or installment payments;

To adopt an official seal and rules;

To sue and be sued;

To establish agreements or other transactions with federal, state and local agencies, including state universities and community colleges;

To appear in its own behalf before boards, commissions or other governmental agencies;

To segregate contributions and payments to the fund into various accounts and funds;

To require and collect administrative fees and charges in connection with any transaction and impose reasonable penalties, including default, for delinquent payments or for entering into an advance payment contract on a fraudulent basis;

To procure insurance against any loss in connection with the property, assets and activities of the fund or the board;

To require that purchasers of advance payment contracts verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, refund requests or contract changes of any nature;

To administer the fund in a manner that is sufficiently actuarially sound to meet the obligations of the program. The board shall annually evaluate or cause to be evaluated the actuarial soundness of the fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, the board may adjust the terms of subsequent advance payment contracts to ensure such soundness;

To establish a comprehensive investment plan for the purposes of this section. The comprehensive investment plan shall specify the investment policies to be utilized by the board in its administration of the fund. The board may authorize investments in:

Bonds, notes, certificates and other valid general obligations of the State of Mississippi, or of any county, or of any city, or of any supervisors district of any county of the State of Mississippi, or of any school district bonds of the State of Mississippi; notes or certificates of indebtedness issued by the Veterans’ Home Purchase Board of Mississippi, provided such notes or certificates of indebtedness are secured by the pledge of collateral equal to two hundred percent (200%) of the amount of the loan, which collateral is also guaranteed at least for fifty percent (50%) of the face value by the United States government, and provided that not more than five percent (5%) of the total investment holdings of the system shall be in Veterans’ Home Purchase Board notes or certificates at any time; real estate mortgage loans one hundred percent (100%) insured by the Federal Housing Administration on single family homes located in the State of Mississippi, where monthly collections and all servicing matters are handled by Federal Housing Administration approved mortgagees authorized to make such loans in the State of Mississippi;

State of Mississippi highway bonds;

Funds may be deposited in federally insured institutions domiciled in the State of Mississippi or a custodial bank which appears on the State of Mississippi Treasury Department’s approved depository list and/or safekeeper list;

Corporate bonds of investment grade as rated by Standard Poor’s or by Moody’s Investment Service, with bonds rated BAA/BBB not to exceed five percent (5%) of the book value of the total fixed income investments; or corporate short-term obligations of corporations or of wholly owned subsidiaries of corporations, whose short-term obligations are rated A-3 or better by Standard and Poor’s or rated P-3 or better by Moody’s Investment Service;

Bonds of the Tennessee Valley Authority;

Bonds, notes, certificates and other valid obligations of the United States, and other valid obligations of any federal instrumentality that issues securities under authority of an act of Congress and are exempt from registration with the Securities and Exchange Commission;

Bonds, notes, debentures and other securities issued by any federal instrumentality and fully guaranteed by the United States. Direct obligations issued by the United States of America shall be deemed to include securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the provisions of 15 USCS Section 80(a)-1 et seq., provided that the portfolio of such investment company or investment trust is limited to direct obligations issued by the United States of America, United States government agencies, United States government instrumentalities or United States government sponsored enterprises, and to repurchase agreements fully collateralized by direct obligations of the United States of America, United States government agencies, United States government instrumentalities or United States government sponsored enterprises, and the investment company or investment trust takes delivery of such collateral for the repurchase agreement, either directly or through an authorized custodian. The State Treasurer and the Executive Director of the Department of Finance and Administration shall review and approve the investment companies and investment trusts in which funds may be invested;

Interest-bearing bonds or notes which are general obligations of any other state in the United States or of any city or county therein, provided such city or county had a population as shown by the federal census next preceding such investment of not less than twenty-five thousand (25,000) inhabitants and provided that such state, city or county has not defaulted for a period longer than thirty (30) days in the payment of principal or interest on any of its general obligation indebtedness during a period of ten (10) calendar years immediately preceding such investment;

Shares of stocks, common and/or preferred, of corporations created by or existing under the laws of the United States or any state, district or territory thereof; provided:

The maximum investments in stocks shall not exceed fifty percent (50%) of the book value of the total investment fund of the system;

The stock of such corporation shall:

1. Be listed on a national stock exchange; or

2. Be traded in the over-the-counter market, provided price quotations for such over-the-counter stocks are quoted by the National Association of Securities Dealers Automated Quotation System (NASDAQ);

The outstanding shares of such corporation shall have a total market value of not less than Fifty Million Dollars ($50,000,000.00);

The amount of investment in any one (1) corporation shall not exceed three percent (3%) of the book value of the assets of the system; and

The shares of any one (1) corporation owned by the system shall not exceed five percent (5%) of that corporation’s outstanding stock;

Bonds rated Single A or better, stocks and convertible securities of established non-United States companies, which companies are listed on only primary national stock exchanges of foreign nations; and in foreign government securities rated Single A or better by a recognized rating agency; provided that the total book value of investments under this paragraph shall at no time exceed twenty percent (20%) of the total book value of all investments of the system. The board may take requisite action to effectuate or hedge such transactions through foreign banks, including the purchase and sale, transfer, exchange or otherwise disposal of, and generally deal in foreign exchange through the use of foreign currency, interbank forward contracts, futures contracts, options contracts, swaps and other related derivative instruments, notwithstanding any other provisions of this article to the contrary;

Covered call and put options on securities traded on one or more of the regulated exchanges;

Institutional investment trusts managed by a corporate trustee or by a Securities and Exchange Commission registered investment advisory firm retained as an investment manager by the board of directors, and institutional class shares of investment companies and unit investment trusts registered under the Investment Company Act of 1940 where such funds or shares are comprised of common or preferred stocks, bonds, money market instruments or other investments authorized under this section. Any investment manager or managers approved by the board of directors shall invest such funds or shares as a fiduciary;

Pooled or commingled real estate funds or real estate securities managed by a corporate trustee or by a Securities and Exchange Commission registered investment advisory firm retained as an investment manager by the board of directors. Such investment in commingled funds or shares shall be held in trust; provided that the total book value of investments under this paragraph shall at no time exceed five percent (5%) of the total book value of all investments of the system. Any investment manager approved by the board of directors shall invest such commingled funds or shares as a fiduciary;

All investments shall be acquired by the board at prices not exceeding the prevailing market values for such securities;

Any limitations herein set forth shall be applicable only at the time of purchase and shall not require the liquidation of any investment at any time. All investments shall be clearly marked to indicate ownership by the system and to the extent possible shall be registered in the name of the system;

Subject to the above terms, conditions, limitations and restrictions, the board shall have power to sell, assign, transfer and dispose of any of the securities and investments of the system, provided that the sale, assignment or transfer has the majority approval of the entire board. The board may employ or contract with investment managers, evaluation services or other such services as determined by the board to be necessary for the effective and efficient operation of the system;

Except as otherwise provided herein, no trustee and no employee of the board shall have any direct or indirect interest in the income, gains or profits of any investment made by the board, nor shall any such person receive any pay or emolument for his services in connection with any investment made by the board. No trustee or employee of the board shall become an endorser or surety, or in any manner an obligor for money loaned by or borrowed from the system;

All interest derived from investments and any gains from the sale or exchange of investments shall be credited by the board to the account of the system;

To delegate responsibility for administration of the comprehensive investment plan to a consultant the board determines to be qualified. Such consultant shall be compensated by the board. Directly or through such consultant, the board may contract to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board or such consultant, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping;

To annually prepare or cause to be prepared a report setting forth in appropriate detail an accounting of the fund and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the Governor, the Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives, and members of the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board and the State Board of Education on or before March 31 each year. In addition, the board shall make the report available to purchasers of advance payment contracts. The board shall provide to the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board by March 31 each year complete advance payment contract sales information including projected postsecondary enrollments of beneficiaries. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee;

To solicit proposals for the marketing of the Mississippi Prepaid Affordable College Tuition Program. The entity designated pursuant to this paragraph shall serve as a centralized marketing agent for the program and shall solely be responsible for the marketing of the program. Any materials produced for the purpose of marketing the programs shall be submitted to the board for review. No such materials shall be made available to the public before the materials are approved by the board. Any educational institution may distribute marketing materials produced for the program; however, all such materials shall have been approved by the board prior to distribution. Neither the state nor the board shall be liable for misrepresentation of the program by a marketing agent; and

To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.

For efficient and effective administration of the program and trust fund, the board may authorize the State of Mississippi Treasury Department and/or the State Treasurer to carry out any or all of the powers and duties enumerated above.

HISTORY: Laws, 1996, ch. 427, § 5; Laws, 2000, ch. 391, § 1; Laws, 2000, ch. 473, § 15; Laws, 2003, ch. 311, § 3; Laws, 2014, ch. 397, § 51, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 1 of ch. 391, Laws of 2000, effective from and after July 1, 2000 (approved April 17, 2000), amended this section. Section 15 of ch. 473, Laws of 2000, effective from and after July 1, 2000 (approved April 25, 2000), also amended this section. As set out above, this section reflects the language of Section 15 of ch. 473, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the sections are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation changed the words “this chapter” to be “this article” throughout the section, as amended by Laws of 2000, ch. 473, § 15. The Joint Committee ratified the correction at its June 29, 2000 meeting.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Amendment Notes —

The first 2000 amendment (ch. 391) substituted “chapter” for “act” throughout the section; deleted “(h)” following “subsection” in (h); substituted “Section 37-155-11” for “Section 6(a)(b)(c)” in (j)(ii); deleted the last sentence in (v)(vii); rewrote (v)(xii); deleted the last sentence in (v)(xiii); substituted “State Board for Community and Junior Colleges” for “Junior College Board” in (cc); and made other minor changes.

The second 2000 amendment (ch. 473) made the same changes as the first 2000 amendment (ch. 391).

The 2003 amendment rewrote (e); in (j)(ii), in the first sentence, inserted “or any in-state or out-of-state regionally accredited graduate institution” following “college or university” and “undergraduate” preceding “tuition and required fees,” and inserted “undergraduate or graduate” twice in the second sentence.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” twice in (cc).

Cross References —

Mississippi Community College Board generally, see §§37-4-1 et seq.

Board of Trustees of State Institutions of Higher Learning generally, see §§37-101-1 et seq.

Entitlement to refund upon discontinuance of program, see §37-155-25.

Federal Aspects—

Investment Company Act of 1940 appears generally as 15 USCS §§ 80a-1 et seq.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 9 et seq.

§ 37-155-11. Types of plans.

The board shall make prepaid tuition contracts available for the: (1) junior college plan; (2) senior college plan; and (3) junior-senior college plan.

Junior College Plan. — Through the junior college plan, a prepaid tuition contract shall provide tuition and required fees for the beneficiary to attend a public community or junior college for a specified number of undergraduate credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of two (2) years required for a certificate or an associate degree awarded by a public community or junior college.

Senior College Plan. — Through the senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public senior college or university for a specified number of undergraduate credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of five (5) years required for a baccalaureate degree awarded by a public senior college or university.

Junior-Senior College Plan. — Through the junior-senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend:

A public community or junior college for a specified number of undergraduate credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of two (2) years required for a person to receive a certificate or associate degree awarded by a public community or junior college; and

A public senior college or university for a specified number of credit hours not to exceed the typical full-time hourly course load as defined by the institution for tuition payment purposes or up to a maximum of five (5) years required for the person to receive a baccalaureate degree awarded by a public senior college or university.

HISTORY: Laws, 1996, ch. 427, § 6; Laws, 1999, ch. 378, § 3, eff from and after July 1, 1999.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in this section. The words “Types of Plans. – ”, appearing on the first line and preceding the text of the section, were deleted. The Joint Committee ratified the correction at its June 29, 2000 meeting.

Amendment Notes —

The 1999 amendment substituted “five (5) years” for “four (4) years” in (b) and (c)(ii).

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 18 et seq.

56 Am. Jur. 2d, Municipal Corporations § 760.

67B Am. Jur. 2d, Schools § 7.

§ 37-155-13. Dormitory residence plan.

Through the dormitory residence plan, the advance payment contract shall provide prepaid housing fees for a maximum of eight (8) semesters of full-time undergraduate enrollment in an institution of higher education. Dormitory residence plans are optional and may be purchased only in conjunction with a prepaid tuition plan. Dormitory residence plans shall be purchased in increments of two (2) semesters. Beneficiaries shall bear the cost of any additional elective charges such as laundry service or long-distance telephone service. Each institution of higher education may specify the residence halls eligible for inclusion in the plan. In addition, any institution of higher education may request immediate termination of a dormitory contract based on a violation or multiple violations of rules of the residence hall. Beneficiaries shall have the highest priority in the assignment of housing with institutions of higher education residence halls. In the event that sufficient housing is not available for all beneficiaries, the board shall refund the purchaser or beneficiary an amount equal to the fees charged for dormitory residence during that semester.

HISTORY: Laws, 1996, ch. 427, § 7, eff from and after July 1, 1996.

§ 37-155-15. Mississippi Prepaid Affordable College Tuition Program Trust Fund.

  1. There is hereby created a Mississippi Prepaid Affordable College Tuition Program Trust Fund (hereinafter referred to as the trust fund or the fund) to be administered by the State of Mississippi Treasury Department until and unless the Legislature shall determine otherwise.
  2. The official location of the trust fund shall be the State of Mississippi Treasury Department, and the facilities of the State of Mississippi Treasury Department shall be used and employed in the administration of the fund, including, but without limitations thereto, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments.
  3. Payments received by the board from purchasers on behalf of beneficiaries or from any other source, public or private, shall be placed in the trust fund, and the fund may be divided into separate accounts as may be determined by the board.
  4. The trust fund, through the Treasurer, is hereby specifically authorized to receive and deposit into the trust fund any gift of any nature, real or personal property, made by an individual by testamentary disposition, including, without limitation, any specific gift or bequeath made by will, trust or other disposition.
  5. The board shall obtain appropriate actuarial assistance to establish, maintain and certify a fund sufficient to meet the obligation of the trust fund, and shall annually evaluate or cause to be evaluated, the actuarial soundness of the trust fund. If the board perceives a need for additional assets in order to preserve actuarial soundness, it may adjust the terms of subsequent prepaid tuition contracts to ensure such soundness.
  6. The trust fund shall constitute a fund of an agency of the state, and its property and income shall be exempt from all taxation by the state and by all of its political subdivisions.
  7. In order to provide funds to enable the trust to pay all amounts that shall be due under prepaid tuition contracts, there is hereby irrevocably pledged to that purpose from the trust fund such monies as shall be necessary to pay all amounts that shall be due under prepaid tuition contracts at any time. In order to carry out the said pledge, in each fiscal year the board shall determine the amount of the future obligations of the trust fund under prepaid tuition contracts by any appropriate actuarial method. After that determination has been made, all monies on deposit in the trust fund up to and including the amount of such future obligations shall remain on deposit in the trust fund and shall be subject to the aforesaid pledge and appropriation by the Legislature.
  8. There is hereby created a separate account with the State of Mississippi Treasury Department to be known as the “Mississippi Prepaid Affordable College Tuition Administrative Account” for the purposes of implementing and maintaining prepaid college tuition accounts pursuant to this article.

HISTORY: Laws, 1996, ch. 427, § 8, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 2000, ch. 473, enacted a new Article 3 of Chapter 155. The previously existing provisions of Chapter 155 became Article 1 of Chapter 155. Therefore, the reference in subsection (8) to “this chapter” has been changed to “this article” to conform with the change.

§ 37-155-17. Prepaid tuition contracts; tax exclusions and deductions.

Any interest, dividends or gains accruing on the payments made pursuant to a prepaid tuition contract under the terms of this article shall be excluded from the gross income of any such payor or beneficiary for purposes of the Mississippi Income Tax Law. The payor may deduct from taxable income the amount of any payments made under a prepaid tuition contract in the tax year.

HISTORY: Laws, 1996, ch. 427, § 9; Laws, 1999, ch. 378, § 4, eff from and after July 1, 1999.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation changed the words “this chapter” to be “this article.” The Joint Committee ratified the correction at its June 29, 2000 meeting.

Amendment Notes —

The 1999 amendment, substituted “payor” for “purchaser” in both the first and second sentences; in the first sentence, substituted “pursuant to a” for “by purchasers of”, and “this article” for “this act”; and in the second sentence, deleted “by the purchaser” following “payments.”

RESEARCH REFERENCES

Am. Jur.

71 Am. Jur. 2d, State and Local Taxation § 290.

§ 37-155-19. Duties of the board.

In addition to any other requirements of this article the board of directors shall:

Make available summary information on the financial condition of the trust fund to all purchasers of prepaid college tuition contracts;

Prepare, or cause to be prepared, an annual accounting of the trust fund and transmit a copy of same to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives; and

Make all necessary and appropriate arrangements with state colleges and universities in order to fulfill its obligations under the prepaid tuition contracts, which arrangements shall include the payment by the trust fund of current applicable tuition and fee charges on behalf of a beneficiary to the college or university.

HISTORY: Laws, 1996, ch. 427, § 10, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 2000, ch. 473, enacted a new Article 3 of Chapter 155. The previously existing provisions of Chapter 155 became Article 1 of Chapter 155. Therefore, the reference in this section to “this chapter” has been changed to “this article” to conform with the change.

RESEARCH REFERENCES

Am. Jur.

15A Am. Jur. 2d, Colleges and Universities §§ 4 et seq.

§ 37-155-21. Statement regarding status of prepaid tuition contract.

  1. The board shall furnish without charge to each purchaser an annual statement of:
    1. The amount paid by the purchaser under the prepaid tuition contract;
    2. The number of years originally covered by the contract;
    3. The number of years remaining under the contract; and
    4. Any other information the board determines by rule is necessary or appropriate.
  2. The board shall furnish a statement complying with subsection (1) to a purchaser or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection.

HISTORY: Laws, 1996, ch. 427, § 11; Laws, 1999, ch. 378, § 5, eff from and after July 1, 1999.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in this section. The words “Statement Regarding Status of Prepaid Tuition Contract.”, appearing on the first line and preceding the text of the section, were deleted. The Joint Committee ratified the correction at its June 29, 2000 meeting.

Amendment Notes —

The 1999 amendment, in (1), deleted “Not later than December 1 of each year” before “The Board”, and substituted “an annual statement” for “a statement”.

§ 37-155-23. No promise or guarantee of admission.

This article is not a promise or guarantee that the beneficiary will be:

Admitted to any institution of higher education;

Admitted to a particular institution of higher education after admission;

Allowed to continue enrollment at an institution of higher education; or

Graduated from an institution of higher education.

HISTORY: Laws, 1996, ch. 427, § 12, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 2000, ch. 473, enacted a new Article 3 of Chapter 155. The previously existing provisions of Chapter 155 became Article 1 of Chapter 155. Therefore, the reference in this section to “this chapter” has been changed to “this article” to conform with the change.

§ 37-155-25. Full faith and credit.

The state shall agree to meet the obligations of the board to beneficiaries if monies in the fund fail to offset the obligations of the board. If there is not enough money in the fund to pay the tuition and required fees of the institution of higher education in which a beneficiary enrolls as provided by the prepaid tuition contract, the Legislature shall appropriate to the fund the amount necessary for the board to pay the applicable amount of tuition and required fees of the institution.

In the event that the board determines the program to be financially infeasible, the board may discontinue the program. Any qualified beneficiary who has been accepted by and is enrolled or is within five (5) years of enrollment in an institution of higher learning or any in-state or out-of-state regionally accredited private four- or two-year college or an out-of-state regionally accredited, state-supported, nonprofit four- or two-year college or university shall be entitled to exercise the complete benefits for which he has contracted. All other contract holders shall receive a refund, pursuant to Section 37-155-9, of the amount paid in and an additional amount in the nature of interest at a rate that corresponds, at a minimum, to the prevailing interest rates for savings accounts provided by banks and savings and loan associations.

HISTORY: Laws, 1996, ch. 427, § 13, eff from and after July 1, 1996.

§ 37-155-27. Severability.

The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, such declaration shall not affect the part which remains.

HISTORY: Laws, 1996, ch. 427, § 14, eff from and after July 1, 1996.

Editor’s Notes —

Laws of 2000, ch. 473, enacted a new Article 3 of Chapter 155. The previously existing provisions of Chapter 155 became Article 1 of Chapter 155. Therefore, the reference in this section to “this chapter” has been changed to “this article” to conform with the change.

Article 3. Mississippi Affordable College Savings (MACS) Program.

§ 37-155-101. Short title.

This article shall be known and may be cited as the “Mississippi Affordable College Savings Program.”

HISTORY: Laws, 2000, ch. 473, § 1, eff from and after July 1, 2000.

§ 37-155-103. Declaration of purpose.

The following are the purposes of this article:

To provide a program of savings trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code, as amended, or other applicable federal law.

To provide for the creation of a trust fund, as an instrumentality of the State of Mississippi, to assist qualified students in financing costs of attending institutions of higher education.

To encourage timely financial planning for higher education by the creation of savings trust accounts.

To provide a choice of programs to persons who determine that the overall educational needs of their families are best suited to a prepaid tuition contract under the Mississippi Prepaid Affordable College Tuition (MPACT) Program, a savings trust agreement under this article, or both.

To provide a savings program for those persons who wish to save to meet post secondary educational needs beyond the traditional baccalaureate curriculum.

HISTORY: Laws, 2000, ch. 473, § 2, eff from and after July 1, 2000.

Cross References —

Mississippi Prepaid Affordable College Tuition (MPACT) Program, see §§37-155-1 et seq.

Federal Aspects—

Qualified higher education expenses at eligible educational institutions, as defined in § 529 of the Internal Revenue Code, see 26 USCS § 529.

§ 37-155-105. Definitions.

As used in this article, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

“MACS Program” means the Mississippi Affordable College Savings Program established under this article.

“MACS Trust Fund” means a special fund in the State Treasury established under Section 37-155-111, and administered by the Treasury Department.

“Account owner” means a resident or nonresident person, corporation, trust, charitable organization or other entity which contributes to or invests money in a savings trust account under the MACS Program on behalf of a beneficiary and which is listed as the owner of the savings trust account.

“Beneficiary” means a resident or nonresident beneficiary of a savings trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, and any regulations established by the board.

“Institution of higher education” means an eligible educational institution as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or any other applicable federal law.

“Tuition” means the quarter, semester or term charges and all required fees imposed by an institution of higher education as a condition of enrollment by all students.

“Board” means the Board of Directors of the College Savings Plans of Mississippi Trust Funds established under Section 37-155-7.

“Payor” means a person, corporation, trust, charitable organization or other such entity which contributes money or makes a payment to either a savings trust account established pursuant to this article or a prepaid tuition account established under Sections 37-155-1 through 37-155-27 on behalf of a beneficiary.

“Savings trust account” means an account established by an account owner pursuant to this article on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

“Savings trust agreement” means the agreement entered into between the board and the account owner establishing a savings trust account.

“Qualified higher education expense” means any higher education expense, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

“Qualified withdrawal” means a withdrawal by an account owner or beneficiary for qualified higher education expenses or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986, as amended, without a penalty required under the Internal Revenue Code.

HISTORY: Laws, 2000, ch. 473, § 3, eff from and after July 1, 2000.

Federal Aspects—

“Section 529 of the Internal Revenue Code of 1986,” referred to throughout the section, is codified at 26 USCS § 529.

§ 37-155-107. Powers of the board of directors.

In addition to those powers granted to the board by Sections 37-155-1 through 37-155-27 and any other provisions of this article, the board shall have the powers necessary or convenient to carry out the purposes and provisions of this article, the purposes and objectives of the trust fund, and the powers delegated by any other law or executive order of this state, including, but not limited to, the following express powers:

To adopt such rules and regulations as are necessary to implement this article, subject to applicable federal laws and regulations, including rules regarding transfers of funds between accounts established under prepaid tuition contracts and savings trust agreements;

To impose reasonable requirements for residency for beneficiaries or account owners at the time of purchase of the savings trust agreement;

To contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out the responsibilities of the trust funds under terms and conditions that the board deems reasonable, including contract terms for periods up to ten (10) years at which time a contract may be terminated, extended or renewed for a term determined by the board, not to exceed a term of ten (10) years at any one time;

To solicit and accept gifts, including bequests or other testamentary gifts made by will, trust or other disposition grants, loans and other aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this article;

To define the terms and conditions under which payments may be withdrawn or refunded from the trust fund established under this article to impose reasonable charges for a withdrawal or refund;

To impose reasonable time limits on the use of savings trust account distributions provided by the MACS Program;

To regulate the receipt of contributions or payments to the MACS Trust Fund;

To segregate contributions and payments to the MACS Trust Fund into various accounts and funds;

To require and collect administrative fees and charges in connection with any transaction and to impose reasonable penalties for withdrawal of funds for nonqualified higher educational expenses or for entering into a savings trust agreement on a fraudulent basis;

To procure insurance against any loss in connection with the property, assets and activities of the MACS Trust Fund or the board;

To require that account owners of savings trust agreements or purchasers of Mississippi Prepaid Affordable College Tuition (MPACT) contracts under Sections 37-155-1 through 37-155-27 verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, refund requests or contract changes of any nature;

To solicit proposals and to contract for the marketing of the MACS Program, provided that: (i) any materials produced by a marketing contractor for the purpose of marketing the program must be approved by the board before being made available to the public; and (ii) neither the state nor the board shall be liable for misrepresentation of the program by a marketing contractor;

To delegate responsibility for administration of the comprehensive investment plan to a contractor or contractors or a consultant or consultants that the board determines is qualified;

To make all necessary and appropriate arrangements with colleges and universities or other entities in order to fulfill its obligations under savings trust agreements;

To establish other policies, procedures and criteria necessary to implement and administer this article; and

To authorize the Treasury Department or the State Treasurer, or both, to carry out any or all of the powers and duties enumerated in this section for efficient and effective administration of the MACS Program and MACS Trust Fund.

HISTORY: Laws, 2000, ch. 473, § 4, eff from and after July 1, 2000.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in section. The word “Section” was changed to “Sections” in the introductory paragraph, and in paragraph (c), the words “under terms and conditions of that the board deems reasonable” were changed to “under terms and conditions that the board deems reasonable.” The Joint Committee ratified these corrections at its May 16, 2002 meeting, and the section has been reprinted in the supplement to reflect the corrected language.

Cross References —

Mississippi Affordable College Savings (MACS) Trust Fund, see §37-155-111.

§ 37-155-109. Savings trust agreements.

  1. The board shall make savings trust agreements available to the public, under which account owners or other payors may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state does not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full.
  2. Each savings trust agreement made pursuant to this article shall include the following terms and provisions:
    1. The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions, both as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
    2. Provisions for withdrawals, refunds, transfers and any penalties;
    3. The name, address and date of birth of the beneficiary on whose behalf the savings trust account is opened;
    4. Terms and conditions for a substitution of the beneficiary originally named;
    5. Terms and conditions for termination of the account, including any refunds, withdrawals or transfers, and applicable penalties, and the name of the person or persons entitled to terminate the account;
    6. The time period during which the beneficiary must use benefits from the savings trust account;
    7. All other rights and obligations of the account owner and the MACS Trust Fund; and
    8. Any other terms and conditions that the board deems necessary or appropriate, including those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.

HISTORY: Laws, 2000, ch. 473, § 5, eff from and after July 1, 2000.

Cross References —

Mississippi Affordable College Savings (MACS) Trust Fund, see §37-155-111.

Federal Aspects—

Qualified higher education expenses at eligible educational institutions, as defined in § 529 of the Internal Revenue Code, see 26 USCS § 529.

§ 37-155-111. Mississippi Affordable College Savings Trust Fund.

  1. There is created a Mississippi Affordable College Savings Trust Fund as an instrumentality of the state to be administered by the Treasury Department. The MACS Trust Fund shall consist of state appropriations, monies acquired from other governmental or private sources and money remitted in accordance with savings trust agreements and shall receive and hold all payments, contributions and deposits intended for it as well as gifts, bequests, endowments or federal, state or local grants and any other public or private source of funds and all earnings on the fund until disbursed as provided under this section. The amounts on deposit in the trust fund shall not constitute property of the state. Amounts on deposit in the trust fund may not be commingled with state funds, and the state may have no claim to or interest in such funds. Savings trust agreements or any other contract entered into by or on behalf of the trust do not constitute a debt or obligation of the state, and no account owner is entitled to any amounts except for those amounts on deposit in or accrued to their account.

    The MACS Trust Fund shall continue in existence as long as it holds any funds belonging to an account owner or otherwise has any obligations to any person or entity until its existence is terminated by the Legislature and remaining assets on deposit in the fund are returned to account owners or transferred to the state in accordance with unclaimed property laws.

  2. There are created the following three (3) separate accounts within the MACS Trust Fund: (a) the administrative account; (b) the endowment account; and (c) the program account. The administrative account shall accept, deposit and disburse funds for the purpose of administering and marketing the program. The endowment account shall receive and deposit accounts received in connection with the sales of interests in the MACS Trust Fund other than amounts for the administrative account and other than amounts received pursuant to a savings trust agreement. Amounts on deposit in the endowment account may be applied as specified by the board for any purpose related to the program or to otherwise assist Mississippi residents to attain a postsecondary education. The program account shall receive, invest and disburse amounts pursuant to savings trust agreements.
  3. The official location of the trust fund shall be the State of Mississippi Treasury Department, and the facilities of the Treasury Department shall be used and employed in the administration of the fund, including, but without limitation to, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities.
  4. Payments received by the board on behalf of beneficiaries from account owners, other payors or from any other source, public or private, shall be placed in the trust fund, and the board shall cause there to be maintained separate records and accounts for individual beneficiaries, as may be required under Section 529 of the Internal Revenue Code of 1986, as amended, and any other applicable federal law.
  5. Account owners and any other payors or contributors shall be permitted only to contribute cash or any other form of payment or contribution as is permitted under Section 529 of the Internal Revenue Code of 1986, as amended, and approved by the board. The board shall cause the program to maintain adequate safeguards against contributions in excess of what may be required for qualified higher education expenses. The MACS Trust Fund, through the Treasurer, may receive and deposit into the trust fund any gift of any nature, real or personal property, made by an individual by testamentary disposition, including, without limitation, any specific gift or bequeath made by will, trust or other disposition to the extent permitted under Section 529 of the Internal Revenue Code of 1986, as amended. The MACS Trust Fund may receive amounts transferred from an UGMA, UTMA or other account established for the benefit of a minor if the trust beneficiary of such an account is identified as the legal owner of the MACS Trust Fund account upon attaining majority age.
  6. The account owner retains ownership of all amounts on deposit in his or her account with the program up to the date of distribution on behalf of a designated beneficiary. Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary and for purposes of maintaining and administrating the program as provided in this article. Amounts on deposit in an account owner’s account shall be available for expenses and penalties imposed by the board for the program as disclosed in the savings trust agreement.
  7. The MACS Trust Fund shall constitute a fund of an instrumentality of the state, and its property and income shall be exempt from all taxation by the state and by all of its political subdivisions.
  8. The assets of the MACS Trust Fund shall be preserved, invested and expended solely pursuant to and for the purposes of this article and shall not be loaned or otherwise transferred or used by the state for any other purpose.

HISTORY: Laws, 2000, ch. 473, § 6, eff from and after July 1, 2000.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (1). The words “The amounts on deposit on the trust fund” were changed to “The amounts on deposit in the trust fund.” The Joint Committee ratified the correction at its May 16, 2002 meeting, and the section has been reprinted in the supplement to reflect the corrected language.

Federal Aspects—

“Section 529 of the Internal Revenue Code of 1986,” referred to throughout the section, is codified at 26 USCS § 529.

§ 37-155-113. Property in Trust Fund exempt from taxation; tax deduction for contributions to MACS accounts.

  1. All property and income of the MACS Trust Fund, as an instrumentality of the state, is exempt from all taxation by the state and by its political subdivisions.
  2. Any contributor or payor to a MACS Program account may deduct from their Mississippi taxable income any contributions or payments to an account or accounts in the MACS Trust Fund up to a maximum annual amount of Twenty Thousand Dollars ($20,000.00) for joint filers and Ten Thousand Dollars ($10,000.00) for single and other filers. Contributions or payments for such tax years may be made after such calendar years but before the deadline for making contributions to an individual retirement account under federal law for such years. The earnings portion of any withdrawals from an account that are not qualified withdrawals, as well as any amounts included in such nonqualified withdrawals previously deducted from taxable income under this section, shall be included in the gross income of the resident recipient of the withdrawal for purposes of the Mississippi Income Tax Law in the year of such withdrawal.

HISTORY: Laws, 2000, ch. 473, § 7, eff from and after July 1, 2000.

Cross References —

Adjustments to gross income, see §27-7-18.

§ 37-155-115. Authority of board to invest funds in Trust Fund.

  1. The board has authority to establish a comprehensive investment plan for the purposes of this article, to invest any funds of the MACS Trust Fund in any instrument, obligation, security or property that constitutes legal investments for public funds in the state, and to name and use depositories for its investments and holdings. The comprehensive investment plan shall specify the investment policies to be utilized by the board in its administration of the funds. The board may authorize investments in any investment vehicle authorized for the Mississippi Prepaid Affordable College Tuition (MPACT) Program under Section 37-155-9. However, the restrictions in Section 37-155-9 as to percentages of the total fund that may be invested in any category of authorized investment shall not apply to the MACS Trust Fund. The program account, in its discretion, may invest in obligations of the state or any political subdivision of the state or in any business entity in the state.

    Notwithstanding any state law to the contrary, the board shall invest or cause to be invested amounts on deposit in the MACS Trust Fund, including the program account, in a manner reasonable and appropriate to achieve the objectives of the program, exercising the discretion and care of a prudent investor in similar circumstances with similar objectives. The board shall give due consideration to the risk, expected rate of return, term or maturity, diversification of total investments, liquidity and anticipated investments in and withdrawals from the MACS Trust Fund.

  2. All investments shall be acquired by the board at prices not exceeding the prevailing market values for such securities.
  3. Any limitations set forth in this section shall be applicable only at the time of purchase and shall not require the liquidation of any investment at any time. All investments shall be marked clearly to indicate ownership by the system and, to the extent possible, shall be registered in the name of the system.
  4. Subject to the terms, conditions, limitations and restrictions set forth in this section, the board may sell, assign, transfer and dispose of any of the securities and investments of the system if the sale, assignment or transfer has the majority approval of the entire board. The board may employ or contract with investment managers, evaluation services, or other such services as determined by the board to be necessary for the effective and efficient operation of the system.
  5. Except as otherwise provided in this section, no trustee or employee of the board may have any direct or indirect interest in the income, gains or profits of any investment made by the board, and such person may not receive any pay or emolument for his services in connection with any investment made by the board. No trustee or employee of the board may become an endorser or surety or in any manner an obligor for money loaned by or borrowed from the system.
  6. Under the authority granted in Section 37-155-107, the board may establish criteria for investment managers, mutual funds or other such entities to act as contractors or consultants to the board. The board may contract, either directly or through such contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the board, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping.
  7. No account owner, contributor, payor or beneficiary may directly or indirectly direct the investment of any account except as may be permitted under Section 529 of the Internal Revenue Code of 1986, as amended.
  8. The board may approve different investment plans and options to be offered to participants to the extent permitted under Section 529 of the Internal Revenue Code of 1986, as amended, and consistent with the objectives of this article and may require the assistance of investment counseling before participation in different options.
  9. Interests or accounts in the MACS Trust Fund and transactions in such interests or accounts shall be exempt from Sections 75-71-113 and 75-71-401.

HISTORY: Laws, 2000, ch. 473, § 8; Laws, 2006, ch. 474, § 17, eff from and after July 1, 2006.

Editor’s Notes —

Section 75-71-113, referred to in this section, was repealed by Section 2 of Chapter 528, Laws of 2009, effective January 1, 2010.

Amendment Notes —

The 2006 amendment substituted “prudent investor” for “prudent person” in the second paragraph of (1).

Cross References —

Uniform Prudent Investor Act, see §§91-9-601 et seq.

Federal Aspects—

“Section 529 of the Internal Revenue Code of 1986,” referred to in (7) and (8), is codified at 26 USCS § 529.

OPINIONS OF THE ATTORNEY GENERAL

The intent of the Legislature in enacting the “notwithstanding clause” in the second paragraph of subsection (1) is to expand the College Savings Plan Board’s authority to invest beyond the restrictive investment language in the MPACT statute and to allow the board to invest funds in such manner as deemed reasonable and prudent to achieve the objectives of the program. Bennett, Mar. 1, 2001, A.G. Op. #01-0765.

The Mississippi Affordable College Savings Program is exempt from registration under the Mississippi Securities Act and, to that extent, complies with the Mississippi Securities Law. Bennett, July 10, 2002, A.G. Op. #02-0344.

§ 37-155-117. Board to provide annual accounting statements.

  1. The board shall furnish, without charge, to each account owner an annual statement of the following:
    1. The amount contributed by the account owner under the savings trust agreement;
    2. The annual earnings and accumulated earnings on the savings trust account; and
    3. Any other terms and conditions that the board deems by rule is necessary or appropriate, including those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
  2. The board shall furnish an additional statement complying with subsection (1) to an account owner or beneficiary on written request. The board may charge a reasonable fee for each statement furnished under this subsection.
  3. The board shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and members of the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board and the State Board of Education. In addition, the board shall make the report available to account owners of savings trust agreements. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee.

HISTORY: Laws, 2000, ch. 473, § 9; Laws, 2014, ch. 397, § 52, eff from and after July 1, 2014.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Amendment Notes —

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (3).

Federal Aspects—

Section 529 of the Internal Revenue Code of 1986, referred to in (1)(c), is codified at 26 USCS § 529.

§ 37-155-119. No promise or guarantee of beneficiary’s admission.

This article is not a promise or guarantee that the beneficiary will be:

Admitted to any institution of higher education;

Admitted to a particular institution of higher education after admission;

Allowed to continue enrollment at an institution of higher education; or

Graduated from an institution of higher education.

HISTORY: Laws, 2000, ch. 473, § 10, eff from and after July 1, 2000.

§ 37-155-121. No guarantee that higher education expenses will be covered in full.

Nothing in this article or in any savings trust agreement entered into pursuant to this article shall be construed as a promise or guarantee by the state or any agency or instrumentality of the state that either qualified higher education expenses in general or any specific qualified higher education expense shall be covered in full by contributions or earnings on any savings trust account. Savings trust accounts and agreements entered into pursuant to this article are not guaranteed by the full faith and credit of the State of Mississippi.

HISTORY: Laws, 2000, ch. 473, § 11, eff from and after July 1, 2000.

§ 37-155-123. Monies in MACS or MPACT Programs not considered in determining eligibility for need-based financial aid.

Notwithstanding any state law to the contrary, no monies on deposit in either the MACS or MPACT Programs shall be considered an asset of the parent, guardian or student for purposes of determining an individual’s eligibility for a need-based grant, need-based scholarship or need-based work opportunity offered or administered by any state agency except as may be required by the funding source of such financial aid.

HISTORY: Laws, 2000, ch. 473, § 12, eff from and after July 1, 2000.

§ 37-155-125. Severability.

The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, such declaration shall not affect the parts of this article which remain.

HISTORY: Laws, 2000, ch. 473, § 13, eff from and after July 1, 2000.

Chapter 157. Student Tuition Assistance

§§ 37-157-1 and 37-157-3. Repealed.

Repealed by Laws of 2014, ch. 538, § 38, effective July 1, 2014.

§37-157-1. [Laws, 1997, ch. 381, § 1; Laws, 1998, ch. 565, § 1; Laws, 1999, ch. 503, § 1; Laws, 2013, ch. 467, § 1; Laws, 2014, ch. 397, § 53, effective July 1, 2014.]

§37-157-3. [Laws, 1997, ch. 381, § 2, eff from and after July 1, 1997.]

Joint Legislative Committee Note —

Section 53 of Chapter 397, Laws of 2014, effective July 1, 2014 (approved March 19, 2014), purported to amend Section 37-157-1. Section 38 of Chapter 538, Laws of 2014, effective from and after July 1, 2014 (approved May 1, 2014), repealed Section 37-157-1. As set out above, this section reflects the repeal of Section 37-157-1 by Section 38 of Chapter 538, Laws of 2014, pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section effective on an earlier date.

Editor’s Notes —

Former §37-157-1 provided for the student tuition assistance program.

Former §37-157-3 created the Student Tuition Assistance Trust Fund.

Chapter 159. Mississippi Teacher Scholarship Programs

Mississippi Critical Needs Teacher Scholarship Program

§ 37-159-1. Short title [Repealed effective July 1, 2020].

This act [Laws of 1998, Chapter 544] shall be known and may be cited as the “Mississippi Critical Teacher Shortage Act of 1998.”

This section shall stand repealed on July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 1; Laws, 2014, ch. 538, § 46, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Laws of 2010, ch. 484, § 1, as amended by Laws of 2011, ch. 512, § 2, and as amended by Laws of 2013, ch. 566, § 5, provides:

“SECTION 1.(1) The Task Force to Study Strategies for Solving the Current Teacher Shortage in Mississippi is created to study and make recommendations to the Governor and the Legislature regarding teacher attrition, retention and growth in our state. The task force shall study and make recommendations on the following key areas:

“(a) Teacher salaries;

“(b) Future educators;

“(c) Working conditions of educators;

“(d) Relevant professional development for educators;

“(e) Adequate and equitable resources and support for educators;

“(f) Safety and respect in the schools; and

“(g) Parental and community involvement in the schools.

“(h) The teacher salary scale under the Mississippi Adequate Education Program;

“(i) Step increases and annual increments under the teacher salary scale;

“(j) Merit pay for teachers;

“(k) Teacher pay for failing schools;

“( l ) Local supplements to teacher salaries;

“(m) Nonadequate education program funded teachers; and

“(n) Adequate and equitable resources and support for teacher salaries.

“(2) Members of the task force shall be composed of the following:

“(a) The State Superintendent of Public Education, or his designee;

“(b) One (1) person appointed by the Governor;

“(c) The Chairmen of the Senate and House Education Committees;

“(d) The Chairmen of the Senate and House Universities and Colleges Committees;

“(e) The Chairmen of the Senate and House Appropriations Committees;

“(f) Three (3) classroom teachers appointed by the State Board of Education, one (1) to be an elementary teacher, one (1) to be a middle school teacher and one (1) to be a high school teacher;

“(g) One (1) assistant teacher appointed by the Mississippi Association of Educators;

“(h) One (1) principal appointed by the State Board of Education;

“(i) One (1) local school superintendent appointed by the Mississippi Association of School Superintendents;

“(j) Two (2) Deans of the College of Education of a Mississippi public or private university appointed by the Board of Trustees of State Institutions of Higher Learning;

“(k) The Commissioner of Higher Education, or his designee; and;

“( l ) The Executive Director of the State Board for Community and Junior Colleges, or his designee.

“Appointments to the task force shall be made within thirty (30) days after the effective date of this act. The task force shall hold its first meeting not later than August 1, 2010, with the date, time and location of the meeting to be designated by the State Superintendent of Education. At the first meeting the task force shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, who shall organize the task force for business and determine the date and locations of subsequent meetings.

“Members of the task force shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the task force from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house. The task force, by approval of a majority of its membership, may accept funds that may be donated or provided in the form of grants from public or private sources.

“(3) Any department, agency or court of this state, at the request of the chairman of the task force, shall provide staff and other support necessary for the task force to perform its duties.

“(4) Upon presentation of its report to the Governor and the 2014 Regular Session of the Legislature, the task force shall be dissolved.”

Amendment Notes —

The 2014 amendment substituted “Chapter” for ”ch.” and added the last paragraph.

§ 37-159-3. Repealed.

Repealed by Laws of 2014, ch. 538, § 39, effective from and after July 1, 2014.

§37-159-3. [Laws, 1998, ch. 544, § 2; Laws, 2002, ch. 587, § 3; Laws, 2003, ch. 337, § 1; Laws, 2004, ch. 409, § 3; Laws, 2011, ch. 442, § 18; Laws, 2012, ch. 315, § 1, eff from and after passage (approved Apr. 3, 2012).]

Editor’s Notes —

Former §37-159-3 established the Critical Needs Teacher Scholarship Program. For present similar provisions, see §37-106-55.

§ 37-159-5. Reimbursement of relocation expenses; teachers moving to geographical areas short of teachers; residency requirements [Repealed effective July 1, 2020].

The State Board of Education shall prescribe rules and regulations which, subject to available appropriations, allow for reimbursement to the state licensed teachers, from both in state and out of state, who enter into a contract for employment in a school district situated within a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, for the expense of moving when the employment necessitates the relocation of the teacher to a different geographical area than that in which the teacher resides before entering into such contract. In order to be eligible for the reimbursement, the teacher must apply to the local district and the district must obtain the prior approval from the department for reimbursement before the relocation occurs. If the reimbursement is approved, the department shall provide funds to the school district to reimburse the teacher an amount not to 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 state employees under Section 25-3-41 if the teacher used his personal vehicle or vehicles for the move, meals and such other expenses associated with the relocation in accordance with the department’s established rules and regulations. No teacher may be reimbursed for moving expenses under this section on more than one (1) occasion.

Nothing in this section shall be construed to require the actual residence to which the teacher relocates to be within the boundaries of the school district which has executed a contract for employment with the teacher or within the boundaries of the area designated by the State Board of Education as the critical teacher shortage area in order for the teacher to be eligible for reimbursement for his moving expenses. However, teachers must relocate within the boundaries of the State of Mississippi.

This section shall stand repealed July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 6; Laws, 2014, ch. 538, § 47, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2014 amendment added the last paragraph.

§ 37-159-7. Reimbursement of interviewing expenses; teachers moving to geographical areas short of teachers [Repealed effective July 1, 2020].

The school board of any school district situated within a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, in its discretion, may reimburse persons who interview for employment as a licensed teacher with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview by such persons at the rate authorized for county and municipal employees under Section 25-3-41. Any reimbursement by a school board under this section shall be paid from nonminimum education program funds.

This section shall stand repealed July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 7; Laws, 2014, ch. 538, § 48, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2014 amendment added the last paragraph.

§ 37-159-9. University Assisted Teacher Recruitment and Retention Grant Program; geographical areas short of teachers; eligibility for participation; funding; reimbursement of expenses; failure to comply with commitment [Repealed effective July 1, 2020].

  1. There is established the University Assisted Teacher Recruitment and Retention Grant Program within the State Department of Education. The purposes of the program shall be to attract additional qualified teachers to those geographical areas of the state where there exists a critical shortage of teachers and to retain the qualified teachers already serving as licensed teachers in geographical critical teacher shortage areas by making available scholarships to persons working towards a Master of Education degree or an Educational Specialist degree at an institution of higher learning whose teacher education program is approved by the State Board of Education.
  2. Any institution of higher learning in the State of Mississippi which offers a Master of Education degree or an Educational Specialist degree may apply to the department for participation in the program. As part of the program, participating institutions shall collaborate with the Mississippi Teacher Center to identify, recruit and place teacher education graduates, from both within the state and out of state, in school districts situated within those areas of the state where there exists a critical shortage of teachers, as designated by the State Board of Education.
  3. The State Department of Education shall provide funds to participating institutions of higher learning for the purpose of awarding scholarships to qualified persons pursuing a Master of Education degree or an Educational Specialist degree at such institutions while rendering service to the state as a licensed teacher in a school district in a geographical area of the state where there exists a critical shortage of teachers, as approved by the State Board of Education. The financial scholarship shall be applied to the total cost for tuition, books, materials and fees at the institution in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, books, materials and fees assessed by a state institution of higher learning during that school year. Teachers who relocate within Mississippi from out of state in order to participate in the program shall be classified as residents of the state for tuition purposes.
  4. Students awarded financial scholarships under the University Assisted Teacher Recruitment and Retention Grant Program may receive such awards for a maximum of four (4) school years; however, the maximum number of awards which may be made shall not exceed the length of time required to complete the number of academic hours necessary to obtain a Master of Education degree or an Educational Specialist degree. Financial scholarships under the program shall not be based upon an applicant’s eligibility for financial aid.
  5. Persons relocating to a geographical area of the state where there exists a critical shortage of teachers, as approved by the State Board of Education, to participate in the University Assisted Teacher Recruitment and Retention Grant Program shall be eligible for reimbursement for their moving expenses to the critical teacher shortage area from the State Board of Education. The State Board of Education shall promulgate rules and regulations necessary for the administration of the relocation expense reimbursement component of the University Assisted Teacher Recruitment and Retention Grant Program.
  6. Subject to the availability of funds, the State Board of Education may provide for professional development and support services as may be necessary for the retention of teachers participating in the program in those geographical areas of the state where there exists a critical shortage of teachers.
  7. Any person participating in the program who fails to complete a program of study that will enable that person to obtain a Master of Education degree or Educational Specialist degree shall become liable immediately to the State Board of Education for the sum of all awards made to that person under the program, plus interest accruing at the current Stafford Loan rate at the time the person abrogates his participation in the program.
  8. As a condition for participation in the program, a teacher shall agree to employment as a licensed teacher in a school district located in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, for a period of not less than three (3) years, which shall include those years of service rendered while obtaining the Master of Education degree or Educational Specialist degree. However, for any person who obtained a baccalaureate degree in education with a financial scholarship under the Critical Needs Teacher Scholarship Program and who entered the University Assisted Teacher Recruitment and Retention Grant Program before rendering service as a teacher, the period of employment for the purposes of this subsection shall be two (2) years, in addition to the employment commitment required under the Critical Needs Teacher Scholarship Program. Service rendered by a participant as a licensed teacher in a school district in a geographical critical teacher shortage area before that teacher becomes a participant in the program may not be considered to fulfill the employment commitment required under this subsection. Any person failing to comply with this employment commitment in any required school year shall immediately be in breach of contract and become liable immediately to the State Department of Education for the sum of all scholarships awarded and relocation expenses granted to that person, less one-third (1/3) of the amount of that sum for each year that service was rendered, or for those persons whose required period of employment is two (2) years, less one-half (1/2) of the amount of that sum for each year that service was rendered, plus interest accruing at the current Stafford Loan rate at the time the breach occurs, except in the case of a deferral for cause by the State Board of Education when there is no employment position immediately available upon the teacher’s obtaining of the Master of Education degree or Educational Specialist degree. After the period of such deferral, the person shall begin or resume the required teaching duties or shall become liable to the board under this subsection. If a claim for repayment under this subsection is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney’s fee.
  9. All funds received by the State Department of Education from the repayment of scholarship awards and relocation expenses by program participants shall be deposited in the Mississippi Critical Teacher Shortage Fund.
  10. The State Board of Education shall promulgate rules and regulations necessary for the proper administration of the University Assisted Teacher Recruitment and Retention Grant Program.

    This section shall stand repealed on July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 13; Laws, 2000, ch. 334, § 1; Laws, 2014, ch. 538, § 49, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2000 amendment substituted “purposes of the program shall be to attract additional qualified” for “purpose of the program shall be to attract qualified” and inserted “and to retain the qualified . . . teacher shortage areas” in (1); substituted “As part of the program” for “Under the program” in (2); inserted “area” near the middle of (5); and inserted the third sentence in (8).

The 2014 amendment added the last paragraph.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203 and Code §§37-1-1 et seq.

Mississippi Critical Teacher Shortage Fund, see §37-159-17.

§ 37-159-11. Mississippi Employer-Assisted Housing Teacher Program; service to geographical areas short of teachers; eligibility for participation; failure to comply with commitment [Repealed effective July 1, 2020].

  1. There is established the Mississippi Employer-Assisted Housing Teacher Program, which shall be a special home loan program for eligible licensed teachers who render service to the state in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education. The home loan program shall be administered by the State Department of Education in conjunction with the Federal National Mortgage Association (Fannie Mae). The department may contract with one or more public or private entities to provide assistance in implementing and administering the program. The State Board of Education shall adopt rules and regulations regarding the implementation and administration of the program.
  2. Participation in the loan program shall be available to any licensed teacher who renders service in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education. Any person who receives a loan under the program shall be required to purchase a house and reside in a county in which the school district for which the teacher is rendering service, or any portion of the school district, is located. The maximum amount of a loan that may be made under the program to any person shall be Six Thousand Dollars ($6,000.00).
  3. Any loan made under the program to a person who actually renders service as a teacher in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, shall be converted to an interest-free grant on the basis of one (1) year’s service for one-third (1/3) of the amount of the loan. Any person who does not render three (3) years’ service as a teacher in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, shall be liable to the State Department of Education for one-third (1/3) of the amount of the loan for each year that he does not render such service, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his service. If a claim for repayment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney’s fee.
  4. All funds received by the State Department of Education as repayment of loans by program participants shall be deposited in the Mississippi Critical Teacher Shortage Fund.

    This section shall stand repealed July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 14; Laws, 2000, ch. 321, § 1; Laws, 2001, ch. 543, § 1; Laws, 2004, ch. 369, § 1; reenacted and amended, Laws, 2009, ch. 345, § 30; Laws, 2014, ch. 538, § 50, eff from and after July 1, 2014.

Editor’s Notes —

Laws, 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws, 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2000 amendment substituted “July 1, 2001” for “July 1, 2000” in (5).

The 2001 amendment extended the date of the repealer for this section from “July 1, 2001” to “July 1, 2004.”

The 2004 amendment extended the date of the repealer provision in (5) from “July 1, 2004” until “July 1, 2009.”

The 2009 amendment reenacted and amended the section by deleting former (5), which provided that the section was to stand repealed on July 1, 2009.

The 2014 amendment added the last paragraph.

Cross References —

State Board of Education, see Miss. Const. Art. 8, § 203 and Code §§37-1-1 et seq.

Mississippi Critical Teacher Shortage Fund, see §37-159-17.

§ 37-159-13. Construction of rental housing; West Tallahatchie school district; selection of developer; funding; liability; operation; priority for residence [Repealed effective July 1, 2020].

  1. There is established a pilot program to provide for the construction of rental housing units for teachers in the West Tallahatchie School District, which pilot program shall be administered by the State Department of Education. The department may contract with one or more public or private entities to provide assistance in implementing and administering the program. The State Board of Education shall adopt rules and regulations regarding the implementation and administration of the program.
  2. The West Tallahatchie School District shall receive proposals from developers for the construction of the rental housing units, and submit its recommendation to the State Department of Education about which developer should construct the units. The department shall make the final determination about the developer that will construct the units.
  3. After selection of the developer, the department shall loan the developer not more than Two Hundred Thousand Dollars ($200,000.00) for construction of the units. The interest rate on the loan shall be equal to one percent (1%) below the discount rate at the Federal Reserve Bank in the Federal Reserve district in which the school district is located, and the loan shall be repaid in not more than fifteen (15) years, as determined by the department. All funds received by the department as repayment of the principal and interest of the loan shall be deposited in the Mississippi Critical Teacher Shortage Fund. If a claim against the developer for repayment is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney’s fee.
  4. The developer shall operate the rental housing units. For a period of ten (10) years or until such time as the loan to the developer is repaid, whichever is longer, the priority for residence in the units shall be given first to teachers employed by the school district, then to other licensed school district employees, and then to any other school district employees.

    This section shall stand repealed July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 15; Laws, 2014, ch. 538, § 51, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2014 amendment added the last paragraph.

OPINIONS OF THE ATTORNEY GENERAL

The State Board of Education may find that a 30-year amortization with a balloon payment at the end of 15 years satisfies the required repayment terms provided in subsection (3) of this section and may approve repayment terms containing such arrangement. Thompson, March 26, 1999, A.G. Op. #99-0153.

The State Board of Education may determine that the construction, with private funds, of additional housing to be governed by subsection (4) of this section would constitute valuable consideration and may therefore agree to release unused portions of the tract from the lien of its deed of trust, in return for such construction and additional consideration of nominal or no value. Thompson, March 26, 1999, A.G. Op. #99-0153.

The State Board of Education may agree that a developer may fill a vacancy with an applicant outside the priority of subsection (4) of this section if the developer and the school district have entered into an agreement wherein the school district has a fixed amount of time in which to fill any vacancy with a school district in order of priority; if the vacancy is not filled within that number of days by a school district employee, the developer may fill the vacancy with an applicant from outside the priority list and may find that seven days is a reasonable amount of time therefor. Thompson, March 26, 1999, A.G. Op. #99-0153.

§ 37-159-15. Repealed.

Repealed by Laws, 2011, ch. 442, § 20, effective July 1, 2011.

§37-159-15. [Laws, 1998, ch. 544, § 16, eff from and after passage (approved April 13, 1998).]

Editor’s Notes —

Former §37-159-15 required an annual assessment of the impact of the teacher recruitment incentive programs.

§ 37-159-17. Mississippi Critical Teacher Shortage Fund; establishment; deposit and use of funds [Repealed effective July 1, 2020].

There is established in the State Treasury a special fund to be designated the “Mississippi Critical Teacher Shortage Fund,” into which shall be deposited those funds appropriated by the Legislature, and any other funds that may be made available, for the purpose of implementing the programs established under Sections 37-159-5, 37-9-77, 37-3-91 and 37-159-9 through 37-159-13. Money in the fund at the end of a fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund.

This section shall stand repealed on July 1, 2020.

HISTORY: Laws, 1998, ch. 544, § 17; Laws, 2012, ch. 315, § 2; Laws, 2014, ch. 538, § 52, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1998, ch. 544, which enacted the provisions of Sections 37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 [repealed] and 37-149-1, may be cited as the “Mississippi Critical Teacher Shortage Act of 1998” pursuant to Section 37-159-1.

The preamble to Laws of 1998, ch. 544, provides in pertinent part:

“WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers that continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

“WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state’s work force of tomorrow, made of our children of today; and

“WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education: NOW, THEREFORE,”

Amendment Notes —

The 2012 amendment deleted “37-159-3” preceding “37-159-5” in the first sentence.

The 2014 amendment added the last paragraph.

Mississippi Dyslexia Education Scholarship Program

§§ 37-159-51 and 37-159-53. Repealed.

Repealed by Laws of 2014, ch. 538, § 40, effective July 1, 2014.

§37-159-51. [Laws, 2012, ch. 562, § 1, eff from and after July 1, 2012.]

§37-159-53. [Laws, 2012, ch. 562, § 2; Laws, 2013, ch. 429, § 1, eff from and after July 1, 2013.]

Editor’s Notes —

Former §37-159-51 established the Mississippi Dyslexia Education Scholarship Program. For present similar provisions, see §37-106-71.

Former §37-159-53 related to the administration of the Mississippi Dyslexia Education Scholarship Program. For present similar provisions, see §37-106-71.

Chapter 160. Teach for America Act

§ 37-160-1. Short title; purpose.

  1. This chapter shall be known and may be cited as the “Teach for America Act.”
  2. The following are the purposes of this chapter:
    1. To increase the number of highly accomplished recent college graduates teaching in school districts in geographical areas of the state which are economically challenged and in which there exists a critical shortage of teachers.
    2. To increase the number of recent college graduates teaching in the Teach For America partnering school districts on July 1, 2008, and to bring teachers from a nationally recruited corps of outstanding new teachers to additional communities in Mississippi by expanding the Teach For America program to additional school districts.
    3. To build a broader resource of talented and experienced future leaders in public education and education reform for the State of Mississippi.
    4. To authorize state funds to be used as matching funds by Teach For America, Inc., in order to raise additional funding to cover the programmatic costs of recruiting, selecting, training and providing appropriate support to the Teach For America teachers teaching in Mississippi.

HISTORY: Laws, 2008, ch. 461, § 1, eff from and after July 1, 2008.

§ 37-160-3. Definitions.

As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

“Grantee” means the Mississippi office of Teach For America, Inc., known as “Teach For America Delta.”

“High need school district” means a school district experiencing a shortage of highly qualified teachers and includes, but is not necessarily limited to, those school districts in a geographical area of the state designated by the State Board of Education as having a critical shortage of teachers under the Mississippi Critical Teacher Shortage Act of 1998 (Sections 37-159-1 through 37-159-17).

HISTORY: Laws, 2008, ch. 461, § 2, eff from and after July 1, 2008.

§ 37-160-5. Award of grants to Teach For America-Delta to recruit new teachers; use of funds.

  1. The State Superintendent of Public Education may award annually a grant or grants to Teach For America Delta for the purpose of recruiting to Mississippi outstanding new teachers who commit to teach no less than two (2) years in an underserved community in the state. Each year, the Legislature may appropriate to the State Department of Education an amount that may be necessary for making a grant or grants under this section.
  2. In awarding grants to Teach For America Delta, the superintendent shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds to raise additional funds for the following purposes:
    1. To provide highly qualified teachers to high need school districts in the state;
    2. To pay the costs of recruiting, selecting, training and supporting new teachers; and
    3. To serve the educational needs of a substantial number and percentage of underserved students.
  3. The grantee shall use all funds received under this chapter to support activities related directly to the recruitment, selection, training and support of teachers. Specifically, grant funds shall be used to carry out each of the following activities:
    1. Recruiting and selecting Teach For America teachers through a highly selective national process.
    2. Providing preservice training to the Teach For America teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory.
    3. Placing the Teach For America teachers in schools and positions designated by officials in those school districts participating in programs under the Mississippi Critical Teacher Shortage Act of 1998 as high need placements serving underserved students.
    4. Providing ongoing professional development activities for each Teach For America teacher’s first two (2) years in the classroom, including regular classroom observations and critical feedback, and ongoing training and support that leads to a standard five-year teaching license.

HISTORY: Laws, 2008, ch. 461, § 3, eff from and after July 1, 2008.

Cross References —

Mississippi Critical Teacher Shortage Act of 1998, see §§37-159-1 et seq.

§ 37-160-7. Grantee to provide written status report; report contents.

Before December 1 of each year, the grantee shall submit a written report to the State Superintendent of Public Education on the status of Teach For America Delta. The report must include no less than the following:

Data on the Teach For America teachers under contract and teaching in a geographical critical teacher shortage area, including a list of those school districts that are partnering with Teach For America through funds provided under this chapter and the grades or subjects that are being taught by Teach For America teachers in those school districts;

Data on each Teach For America teacher relating to the background of the teacher and the teacher’s training and professional development;

The retention rate of Teach For America teachers in Mississippi;

The results of an externally conducted biannual analysis of the satisfaction rate of local principals regarding the quality and effect of Teach For America teachers in the principals’ respective schools; and

Any other information requested for the report by the State Superintendent of Public Education.

HISTORY: Laws, 2008, ch. 461, § 4, eff from and after July 1, 2008.

Chapter 161. Mississippi Education Reform Act of 2006

§ 37-161-1. Short title; findings and determinations.

  1. This act [Laws of 2006, Chapter 504] shall be known and may be referred to as the “Mississippi Education Reform Act of 2006.”
  2. The Legislature finds and determines that the quality and accountability of public education and its effect upon the social, cultural and economic enhancement of the people of Mississippi is a matter of public policy, the object of which is the education and performance of its children and youth.

HISTORY: Laws, 2006, ch. 504, § 1; reenacted without change, Laws, 2009, ch. 345, § 31, eff from and after June 30, 2009.

Editor’s Notes —

Former Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted the section without change.

§ 37-161-3. Legislative findings and declarations; Mississippi Virtual Public School Program created; definitions; necessary instructional materials and access to necessary technology provided to students enrolled in virtual school; qualifications of teachers; enrollment to be free of charge to students subject to availability of funds; responsibility of parents or guardians for cost.

  1. The Legislature finds and declares the following:
    1. Meeting the educational needs of children in our state’s schools is of the greatest importance to the future welfare of the State of Mississippi;
    2. Closing the achievement gap between high-performing students, including the achievement gap among at-risk students, is a significant and present challenge;
    3. Providing a broader range of educational options to parents and utilizing existing resources, along with technology, may help students in the state improve their academic achievement; and
    4. Many of the state’s school districts currently lack the capacity to provide other public school choices for students whose schools are low performing.
  2. There is created the Mississippi Virtual Public School Program, which is the responsibility of the State Department of Education. It is the intent of the Legislature that the Mississippi Virtual Public School established under this section provides Mississippi families with an alternative choice to access additional educational resources in an effort to improve academic achievement. The Mississippi Virtual Public School must be recognized as a public school and provide equitable treatment and resources as are other public schools in the state. Private providers, overseen by the State Department of Education, may be selected by the State Board of Education to administer, manage or operate virtual school programs in this state, including the total operation of the Mississippi Virtual Public School Program. Any private provider chosen to provide services under the provisions of this subsection shall be chosen through the Mississippi Online Course Application Process.
  3. Nothing in this section may be interpreted as precluding the use of computer- and Internet-based instruction for students in a virtual or remote setting utilizing the Mississippi Virtual Public School.
  4. As used in this section, the following words and phrases have the meanings respectively ascribed unless the context clearly requires otherwise:
    1. “Mississippi Virtual Public School” means a public school in which the state uses technology in order to deliver instruction to students via the Internet in a virtual or remote setting.
    2. “Sponsor” means the public school district is responsible for the academic process for each student, including, but not limited to, enrollment, awarding of credit and monitoring progress.
    1. The State Board of Education shall establish the Mississippi Virtual Public School beginning in school year 2006-2007.
    2. Students who enroll in the Mississippi Virtual Public School may reside anywhere in the State of Mississippi.
  6. Subject to appropriation, the Mississippi Virtual Public School shall provide to each student enrolled in the school all necessary instructional materials. Subject to appropriation, the sponsored school must ensure that each student is provided access to the necessary technology, such as a computer and printer, and to an Internet connection for schoolwork purposes.
  7. The Mississippi Department of Education shall have approval authority for all coursework and policy of the Mississippi Virtual Public School.
  8. Each teacher employed by or participating in the delivery of instruction through the Mississippi Virtual Public School must meet all qualifications for licensure in the State of Mississippi.
  9. Any student who meets state residency requirements may enroll in the Mississippi Virtual Public School.
  10. Enrollment in the Mississippi Virtual Public School shall be free of charge to students. The costs associated with the operations of the virtual school must be shared by the State Department of Education, subject to appropriation, and/or the local school districts. Once the State Department of Education appropriation and the local school district budgeted funds for Mississippi Virtual Public School have been expended and students choose to enroll in online courses, the costs of the online courses may be the responsibility of the students’ parents or guardians.

HISTORY: Laws, 2006, ch. 346, § 1; Laws, 2006, ch. 504, § 10; reenacted without change, Laws, 2009, ch. 345, § 32; Laws, 2010, ch. 330, § 1; Laws, 2011, ch. 442, § 19, eff from and after July 1, 2011; Laws, 2018, ch. 427, § 1, eff from and after July 1, 2018.

Editor’s Notes —

Laws of 2006, ch. 346, § 1, effective from and after July 1, 2006 (approved March 13, 2006), contained similar language to this section. The version contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here because it is the latest expression of legislative intent, as determined by the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Former Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted the section without change.

The 2010 amendment, in (2), in the next-to-last sentence, inserted “administer, manage or” and “including the total operation of the Mississippi Virtual Public School Program,” and added the last sentence; and substituted “every three (3) years” for “annually” in (6).

The 2011 amendment deleted former (6) which required evaluations of the Mississippi Virtual Public School every three years.

The 2018 amendment substituted “the Mississippi Online Course Application Process” for “a competitive RFP process” at the end of (2); substituted “Mississippi Department of Education” for “State Board of Education” in (7); and in (10), substituted “shall be free of charge” for “must be free of charge” and added the last sentence.

§ 37-161-5. Creation of Lifelong Learning Commission; composition; duties; annual report; meetings.

  1. There is established a commission to be known as the “Lifelong Learning Commission.”
  2. The commission shall consist of four (4) members, who shall serve ex officio, as follows:
    1. The Governor of the State of Mississippi, who shall serve as chairman;
    2. The State Superintendent of Public Education;
    3. The Commissioner of the Mississippi Community College Board; and
    4. The Commissioner of Higher Education.
  3. The duties of the Lifelong Learning Commission shall include, but not necessarily be limited to, the following:
    1. To assess the dropout crisis in Mississippi and recommend action steps to address it;
    2. To create a set of common definitions for graduation and dropout rates which can be used to compare the commission’s progress relative to other states;
    3. To facilitate agreements that will make the Mississippi high school experience more meaningful;
    4. To encourage more rigor and relevance in the high school experience;
    5. To facilitate the transferability of education from secondary to postsecondary institutions;
    6. To raise state awareness on the need for improving Mississippi’s high schools;
    7. To develop a series of best practices policy actions that state policymakers and legislators can implement to achieve system-wide high school reform; and
    8. To convene town hall meetings around the state, when the commission determines necessary, where students, teachers, administrators and parents can discuss high school, the senior year and impediments to greater success.
  4. The commission may prepare an annual report for the consideration of the Chairmen of the House and Senate Education and Universities and Colleges Committees pertaining to the information gathered in the performance of its duties.
  5. The commission members shall meet at those times and places deemed necessary by the commission. The commission may use any available resources to fulfill its mission.

HISTORY: Laws, 2006, ch. 346, § 4; Laws, 2006, ch. 504, § 13; reenacted without change, Laws, 2009, ch. 345, § 33; Laws, 2014, ch. 397, § 54, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 2006, ch. 346, § 4, effective from and after July 1, 2006 (approved March 13, 2006), contained identical language to this section. The version contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here because it is the latest expression of legislative intent, as determined by the Co-counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Former Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted the section without change.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2)(c).

§ 37-161-7. Wellness curriculum to be developed by State Board of Education; board shall adopt implementation rules and regulations.

The State Board of Education shall develop a wellness curriculum for use by each school district and the board shall establish rules and regulations to be followed by the districts whereby the districts shall implement the curriculum. Such wellness curriculum shall include educating students about the value of exercise, proper diet and abstinence from use of tobacco and alcohol. The state board shall also adopt regulations for districts’ compliance concerning what products may be sold in vending machines on campus and when they can be sold.

HISTORY: Laws, 2006, ch. 504, § 18; reenacted without change, Laws, 2009, ch. 345, § 34, eff from and after June 30, 2009.

Editor’s Notes —

Former Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted the section without change.

Chapter 163. Education Achievement Council

§ 37-163-1. Education Achievement council created; composition; duties and responsibilities; annual report; compensation.

  1. There is created an Education Achievement Council whose purpose is to sustain attention to the state’s goal of increasing the educational attainment and skill levels of the state’s working-age population benchmark to the national average by 2025.
  2. The Education Achievement Council shall consist of twenty-five (25) members:
    1. The Chairmen of the House and Senate Universities and Colleges Committees;
    2. The Chairmen of the House and Senate Education Committees;
    3. A representative of the Governor’s office appointed by the Governor;
    4. Two (2) members of the Board of Trustees of State Institutions of Higher Learning;
    5. The Chairman of the State Board of Education, or his designee;
    6. The Chairman and one (1) member of the Mississippi Community College Board, or his designee;
    7. The State Superintendent of Public Education, or his designee;
    8. The Commissioner of Higher Education, or his designee;
    9. The Executive Director of the Mississippi Community College Board, or his designee;
    10. Three (3) presidents of state institutions of higher learning appointed by the Board of Trustees of State Institutions of Higher Learning, one (1) of which must be from a historically black institution of higher learning;
    11. Three (3) community and junior college presidents appointed by the Mississippi Community College Board;
    12. The Executive Director of the Mississippi Department of Mental Health, or his designee;
    13. The President and Chief Executive Officer of the Mississippi Economic Council;
    14. The Chairmen of the House and Senate Appropriations Committees, or their designees;
    15. The Executive Director of the Mississippi Association of Independent Colleges and Universities; and
    16. The President of the Mississippi Association for Proprietary Schools.
  3. The Education Achievement Council shall work collaboratively with the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board to achieve the state’s goal, and shall not displace any governing or coordinating responsibilities.
  4. The Education Achievement Council shall:
    1. Establish the education achievement goals for the state;
    2. Develop and prescribe appropriate planning processes;
    3. Establish appropriate benchmarks to measure progress, including degrees awarded per one hundred (100) full-time equivalent (FTE) students calculated using completed credit hours; conduct the necessary studies and analysis;
    4. Research and develop a new funding mechanism for public community colleges and state institutions of higher learning based upon productivity goals and accomplishments as well as enrollment, and submit a report thereon with necessary legislation to the Governor and the appropriate committees of the Legislature on or before November 1, 2012, for consideration at the 2013 Regular Session; and
    5. Contract for any professional services that it deems necessary to complete its work.
  5. The Education Achievement Council shall monitor and report on the state’s progress toward these education achievement goals by preparing an annual state report card compiled from the annual reports prepared and submitted by each state institution of higher learning and community and junior college in the state. The state’s annual report shall be made available on the Education Achievement Council website, as well as the websites of the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board.
  6. Each state institution of higher learning and community and junior college shall be required to develop and publish an annual report as prescribed by the Education Achievement Council. By November 1 of each year, as prescribed by the Education Achievement Council, each institution’s annual report shall be published in a newspaper having general circulation in the county and posted on the institution’s website in printable form. The public notice shall include information on the report’s availability on the institution’s website, with the website address, and the locations where a copy of the report may be obtained.
  7. Within sixty (60) days of March 24, 2010, the Education Achievement Council shall meet and organize by selecting from its membership a chairman, vice chairman and secretary each for a one-year term of office. A majority of the membership will constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative majority vote shall be required. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting is scheduled.
  8. The Legislature may appropriate funds to the Board of Trustees of State Institutions of Higher Learning for the administrative, contractual costs, travel and other expenses of the Education Achievement Council.
  9. Members of the Education Achievement Council who are not legislators, state officials or state employees may be compensated at the per diem rate authorized by Section 25-3-41 for mileage and actual expense incurred in the performance of their duties. Legislative members of the Education Achievement Council may be paid from the contingent expense funds of their respective houses, but only with the specific approval of the Senate Rules Committee or House Management Committee; however, no per diem or expense is authorized for attending meetings of the Education Achievement Council when the Legislature is in session. Nonlegislative members may be paid from any funds made available for that purpose.
  10. The Commissioner of Higher Education, or his designee, shall serve as the principal staff to support the Education Achievement Council. The Commissioner of Higher Education and the Executive Director of the Mississippi Community College Board shall provide appropriate staff to support the work of the Education Achievement Council.

HISTORY: Laws, 2010, ch. 424, § 1; Laws, 2011, ch. 377, § 1; Laws, 2014, ch. 397, § 55; Laws, 2016, ch. 307, § 1, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2009, ch. 489, § 2 provides:

“(1) It is the intent of the Legislature and the expectation of each institution of higher learning and community and junior colleges in the state that all students in such institutions receive a quality education and graduate from such institutions. The Legislature also recognizes that annual performance reports show that a significant number of students underperform and fail to meet their goal of graduation.

“(2) To assist the Legislature in shaping public policy to improve student outcomes and educational opportunities for all students in such institutions of higher learning, there is established a task force to study and report on the graduation rates in the state institutions of higher learning and junior and community colleges.

“(3) The task force shall be composed of the following thirteen (13) members:

“(a) The Chairmen of the House and Senate Universities and Colleges Committees;

“(b) The Chairmen of the House and Senate Education Committees;

“(c) The State Superintendent of Public Education or his designee;

“(d) The Commissioner of Higher Education or his designee;

“(e) The Director of the State Board for Community and Junior Colleges or his designee;

“(f) The Chairman of the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges and the State Board of Education;

“(g) A representative of the Governor’s Office appointed by the Governor;

“(h) A president of one (1) comprehensive university appointed by the Board of Trustees of State Institutions of Higher Learning; and

“(i) A president of one (1) historical black university appointed by the Board of Trustees of State Institutions of Higher Learning.

“(4) Appointments to the task force must be made within thirty (30) days after the effective date of this act. Within fifteen (15) days after the expiration of the period for making appointments, on a day to be designated by the Commissioner of Higher Education, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman also must serve as secretary and be responsible for keeping all records of the task force. A majority of the membership of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

“(5) The task force may contract for any professional services that it deems necessary to complete its work and shall tour any universities and community or junior colleges as it deems necessary. The Legislature shall appropriate sufficient funding to the Board of Trustees of State Institutions of Higher Learning for the contractual costs and travel associated with attending meetings and for the on-site visits to universities and community or junior colleges.

“(6) Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the task force may be paid while the Legislature is in session. Task force members may not incur per diem, travel or other expenses unless previously authorized by vote at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the task force for that purpose.

“(7) The task force shall compile data, study and report on measures that may be taken to improve graduation rates in the universities, community colleges and junior colleges.

“(8) The Commissioner of Higher Education shall provide appropriate staff to assist the task force with carrying out its duties. Before December 31, 2009, the task force shall submit to the Legislature and the Governor a written report of its findings and recommendations on measures to improve graduation rates in universities, community colleges and junior colleges. Upon presentation of its report, the task force shall be dissolved.”

Laws of 2010, ch. 424, preamble provides:

“WHEREAS, it is the intent of the Legislature and the expectation of the Board of Trustees for State Institutions of Higher Learning and the State Board for Community and Junior Colleges, as well as each institution of higher learning and community and junior college in the state that all students in those institutions receive a quality education and graduate from those institutions; and

“WHEREAS, the Mississippi Legislature, during the 2009 Regular Session, established the Graduation Rate Task Force to assist the Legislature in shaping public policy to improve student outcomes and educational opportunities for all students in the institutions of higher learning by focusing on the means and methods to improve graduation rates and numbers; and

“WHEREAS, the Graduation Rate Task Force completed its work on December 16, 2009, and submitted its report, recommending the need to increase the educational attainment and skill levels of the state’s working-age population benchmark to the national average by 2025 to prepare a globally competitive workforce, enhance the state’s future economy, and improve the quality of life for the state’s citizens; and

“WHEREAS, the Graduation Rate Task Force further recommended establishing the Education Attainment Council to sustain attention by leading this agenda in partnership with the governing and coordinating roles of the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges; and

“WHEREAS, the Graduation Rate Task Force identified several key components of this agenda to include: the alignment of K-12 and higher education expectations for college-level learning; teacher preparation; reviewing admissions requirements and developmental education; implementation of a longitudinal data system; revising and strengthening transfer and articulation processes and policies; creating incentives for regional collaboration to ensure more students get through the system to higher levels of achievement; improving academic advisement at state institutions of higher learning; redesigning student financial aid; aligning financing policy with these long-term goals; and improving student recruitment, retention, persistence and completion; NOW, THEREFORE,”

Amendment Notes —

The 2011 amendment added (4)(d) and made related changes.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2)(f), (2)(i), (2)(k), (3), (5), and (10).

The 2016 amendment, in (2), substituted “twenty-five (25) members” for “twenty-three (23) members” in the introductory paragraph, added (o) and (p) and made related stylistic changes.

Cross References —

State agencies and public officials providing information about the agency or office to the public on a website are required to regularly review and update that information, see §25-1-117.

Chapter 165. Conversion Charter School Act of 2010

§§ 37-165-1 through 37-165-27. Repealed.

Repealed by Laws of 2013, ch. 497, § 92, eff from and after July 1, 2013.

§37-165-1. [Laws, 2010, ch. 540, § 4, eff from and after July 1, 2010.]

§37-165-3. [Laws, 2010, ch. 540, § 5, eff from and after July 1, 2010.]

§37-165-5. [Laws, 2010, ch. 540, § 6, eff from and after July 1, 2010.]

§37-165-7. [Laws, 2010, ch. 540, § 7, eff from and after July 1, 2010.]

§37-165-9. [Laws, 2010, ch. 540, § 8, eff from and after July 1, 2010.]

§37-165-11. [Laws, 2010, ch. 540, § 9, eff from and after July 1, 2010.]

§37-165-13. [Laws, 2010, ch. 540, § 10, eff from and after July 1, 2010.]

§37-165-15. [Laws, 2010, ch. 540, § 11, eff from and after July 1, 2010.]

§37-165-17. [Laws, 2010, ch. 540, § 12, eff from and after July 1, 2010.]

§37-165-19. [Laws, 2010, ch. 540, § 13, eff from and after July 1, 2010.]

§37-165-21. [Laws, 2010, ch. 540, § 14, eff from and after July 1, 2010.]

§37-165-23. [Laws, 2010, ch. 540, § 15, eff from and after July 1, 2010.]

§37-165-25. [Laws, 2010, ch. 540, § 16, eff from and after July 1, 2010.]

§37-165-27. [Laws, 2010, ch. 540, § 17, eff from and after July 1, 2010.]

Editor’s Notes —

Former §37-165-1 provided the short title for the chapter.

Former §37-165-3 provided the legislative intent.

Former §37-165-5 provided the definitions of terms used in the chapter.

Former §37-165-7 related to chapter applicability, the procedure and process for converting a public school to a conversion charter school, conversion plan contents and powers and duties of the local management board.

Former §37-165-9 provided immunity from civil and criminal liability.

Former §37-165-11 related to the timing of conversion petitions and the approval or denial process.

Former §37-165-13 provided that a public school converted to a conversion charter school would continue to be considered a public school for certain funding and service purposes.

Former §37-165-15 provided the term of contract for a conversion charter school and a process for removing a school from conversion charter school status.

Former §37-165-17 provided that employees of a conversion charter school would be considered employees of local school districts for the purpose of receiving certain benefits.

Former §37-165-19 placed a limit on the number of conversion charter schools allowed per congressional district.

Former §37-165-21 prohibited unlawful reprisal against school district employees for direct or indirect involvement in a petition to convert a public school to a conversion charter school.

Former §37-165-23 related to the applicability of the Education Employment Procedures Law to employees of schools converted to conversion charter schools.

Former §37-165-25 related to sources of funding for public schools converted to conversion charter schools.

Former §37-165-27 provided that §§37-167-1,37-9-103 and37-165-1 through37-165-27 were to stand repealed on July 1, 2016.

Chapter 167. New Start School Program [Repealed]

§ 37-167-1. Repealed.

Repealed by Laws of 2017, ch. 343, § 1, effective from and after July 1, 2017.

§37-167-1. [Laws, 2010, ch. 540, § 1; Laws, 2014, ch. 458, § 1; Laws, 2015, ch. 344, § 1, eff from and after July 1, 2015.]

Editor’s Notes —

Former §37-167-1 established the “New Start School Program.”

Chapter 169. Mississippi Autism Advisory Committee

§ 37-169-1. Mississippi autism advisory committee created; purpose; report to Legislature.

The Mississippi Autism Advisory Committee is created to study, make recommendations and develop a strategic plan on how best to educate and train students with autism or ASD to maximize their potential productivity with the workforce.The committee shall meet at least six (6) times annually, and shall develop an annual plan.The report and plan of the committee, which shall be due annually on July 1, to the Mississippi Legislature, shall detail the progress and problems in creating meaningful progress in the areas of mental health, education, medical and employment for individuals with autism or ASD and their families.

HISTORY: Laws, 2011, ch. 370, § 1, eff from and after passage (approved Mar. 11, 2011.).

Editor’s Notes —

“The preamble to ch. 370, Laws of 2011, effective from and after March 11, 2011, provides:

“WHEREAS, autism is a complex developmental disability that typically appears during the first three (3) years of life and is part of a group of disorders known as Autism Spectrum Disorders (ASD); and

“WHEREAS, as of the effective date of this act, at least one (1) in one hundred (100) individuals in the United States is diagnosed with autism, making it more common than the occurrences in our population of pediatric cancer, diabetes and AIDS combined; and

“WHEREAS, autism impairs a person’s ability to communicate and relate to others; is associated with rigid routines and repetitive behaviors, such as obsessively arranging objects or following very specific routines; is four (4) times more likely to strike boys than girls; and occurs in all racial, ethnic and social groups; and

“WHEREAS, symptoms of the disability can range from very mild to quite severe, and autistic behaviors not only make life difficult for those individuals who suffer from the disability, but also make life hard for their families, health care providers and teachers; and

“WHEREAS, families coping with this devastating illness are struggling with the state’s education and medical systems to adequately educate and treat their children; and

“WHEREAS, there is no known means to prevent the disability; there are indications that early intervention in an appropriate educational setting for at least two (2) years during the preschool years can result in significant improvements for many young children with the disorder; and

“WHEREAS, statistically, there is an extreme under identification of children with autism; and

“WHEREAS, employment opportunities for individuals with ASD need to be identified; and

“WHEREAS, the Mississippi Legislature recognizes that strategies for how to best identify, treat, educate, accommodate and employ individuals with autism and assist their families are urgently needed in our state; NOW, THEREFORE,”

§ 37-169-3. Composition of advisory committee.

Members of the advisory committee shall be composed of the following:

Five (5) persons who are the parents of children with autism or ASD, with one (1) such person to be appointed by the Governor, two (2) to be appointed by the Lieutenant Governor, and two (2) to be appointed by the Speaker of the House;

One (1) person who is a member of the governing body of a school district, to be appointed by the State Superintendent of Public Education;

The State Superintendent of Public Education or the Associate Superintendent of the Office of Special Education;

One (1) person who is the director of special education services in a school district, to be appointed by the State Superintendent of Public Education;

Two (2) members of the Mississippi Special Education Advisory Committee, to be selected by the committee;

Two (2) educators or behavioral specialists who work directly with students with ASD, to be appointed by the State Superintendent of Public Education;

Two (2) Mississippi licensed psychologists who perform evaluation or consultation with Mississippi schools, to be appointed by the Mississippi Association of Psychology in the Schools;

The project director of the Mississippi Parent Training and Information Center;

Two (2) persons who are representatives of autism advocacy groups or professionals who work with the advocacy groups and provide services to individuals with autism or ASD, to be appointed by the Executive Director of the Department of Mental Health;

One (1) person who is a representative of the State Department of Mental Health, to be appointed by the executive director of the department;

One (1) person who is a representative of a private mental health facility who provides services to youth with ASD, to be appointed by the Executive Director of the State Department of Mental Health;

One (1) person who is a representative of the University of Mississippi Medical Center and who provides medical or other services to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

Two (2) persons who are working in private industry whose business has the potential to employ individuals with autism, to be appointed by the Governor;

One (1) person who is a Transition Specialist, to be appointed by the State Superintendent of Public Education;

One (1) representative of the T.K. Martin Center, to be appointed by the Director of the T.K. Martin Center;

One (1) representative of the Mississippi Department of Rehabilitation Services;

Two (2) persons who are licensed therapists, to be appointed by the President of the Mississippi Speech Language and Hearing Association;

One (1) person who is a representative of the Mississippi Department of Insurance, to be appointed by the commissioner; and

One (1) person who is a representative of the Mississippi Department of Human Services, to be appointed by the director of the department.

HISTORY: Laws, 2011, ch. 370, § 2, eff from and after passage (approved Mar. 11, 2011.).

§ 37-169-5. Duties of advisory committee; meetings; terms of members.

  1. The advisory committee shall:
    1. Review the recommendations of the Caring for Individuals with Autism Task Force of 2007;
    2. Evaluate, study and identify any and all current relevant information and make legislative recommendations regarding the development and implementation of a continuum of educational and medical services for individuals with autism or ASD; and
    3. File a report with those standing committees of the Mississippi Legislature and present the report to those state agencies having jurisdiction over specific recommendations of the task force, not later than July 1 of each year.
  2. The advisory committee shall hold its first meeting not later than April 1, 2011, with the date, time and location of the meeting to be designated by the Executive Director of the Department of Mental Health. At that first meeting, the advisory committee shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, and shall set the date, time and location of its next meeting.
  3. The terms of advisory committee members shall run for two (2) years, concurrent with the term of members of the Mississippi Congressional Delegation elected to the United States House of Representatives.
  4. The State Department of Mental Health shall provide the staff and other support necessary for the Mississippi Autism Advisory Committee to perform its duties.
  5. Members of the advisory committee shall serve without compensation in the form of a per diem or any other expense for service on the committee.

HISTORY: Laws, 2011, ch. 370, § 3, eff from and after passage (approved Mar. 11, 2011.).

Editor’s Notes —

“The preamble and § 1 of ch. 456, Laws of 2007, provide:

“WHEREAS, autism is a complex developmental disability that typically appears during the first three (3) years of life and is part of a group of disorders known as Autism Spectrum Disorders (ASD); and

“WHEREAS, as of the effective date of this act, at least one (1) in one hundred sixty-six (166) individuals in the United States is diagnosed with autism, making it more common than the occurrences in our population of pediatric cancer, diabetes, and AIDS combined; and

“WHEREAS, autism impairs a person’s ability to communicate and relate to others; is associated with rigid routines and repetitive behaviors, such as obsessively arranging objects or following very specific routines; is four (4) times more likely to strike boys than girls; and occurs in all racial, ethnic and social groups; and

“WHEREAS, symptoms of the disability can range from very mild to quite severe, and autistic behaviors not only make life difficult for those individuals who suffer from the disability, but also make life hard for their families, health care providers and teachers; and

“WHEREAS, families coping with this devastating illness are searching for answers about its causes, diagnosis, prevention and treatment, and while there is no known means to prevent the disability, there are indications that early intervention in an appropriate educational setting for at least two (2) years during the preschool years can result in significant improvements for many young children with the disorder; and

“WHEREAS, the Mississippi Legislature recognizes that strategies for how to best identify, treat and accommodate the needs of individuals with autism and of their families are urgently needed in our state; NOW, THEREFORE,”

“SECTION 1. (1) The Caring for Mississippi Individuals with Autism Task Force is created to study and make recommendations to the Mississippi Legislature regarding the growing incidence of autism and Autism Spectrum Disorders (ASD), how to identify, treat and accommodate the needs of individuals with autism and ASD, and ways to improve the delivery and coordination of state services provided to individuals with autism and ASD. Members of the task force shall be composed of the following:

“(a) Three (3) persons who are the parents of children with autism or ASD, with one (1) such person to be appointed by the Governor, one (1) to be appointed by the Lieutenant Governor, and one (1) to be appointed by the Speaker of the House;

“(b) One (1) person who is a member of the governing body of a school district, to be appointed by the State Superintendent of Public Education;

“(c) One (1) person who represents the State Department of Education, to be appointed by the State Superintendent of Public Education;

“(d) One (1) person who is the director of special education services in a school district, to be appointed by the State Superintendent of Public Education;

“(e) One (1) person who is a representative of the State Department of Mental Health, to be appointed by the executive director of the department;

“(f) Three (3) persons who are representatives of the State Department of Mental Health who are from regions in the state that provide services to individuals with autism or ASD, to be appointed by the executive director of the department;

“(g) One (1) person who is a representative of the University of Mississippi Medical Center and who provides medical or other services to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

“(h) Two (2) persons who are Mississippi pediatricians engaged in the private practice of medicine and who provide treatment to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

“(i) Two (2) persons who are licensed therapists appointed by the President of the Mississippi Speech Language and Hearing Association.

“(2) The task force shall:

“(a) Review the best practices of other states with regard to educational, medical and early intervention services provided to individuals diagnosed with autism or ASD and identify the best practices of other states;

“(b) Review the standard of services provided by local Mississippi school districts and early intervention programs to individuals diagnosed with autism or ASD, identify any additional potential funding sources for school districts, and identify guidelines for measurable educational and instructional goals that can be used by members of the education community for serving children with autism or ASD;

“(c) Assess the medical availability of services currently provided for early screening, diagnosis and treatment of autism and ASD and provide recommendations for enhancing medical services;

“(d) Identify the role of higher education in developing a workforce in Mississippi possessing the skills necessary to assist individuals with autism or ASD in medical, educational, and vocational efforts or in providing additional services associated with autism or ASD;

“(e) Evaluate and identify any and all additional relevant information and make legislative recommendations regarding the development and implementation of a continuum of educational and medical services for individuals with autism or ASD; and

“(f) File a report with those standing committees of the Mississippi State Legislature and with those state agencies having jurisdiction over specific recommendations of the task force, not later than December 1, 2007.

“(3) The task force shall hold its first meeting not later than April 1, 2007, with the date, time and location of the meeting to be designated by the Governor. At that first meeting, the task force shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, and shall set the date, time and location of its next meeting.

“(4) The State Department of Mental Health shall provide the staff and other support necessary for the Caring for Mississippi Individuals with Autism Task Force to perform its duties.”

Chapter 171. Use of School Property by Public for Recreation and Sports

§ 37-171-1. Legislative findings and intent.

  1. The Legislature finds the following:
    1. The Centers for Disease Control and Prevention has released studies documenting:
      1. Overweight and obese children experience the same risk factors that are associated with heart disease in adults, including high blood pressure, high cholesterol levels and Type 2 diabetes, once referred to as adult-onset diabetes;
      2. Every year, an estimated three hundred thousand (300,000) people in America die because of diseases caused by being overweight and obese;
      3. Studies have shown that up to eighty percent (80%) of overweight adolescents become overweight adults;
      4. Fourteen percent (14%) of deaths from cancer in men and twenty percent (20%) of cancer deaths in women are because of being overweight and obese; and
      5. The annual economic impact in the United States from obesity on our health care system is estimated at One Hundred Forty-seven Billion Dollars ($147,000,000,000.00);
    2. According to the National Survey of Children’s Health, Mississippi’s childhood obesity rates are the highest in the nation;
    3. A recent study by a major insurance carrier stated that fifty percent (50%) of all Americans will have diabetes by the year 2020, costing the health care system approximately Three Trillion Three Hundred Fifty Billion Dollars ($3,350,000,000,000.00) if current trends in obesity are not abated; and
    4. According to the Journal of Nutrition Education and Behavior, adults with a household member who participated in a community garden consumed fruits and vegetables one and four-tenths (1-4/10) more times per day than those who did not participate, and they were three and one-half (3-1/2) times more likely to consume fruits and vegetables at least five (5) times daily.
  2. Therefore, the Legislature declares that the intent of this chapter is to make school property available to community members during nonschool hours for recreational activities in order to support active living, reduce obesity, reduce health care costs associated with obesity, increase community safety, maximize community resources, and promote community support for schools.

HISTORY: Laws, 2012, ch. 475, § 1, eff from and after July 1, 2012.

§ 37-171-3. Definitions.

As used in this chapter, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

“Recreation” means any indoor or outdoor game or activity, either organized or unorganized, undertaken for exercise, relaxation, diversion, sport or pleasure.

“School property” means all indoor or outdoor structures, facilities and land, whether owned, rented or leased by the school or school district.

“Sport” means an activity requiring physical exertion and skill and which, by its nature and organization, is competitive and generally accepted as being a sport.

“Shared use agreement” means a legal agreement that defines the rights and responsibilities of the school district and another organization or governmental agency for use of the school facilities for recreation or other purpose of importance to the community.

“Local government entity” means any county, municipality, school district, public hospital or other political subdivision of the state.

HISTORY: Laws, 2012, ch. 475, § 2, eff from and after July 1, 2012.

§ 37-171-5. Use of school property during nonschool hours by public for recreation or sports authorized; liability.

  1. The school board of a school district may adopt a policy allowing the public use of indoor or outdoor school property during nonschool hours for purposes of recreation or sport. The school district must ensure that this use of school facilities by the public does not interfere with the use of those facilities for school purposes.
  2. School districts and school district employees may not be held liable for any claim resulting from a loss or injury arising from the use of indoor or outdoor school property or facilities made available for public recreation or sport. However, this chapter does not relieve a school district or school district employee of liability that otherwise exists for:
    1. Deliberate, willful or malicious injury to persons or property by a school district employee; or
    2. Injury resulting from a lack of proper maintenance or upkeep of a piece of equipment or facilities, unless the school district or school district employee had attempted to restrict access to a piece of equipment or facilities area in need of repair which would endanger a student during normal school hours.

      This subsection may not be deemed to create or increase the liability of any person.

HISTORY: Laws, 2012, ch. 475, § 3, eff from and after July 1, 2012.

§ 37-171-7. Shared use agreements with community organizations and local governmental agencies.

  1. School districts are encouraged strongly to enter into shared use agreements with community organizations and local governmental agencies.
  2. Local government entities are expressly authorized to enter into such shared use agreements and/or expend public funds and/or to use public labor and/or equipment and/or commodities in furtherance of the purpose of such agreements.
  3. The State Department of Education, in consultation with the State Department of Health, shall develop a best practices tool kit relating to shared use agreements for school districts. This tool kit must include:
    1. Information outlining liability protections for both the school district and school district employees for injuries resulting from community use of school property or facilities for purposes of recreation or sport during nonschool hours;
    2. Model shared use agreement language;
    3. A list of technical assistance resources available for the school district to promote community recreational use of school property or facilities during nonschool hours;
    4. A list of potential community partners for shared use agreements; and
    5. A list of any grants or funding opportunities available to school districts to promote community recreational use of school property or facilities during nonschool hours.

      The tool kit must be posted on the State Department of Education and State Department of Health websites. The State Department of Education shall review the information required by this section no less than every two (2) years and shall update the information as necessary.

  4. The State Department of Education shall provide a link on the department’s website to any school district policies or procedures that promote community recreational use of school property or facilities in order to encourage information sharing among the school districts.
  5. Each school district, in consultation with the school health council, must address community recreational use of school property or facilities during nonschool hours.

HISTORY: Laws, 2012, ch. 475, § 4, eff from and after July 1, 2012.

Cross References —

State agencies and public officials providing information about the agency or office to the public on a website are required to regularly review and update that information, see §25-1-117.

Chapter 173. Dyslexia Therapy Scholarship for Students with Dyslexia Program

§ 37-173-1. Definitions.

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

“Board” means the State Board of Education.

“Department” means the State Department of Education.

“Dyslexia” means a specific learning disability that is neurological in origin, characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction, and secondary consequences which may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

“Dyslexia therapy” means an appropriate specialized dyslexia instructional program that is delivered by a Mississippi Department of Education licensed dyslexia therapist which is scientific, research-based, Orton-Gillingham based, and is offered in a small group setting to teach students the components of reading instruction which include:

Phonemic awareness to enable students to detect, segment, blend and manipulate sounds in spoken language;

Graphophonemic knowledge (phonics) for teaching the letter-sound plan of English;

The entire structure of the English language that encompasses morphology, semantics, syntax and pragmatics;

Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

Strategies that students use for decoding, encoding, word recognition, fluency and comprehension.

These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, following a logical plan of presenting the alphabetic principle commensurate with the students’ needs, with no assumption of prior skills or language knowledge; individualized to meet the specific learning needs of each individual student in a small group setting; intensive, highly concentrated instruction that maximizes student engagement and uses specialized methods and materials; meaning-based instruction directed toward purposeful reading and writing, with an emphasis on comprehension and composition; and multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.

“Dyslexia therapist” means a professional who has completed training in a department approved Orton-Gillingham based dyslexia therapy training program attaining a AA license in dyslexia therapy or a professional participating in a state approved dyslexia therapy training program to attain a AA license in dyslexia therapy.

“Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program” means a scholarship to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students in Grade 1 through Grade 12 diagnosed with dyslexia in order to receive comprehensive multisensory dyslexia therapy delivered by holders of an appropriate license in dyslexia therapy issued by the department.

“School” means any public or state accredited nonpublic special purpose school that provides a specific learning environment that provides comprehensive dyslexia therapy instruction delivered by dyslexia therapists licensed by the department providing highly qualified education and intervention services to children diagnosed with the primary learning disability of dyslexia.

HISTORY: Laws, 2012, ch. 560, § 1; reenacted without change, Laws, 2016, ch. 429, § 1; Laws, 2017, ch. 425, § 1, eff from and after July 1, 2017.

Amendment Notes —

The 2016 amendment was reenacted without change.

The 2017 amendment substituted “Grade 1 through Grade 12” for “Grade 1 through Grade 6” in (f).

§ 37-173-3. Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program established.

The Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program is established to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students with a diagnosis of dyslexia. Students in Grades 1 through 12 who have been properly screened and diagnosed with dyslexia shall be eligible to receive scholarship assistance under this program.

HISTORY: Laws, 2012, ch. 560, § 2; reenacted without change, Laws, 2016, ch. 429, § 2; Laws, 2017, ch. 425, § 2, eff from and after July 1, 2017.

Amendment Notes —

The 2016 amendment reenacted the section without change.

The 2017 amendment substituted “Grades 1 through 12” for “Grades 1-6” in the last sentence.

§ 37-173-5. Option to remove child from traditional school and enroll in public or nonpublic school that meets standards for unique learning needs of students with dyslexia; scholarship eligibility requirements.

  1. Parents or legal guardians may exercise the option to remove their child from a traditional public school setting to be enrolled in a public or nonpublic school which meets the standards for appropriate specific instruction designed to meet the unique learning needs of young dyslexic students. The objectives of such school shall be:
    1. To emphasize the importance of early intervention; and
    2. To provide intensive high-quality instruction of students in reading, spelling, writing, language arts, phonological awareness and fluency training, but shall not preclude instruction in mathematics, social studies, science, art, music and physical education based on the curriculum requirements of the State Department of Education.
  2. The parent or legal guardian of a public school student with dyslexia may request and receive from the state a Mississippi Dyslexia Therapy Scholarship for the child to enroll in and attend a nonpublic school in accordance with this section if:
    1. The student has spent the previous school year in attendance at a Mississippi public school or any other state approved nonpublic school in the state that emphasizes instruction in dyslexia intervention; or
    2. The parent or legal guardian has obtained acceptance for admission of the student to a nonpublic school that is eligible for the program under Section 37-173-19 and has requested from the department a scholarship within thirty (30) days before the date of the first scholarship payment. The request must be through a communication directly to the department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The Department of Education must notify the district of the parent’s or legal guardian’s intent upon receipt of the parent’s or legal guardian’s request.

HISTORY: Laws, 2012, ch. 560, § 3; reenacted without change, Laws, 2016, ch. 429, § 3, eff from and after July 1, 2016.

Editor’s Notes —

This section was reenacted without change by Laws of 2016, ch. 429, § 3, effective from and after July 1, 2016. Since the language of the section as it appears in the main volume is unaffected by the reenactment, it is not reprinted in this supplement.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-7. Student eligibility for scholarship; duration of scholarship.

  1. A student is not eligible for a Mississippi Dyslexia Therapy Scholarship while he or she is:
    1. Enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs;
    2. Participating in a homeschool education program;
    3. Participating in a virtual school, correspondence school, or distance learning program that receives state funding under the student’s participation unless the participation is limited to no more than two (2) courses per school year;
    4. Not having regular and direct contact with his or her private school teachers at the school’s physical location.
    1. For purposes of continuity of educational choice, a Mississippi Dyslexia Therapy Scholarship shall remain in force until the student returns to a public school or completes Grade 12, whichever occurs first.
    2. Upon reasonable notice to the department and the school district, the student’s parent or legal guardian may remove the student from the nonpublic school and place the student in a public school in accordance with this section.

HISTORY: Laws, 2012, ch. 560, § 4; reenacted without change, Laws, 2016, ch. 429, § 4; Laws, 2017, ch. 425, § 3, eff from and after July 1, 2017.

Amendment Notes —

The 2016 amendment reenacted the section without change.

The 2017 amendment substituted “Grade 12” for “Grade 6” in (2)(a).

§ 37-173-9. Public school option; nonpublic school option.

    1. The parent or legal guardian is not required to accept the offer of enrolling in another public school in lieu of requesting a Mississippi Dyslexia Therapy Scholarship to a nonpublic school. However, if the parent or legal guardian chooses the public school option, the student may continue attending a public school chosen by the parent or legal guardian until the student completes Grade 12.
    2. If the parent or legal guardian chooses a public school within the district, the school district shall provide transportation to the public school selected by the parent or legal guardian. However, if the parent or legal guardian chooses a public school in another district, the parent or legal guardian is responsible to provide transportation to the school of choice.
  2. Each local school district shall make an initial determination of whether a student diagnosed with dyslexia qualifies under the Individuals with Disabilities Education Act (IDEA) to receive services and funding under the provisions of the IDEA before proceeding to the development of a 504 Plan for each dyslexic student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. If a student’s diagnosis of dyslexia results in a determination that the disability is not a disability which would qualify the student as eligible under the IDEA, then in developing the written 504 Plan for each dyslexia student, there shall be a presumption that proficiency in spelling, reading and writing are essential for the student to achieve appropriate educational progress. Each local school district shall develop interventions and strategies to address the needs of those students diagnosed with dyslexia which provide the necessary accommodations to enable the student to achieve appropriate educational progress. The interventions and strategies developed shall include, but not be limited to, the use of the 3-Tier Instructional Model and the utilization of provisions of the IDEA and Section 504 to address those needs.

    Furthermore, these provisions do not prohibit a parent or legal guardian of a student diagnosed with dyslexia, at any time, from choosing the option of a Mississippi Dyslexia Therapy Scholarship which would allow the student to attend another public school or nonpublic special purpose school.

  3. If the parent or legal guardian chooses the nonpublic school option and the student is accepted by the nonpublic school pending the availability of a space for the student, the parent or legal guardian of the student must notify the department thirty (30) days before the first scholarship payment and before entering the nonpublic school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic school.
  4. The parent or legal guardian of a student may choose, as an alternative, to enroll the student in and transport the student to a public school in an adjacent school district which has available space and has a program with dyslexia services that provide daily dyslexia therapy sessions delivered by a department licensed dyslexia therapist, and that school district shall accept the student and report the student for purposes of the district’s funding under the Mississippi Adequate Education Program.

HISTORY: Laws, 2012, ch. 560, § 5; reenacted without change, Laws, 2016, ch. 429, § 5; Laws, 2017, ch. 425, § 4, eff from and after July 1, 2017.

Amendment Notes —

The 2016 amendment reenacted the section without change.

The 2017 amendment substituted “Grade 12” for “Grade 6” at the end of (1)(a).

Cross References —

Mississippi Adequate Education Program, see §37-151-1 et seq.

Federal Aspects—

Individuals with Disabilities Education Act (IDEA), see 20 USCS § 1400 et seq.

Section 504 of the Rehabilitation Act, see 29 USCS § 794.

§ 37-173-11. Parental obligations if applying for Mississippi Dyslexia Therapy Scholarship.

A parent or legal guardian who applies for a Mississippi Dyslexia Therapy Scholarship is exercising his or her parental option to place his or her child in a nonpublic school. Each participating parent or legal guardian and student shall adhere to the following:

The parent or legal guardian must select the nonpublic school and apply for the admission of his or her child;

The parent or legal guardian must have requested the scholarship at least thirty (30) days before the date of the first scholarship payment;

Any student participating in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program must remain in attendance throughout the school year unless excused by the school for illness or other good cause; and

Each parent or legal guardian and each student has an obligation to the nonpublic special purpose school to comply with the nonpublic special purpose school’s published policies.

HISTORY: Laws, 2012, ch. 560, § 6; reenacted without change, Laws, 2016, ch. 429, § 6, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-13. Maximum scholarship; report by nonpublic schools; disbursement of payments to nonpublic schools.

  1. The maximum scholarship granted per eligible student with dyslexia shall be an amount equivalent to the Mississippi Adequate Education Program base student cost.
    1. The nonpublic school under this program shall report to the Mississippi Department of Education the number of students with dyslexia who are enrolled in nonpublic schools on the Mississippi Dyslexia Therapy Scholarships as of September 30 of each year in order to determine funding for the subsequent year. Funds may not be transferred from any funding provided to the Mississippi School for the Deaf and the Blind for program participants who are eligible under Section 37-173-5.
    2. The Mississippi Department of Education will disburse payments to nonpublic schools under this program in twelve (12) substantially equal installments. The initial payment shall be made after department verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the nonpublic school.

HISTORY: Laws, 2012, ch. 560, § 7; reenacted without change, Laws, 2016, ch. 429, § 7, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

Cross References —

Determination of Mississippi Adequate Education Program base student cost, see §37-151-7.

§ 37-173-15. Screening of all compulsory-school-age children enrolled in public school for dyslexia; subsequent dyslexia evaluations.

    1. Each local school district shall adopt a policy to ensure that students will be screened by a screener approved by the State Board of Education in the spring of kindergarten and the fall of Grade 1. The component of the screening must include:
      1. Phonological awareness and phonemic awareness;
      2. Sound symbol recognition;
      3. Alphabet knowledge;
      4. Decoding skills;
      5. Encoding skills; and
      6. Rapid naming.
    2. If a student fails the screener, the parent or legal guardian will be notified of the results of the screener. Subsequent dyslexia evaluations may be administered by licensed professionals, including:
      1. Psychologists, licensed under Chapter 31, Title 73, Mississippi Code of 1972;
      2. Psychometrists, licensed by the Mississippi Department of Education, and in accordance with Chapter 31, Title 73, Section 27, Mississippi Code of 1972; or
      3. Speech Language Pathologists, licensed under Chapter 38, Title 73, Mississippi Code of 1972.
    3. If a student fails the screener, the school district, in its discretion, may perform a comprehensive dyslexia evaluation, such evaluation must be administered by any of the licensed professionals identified under paragraph (b) of this subsection.
    4. If a parent or legal guardian of a student who fails the dyslexia screener exercises the option to have a subsequent evaluation performed, such evaluation shall be administered by any of the licensed professionals identified under paragraph (b) of this subsection, and the resulting diagnosis of the subsequent evaluation must be accepted by the school district for purposes of determining eligibility for placement within a dyslexia therapy program within the current school or to receive a Mississippi Dyslexia Therapy Scholarship for placement in a dyslexia program in another public school or nonpublic school.
  2. The screening of all compulsory-school-age children enrolled in each local public school district for dyslexia required by subsection (1)(a) of this section shall in no manner nullify or defeat the requirements of the pilot programs adopted by the State Department of Education to test certain students enrolled or enrolling in public schools for dyslexia under Section 37-23-15.

HISTORY: Laws, 2012, ch. 560, § 8; Laws, 2016, ch. 429, § 8; Laws, 2017, ch. 425, § 5, eff from and after July 1, 2017.

Amendment Notes —

The 2016 amendment added “and in accordance…Mississippi Code of 1972” near the end of (1)(b)(ii).

The 2017 amendment inserted “by a screener approved by the State Board of Education” in the first sentence of (1)(a); and deleted “special purpose” preceding “school” at the end of (1)(d).

§ 37-173-17. Eligibility requirements for nonpublic schools to participate in scholarship program.

  1. To be eligible to participate in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program, a nonpublic school must:
    1. Be a state accredited special purpose school;
    2. Provide to the department all documentation required for a student’s participation, including the nonpublic school’s and student’s fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student.
    3. Be academically accountable to the parent or legal guardian for meeting the educational needs of the student by, at a minimum, annually providing to the parent or legal guardian a written explanation of the student’s progress.
    4. Maintain in this state a physical location where a scholarship student regularly attends classes.
  2. The inability of a nonpublic school to meet the requirements of this subsection shall constitute a basis for the ineligibility of the nonpublic school to participate in the scholarship program as determined by the department.

HISTORY: Laws, 2012, ch. 560, § 9; reenacted without change, Laws, 2016, ch. 429, § 9, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-19. Publication of information regarding Mississippi Dyslexia Therapy Scholarship; annual reports.

  1. The department shall publicize information regarding the Mississippi Dyslexia Therapy Scholarship on the department’s official website.
  2. Annually, by December 15, report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives the Department of Education’s actions with respect to implementing accountability in the scholarship program under this section, any substantiated allegations or violations of law or rule by an eligible nonpublic school under this program concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers’ fingerprinting results and the corrective action taken by the Department of Education.

HISTORY: Laws, 2012, ch. 560, § 10; reenacted without change, Laws, 2016, ch. 429, § 10, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

Cross References —

State agencies and public officials providing information about the agency or office to the public on a website are required to regularly review and update that information, see §25-1-117.

§ 37-173-21. Administrative and instructional personnel qualifications.

  1. The State Board of Education in conjunction with each nonpublic school and local school board operating under the provisions of this chapter, may:
    1. Extend the school day or length of the scholastic year;
    2. Develop and establish a curriculum that is consistent with the Mississippi Curriculum Framework in the subject areas of mathematics, social studies, science, music, art and physical education; and
    3. Select, purchase and use textbooks, literature and other instructional materials that would improve educational attainment by students in the school, subject to the approval of the board.
  2. The qualified personnel to facilitate the educational process of learning and instruction for children with dyslexia who attend the schools shall consist of the following:
    1. An administrator or director with additional training in the characteristics of dyslexia;
    2. A dyslexia therapist licensed by the department in dyslexia therapy;
    3. Dyslexia therapists in training participating in a department approved dyslexia therapy graduate internship program; and
    4. Licensed elementary teachers under the supervision of a state department licensed dyslexia therapist.

HISTORY: Laws, 2012, ch. 560, § 11; reenacted without change, Laws, 2016, ch. 429, § 11, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-23. Criminal background checks and fingerprinting of school personnel.

Teachers and other school personnel shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools under Section 37-9-17(2) and (3).

HISTORY: Laws, 2012, ch. 560, § 12; reenacted without change, Laws, 2016, ch. 429, § 12, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-25. Payment of federal and state aid program monies to participating schools; audit and budget submission requirements.

  1. Each school providing instruction to children with dyslexia shall certify to the State Department of Education its student enrollment in the same manner as local school districts.
  2. The department shall direct the proportionate share of monies generated under federal and state categorical aid programs to the participating school for serving students eligible for the aid. The state shall ensure that each school is treated equitably in the calculation and disbursement of all federal and state categorical aid program dollars. Each school participating in the scholarship program shall comply with all reporting requirements to receive the aid.
    1. Each school shall adhere to generally accepted accounting principles as promulgated by nationally recognized professional organizations.
    2. Each school shall have its financial records audited annually, at the end of each fiscal year, by the State Auditor and shall file a copy of each audit report and accompanying management letter with the board by July 30.
  4. Nothing in this chapter shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of any school authorized under this chapter, except religious or sectarian organizations. The State Board of Education, acting on behalf of the participating schools, is authorized to accept gifts, donations, and grants of any kind made to a participating school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of state law or board rule.

HISTORY: Laws, 2012, ch. 560, § 13; reenacted without change, Laws, 2016, ch. 429, § 13, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-27. Liability for award or use of Mississippi Dyslexia Therapy Scholarship.

No liability shall arise on the part of the state based on the award or use of a Mississippi Dyslexia Therapy Scholarship.

HISTORY: Laws, 2012, ch. 560, § 14; reenacted without change, Laws, 2016, ch. 429, § 14, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-29. No expansion of regulatory authority of state over nonpublic schools beyond what is necessary to enforce this chapter.

The inclusion of eligible nonpublic schools within options available to Mississippi public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce requirements expressly set forth in this chapter.

HISTORY: Laws, 2012, ch. 560, § 15; reenacted without change, Laws, 2016, ch. 429, § 15, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The reference “this chapter” was substituted for “this section” at the end. The Joint Committee ratified the correction at its August 16, 2012, meeting.

Amendment Notes —

The 2016 amendment reenacted the section without change.

§ 37-173-31. Repealed.

Repealed by Laws of 2016, ch. 429, § 16, effective July 1, 2016.

§37-173-31. [Laws, 2012, ch. 560, § 16, eff from and after July 1, 2012.]

Editor’s Notes —

Former §37-173-31 was the repealer for §§37-173-1 through37-173-29.

Chapter 175. Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program

§ 37-175-1. Definitions.

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

“Board” means the State Board of Education.

“Department” means the State Department of Education.

“Speech-language impairment,” as defined under IDEA, means a communication disorder, such as stuttering, impaired articulation, a language impairment or a voice impairment, that adversely affects a child’s educational performance, which include:

Articulation disorders: difficulties producing sounds in syllables or saying words incorrectly to the point that listeners cannot understand what is being said;

Fluency disorders: problems in which the flow of speech is interrupted by abnormal stoppages, repetitions, prolonged sounds and syllables or avoided, and where there may be silent blocks or inappropriate inhalation, exhalation or phonation patterns;

Resonance or voice disorders: problems with abnormal pitch, volume, resonance or quality of the voice, which may also cause pain or discomfort when speaking;

Receptive language disorders: difficulties understanding or processing language; and

Expressive language disorders: difficulty putting words together, limited vocabulary or inability to use language in a socially appropriate manner.

“Speech-language therapy” means an appropriate specialized speech-language instructional program that is delivered by a speech-language pathologist which is scientific and research-based. These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, individualized to meet the specific learning needs of each individual student.

“Speech-language pathologist” means a professional who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association, or who has completed training in a department approved American Speech-Language-Hearing Association based speech-language pathology training program attaining a AA license in speech-language pathology.

“Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program” means a scholarship to provide the option to provide a scholarship to a nonpublic school of choice, for students in kindergarten through Grade 6 or its equivalent with an eligibility ruling of a speech-language impairment in order to receive comprehensive multimodality speech-language therapy delivered by holders of an appropriate license and clinical certification in speech-language pathology issued by the department and the American Speech-Language-Hearing Association.

“School” means any state accredited nonpublic special purpose school that is organized to provide and emphasizes instruction in speech-language therapy and intervention as the primary purpose of the school and provides a specific learning environment that provides comprehensive speech-language therapy instruction delivered by speech-language pathologists licensed by the department providing highly qualified education and intervention services to children with a primary eligibility ruling of speech-language impairment.

HISTORY: Laws, 2013, ch. 564, § 1, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (g). The word “impariment” was changed to “impairment.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Federal Aspects—

Individuals with Disabilities Education Act (IDEA), see 20 USCS §§ 1400 et seq.

§ 37-175-3. Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program established.

The Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program, which may also be cited as the Nate Rogers Scholarship for Students with Disabilities Program, is established to provide a scholarship to a nonpublic school of choice, for students with an eligibility ruling of a speech-language impairment. Students in kindergarten through Grade 6 or its equivalent who have been properly evaluated and received an eligibility ruling of speech-language impairment shall be eligible to receive scholarship assistance under this program.

HISTORY: Laws, 2013, ch. 564, § 2, eff from and after July 1, 2013.

§ 37-175-5. Option to remove child from public school to enroll in nonpublic school with specific instruction for students with speech-language impairment.

  1. Parents or legal guardians may exercise the option to remove their child from a traditional public school setting to be enrolled in a nonpublic school which meets the standards for appropriate specific instruction designed to meet the unique learning needs of young students with a speech-language impairment. The objectives of such school shall be:
    1. To emphasize the importance of early intervention; and
    2. To provide intensive high-quality speech-language pathology services.
  2. The parent or legal guardian of a public school student with a speech-language impairment may request and receive from the state a Mississippi Speech-Language Therapy Scholarship for the child to enroll in and attend a nonpublic school in accordance with this section if:
    1. The student has spent the previous school year in attendance at a Mississippi public school or any other state accredited nonpublic special purpose school in the state that is organized to provide and emphasizes instruction in speech-language therapy and intervention as the primary purpose of the school; or
    2. The parent or legal guardian has obtained acceptance for admission of the student to a nonpublic school that is eligible for the program under Section 37-175-19 and has requested from the department a scholarship within thirty (30) days before the date of the first scholarship payment. The request must be through a communication directly to the department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The State Department of Education must notify the district of the parent’s or legal guardian’s intent upon receipt of the parent’s or legal guardian’s request.

HISTORY: Laws, 2013, ch. 564, § 3, eff from and after July 1, 2013.

§ 37-175-7. Eligibility for and duration of scholarship.

  1. A student is not eligible for a Mississippi Speech-Language Therapy Scholarship while he or she is:
    1. Enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs;
    2. Participating in a home-school education program;
    3. Participating in a virtual school, correspondence school, or distance learning program that receives state funding under the student’s participation unless the participation is limited to no more than two (2) courses per school year;
    4. Not having regular and direct contact with his or her private school teachers at the school’s physical location.
    1. For purposes of continuity of educational choice, a Mississippi Speech-Language Therapy Scholarship shall remain in force until the student returns to a public school or completes Grade 6 or its equivalent, whichever occurs first.
    2. Upon reasonable notice to the department and the school district, the student’s parent or legal guardian may remove the student from the nonpublic school and place the student in a public school in accordance with this section.

HISTORY: Laws, 2013, ch. 564, § 4, eff from and after July 1, 2013.

§ 37-175-9. Initial determination of qualifying eligibility ruling of speech-language impairment; public, nonpublic school options.

  1. Each local school district shall make an initial determination of whether a student has an eligibility ruling of speech-language impairment that qualifies under the Individuals with Disabilities Education Act (IDEA) to receive services and funding under the provisions of the IDEA before proceeding to the development of a plan for each speech-language impaired student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-150.

    Furthermore, these provisions do not prohibit a parent or legal guardian of a student who has an eligibility ruling of speech-language impairment, at any time, from choosing the option of a Mississippi Speech-Language Therapy Scholarship which would allow the student to attend another nonpublic special purpose school.

  2. If the parent or legal guardian chooses the nonpublic school option and the student is accepted by the nonpublic school pending the availability of a space for the student, the parent or legal guardian of the student must notify the department thirty (30) days before the first scholarship payment and before entering the nonpublic school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic school.

HISTORY: Laws, 2013, ch. 564, § 5, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in a statutory reference in subsection (1). The reference to “Sections 37-23-1 through 37-23-157” was changed to “Sections 37-23-1 through 37-23-150.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Federal Aspects—

Individuals with Disabilities Education Act (IDEA), see 20 USCS §§ 1400 et seq.

§ 37-175-11. Parental, guardian and student obligations if applying for Mississippi Speech-Language Therapy Scholarship.

A parent or legal guardian who applies for a Mississippi Speech-Language Therapy Scholarship is exercising his or her parental option to place his or her child in a nonpublic school. Each participating parent or legal guardian and student shall adhere to the following:

The parent or legal guardian must select the nonpublic school and apply for the admission of his or her child;

The parent or legal guardian must have requested the scholarship at least thirty (30) days before the date of the first scholarship payment;

Any student participating in the Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program must remain in attendance throughout the school year unless excused by the school for illness or other good cause; and

Each parent or legal guardian and each student has an obligation to the nonpublic special purpose school to comply with the nonpublic special purpose school’s published policies.

HISTORY: Laws, 2013, ch. 564, § 6, eff from and after July 1, 2013.

§ 37-175-13. State Department of Education duties regarding administration of program; determination of funding; transportation of students.

  1. The maximum scholarship granted per eligible student with speech-language impairment shall be an amount equivalent to the Mississippi Adequate Education Program base student cost.
    1. Any nonpublic school under this program shall report to the State Department of Education the number of students with speech-language impairment who are enrolled in nonpublic schools on the Mississippi Speech-Language Therapy Scholarships as of September 30 of each year in order to determine funding for the subsequent year. Funds may not be transferred from any funding provided to the Mississippi School for the Deaf and the Blind for program participants who are eligible under Section 37-175-5.
    2. The State Department of Education shall make payments to nonpublic schools for each student at the nonpublic school equal to the state share of the adequate education program payments for each student in average daily attendance at the school district from which the student transferred. In calculating the local contribution for purposes of determining the state share of the adequate education program payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-7(2)(a).
    3. Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as adequate education program payments are made to school districts under Sections 37-151-101 and 37-151-103. Amounts payable to a nonpublic school must be determined by the State Department of Education.
  3. If the parent opts to remove a child from a public school to a nonpublic special purpose school and to receive a scholarship under this chapter, then transportation shall be provided at the parent’s or guardian’s expense.

HISTORY: Laws, 2013, ch. 564, § 7, eff from and after July 1, 2013.

Cross References —

Determination of Mississippi Adequate Education Program base student cost, see §37-151-7.

§ 37-175-15. Screening of students for speech, language, voice and fluency disorders.

  1. Each local school district shall adopt a policy to ensure that students will be screened for speech, language, voice and fluency disorders before the end of Grade 1.
  2. If a student fails the screener, the parent or legal guardian will be notified of the results of the screener.
  3. If a student fails the screener, the school district, in its discretion, may perform a comprehensive speech-language evaluation.
  4. If a parent or a legal guardian of a student who fails the speech-language screener exercises the option to have a subsequent evaluation performed, such evaluation shall be administered by a speech-language pathologist. The subsequent evaluation obtained by the parents shall be considered by the school district for eligibility in the area of speech-language in accordance with the procedures mandated by the federal Individuals with Disabilities Education Act (IDEA) for a placement in a speech-language program within the current school or to receive a Mississippi speech-language therapy scholarship for placement in a speech-language program in a nonpublic special purpose school. A parent or legal guardian may provide written notification to the local school district opting out of the mandatory screening provided by the district. The provisions of this section shall not apply to homeschooled students.

HISTORY: Laws, 2013, ch. 564, § 8, eff from and after July 1, 2013.

Federal Aspects—

Individuals with Disabilities Education Act (IDEA), see 20 USCS §§ 1400 et seq.

§ 37-175-17. Eligibility requirements for nonpublic schools to participate in scholarship program.

  1. To be eligible to participate in the Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program, a nonpublic school must:
    1. Be a state accredited nonpublic special purpose school in the state that is organized to provide and emphasizes instruction in speech-language therapy and intervention as the primary purpose of the school;
    2. Provide to the department all documentation required for a student’s participation, including the nonpublic school’s and student’s fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student;
    3. Be academically accountable to the parent or legal guardian for meeting the educational needs of the student by, at a minimum, annually providing to the parent or legal guardian a written explanation of the student’s progress;
    4. Maintain in this state a physical location where a scholarship student regularly attends classes.
  2. The inability of a nonpublic school to meet the requirements of this subsection shall constitute a basis for the ineligibility of the nonpublic school to participate in the scholarship program as determined by the department.

HISTORY: Laws, 2013, ch. 564, § 9, eff from and after July 1, 2013.

§ 37-175-19. Publication of information regarding Mississippi Speech-Language Therapy Scholarship; annual reports.

  1. The department shall publicize information regarding the Mississippi Speech-Language Therapy Scholarship on the department’s official website.
  2. The department shall annually, by December 15, report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives the department’s actions with respect to implementing accountability in the scholarship program under this section, any substantiated allegations or violations of law or rule by an eligible nonpublic school under this program concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers’ fingerprinting results and the corrective action taken by the department.

HISTORY: Laws, 2013, ch. 564, § 10, eff from and after July 1, 2013.

§ 37-175-21. Length of school day and scholastic year; development of curriculum; purchase of instructional material; qualifications of personnel providing speech-language services.

  1. The State Board of Education in conjunction with each nonpublic school operating under the provisions of this chapter, may:
    1. Extend the school day or length of the scholastic year;
    2. Develop and establish a curriculum that is consistent with the Mississippi Curriculum Framework in the subject areas of mathematics, social studies, science, music, art and physical education; and
    3. Select, purchase and use textbooks, literature and other instructional materials that would improve educational attainment by students in the school, subject to the approval of the board.
  2. The qualified personnel to provide speech-language services for children with speech-language impairment who attend the nonpublic special purpose schools shall consist of speech-language pathologists.

HISTORY: Laws, 2013, ch. 564, § 11, eff from and after July 1, 2013.

§ 37-175-23. Criminal history record checks and fingerprinting of school personnel.

Teachers and other school personnel shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools under Section 37-9-17(2) and (3).

HISTORY: Laws, 2013, ch. 564, § 12, eff from and after July 1, 2013.

§ 37-175-25. Equitable calculation and disbursement of state categorical aid program dollars; audit and budget submission requirements.

  1. Each school providing instruction to children with speech-language impairment shall certify to the State Department of Education its student enrollment in the same manner as local school districts.
  2. The state shall ensure that each school is treated equitably in the calculation and disbursement of all state categorical aid program dollars. Each school participating in the scholarship program shall comply with all reporting requirements to receive the aid.
    1. Each nonpublic school shall adhere to generally accepted accounting principles as promulgated by nationally recognized professional organizations.
    2. Each school shall have its financial records audited annually, at the end of each fiscal year, by the State Auditor and shall file a copy of each audit report and accompanying management letter with the board by July 30.
  4. Nothing in this chapter shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of any school authorized under this chapter, except religious or sectarian organizations. The State Board of Education, acting on behalf of the participating schools, is authorized to accept gifts, donations, and grants of any kind made to a participating school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of federal law, state law or board rule.

HISTORY: Laws, 2013, ch. 564, § 13, eff from and after July 1, 2013.

§ 37-175-27. Liability for award or use of Mississippi Speech-Language Therapy Scholarship.

No liability shall arise on the part of the state based on the award or use of a Mississippi Speech-Language Therapy Scholarship.

HISTORY: Laws, 2013, ch. 564, § 14, eff from and after July 1, 2013.

§ 37-175-29. No expansion of regulatory authority of state over nonpublic schools beyond what is necessary to enforce this chapter.

The inclusion of eligible nonpublic schools within options available to Mississippi public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce requirements expressly set forth in this chapter.

HISTORY: Laws, 2013, ch. 564, § 15, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error. The phrase “set forth in this section” was changed to “set forth in this chapter” at the end of the section. The Joint Committee ratified the correction at its August 1, 2013, meeting.

Chapter 177. Literacy-Based Promotion Act

§ 37-177-1. Literacy-based Promotion Act established; purpose; determination of a reading deficiency in students in grades K through 3.

  1. There is established an act prohibiting social promotion to be known as the “Literacy-Based Promotion Act,” the purpose of which is to improve the reading skills of Kindergarten and First- through Third-Grade students enrolled in the public schools so that every student completing the Third Grade is able to read at or above grade level. It is the intent of the Legislature, in establishing this act, to ensure that: each Kindergarten and First- through Third-Grade student’s progression is determined, in part, upon the student’s proficiency in reading; the policies of local school boards facilitate this proficiency; and each student and the student’s parent or legal guardian is informed of the student’s academic progress.
  2. Each public school student who exhibits a substantial deficiency in reading at any time, as demonstrated through performance on a reading screener approved or developed by the State Department of Education or through locally determined assessments and teacher observations conducted in Kindergarten and Grades 1 through 3 or through statewide end-of-year assessments or approved alternate yearly assessments in Grade 3, must be given intensive reading instruction and intervention immediately following the identification of the reading deficiency. The intensive reading instruction and intervention must be documented for each student in an individual reading plan, which includes, at a minimum, the following:
    1. The student’s specific, diagnosed reading skill deficiencies as determined (or identified) by diagnostic assessment data;
    2. The goals and benchmarks for growth;
    3. How progress will be monitored and evaluated;
    4. The type of additional instructional services and interventions the student will receive;
    5. The research-based reading instructional programming the teacher will use to provide reading instruction, addressing the areas of phonemic awareness, phonics, fluency, vocabulary and comprehension;
    6. The strategies the student’s parent is encouraged to use in assisting the student to achieve reading competency; and
    7. Any additional services the teacher deems available and appropriate to accelerate the student’s reading skill development.
  3. The universal reading screener or locally determined reading assessment may be given in the first thirty (30) days of the school year and repeated if indicated at midyear and at the end of the school year to determine student progression in reading in Kindergarten through Third Grade. If it is determined that the student continues to have a reading deficiency, the student must be provided with continued intensive reading instruction and intervention by the school district until the reading deficiency is remedied. A student exhibiting continued reading deficiency with continued intensive interventions should be considered for exceptional criteria evaluation.
  4. A Kindergarten or First-, Second- or Third-Grade student identified with a deficiency in reading must be provided intensive interventions in reading to ameliorate the student’s specific reading deficiency, as identified by a valid and reliable diagnostic assessment. The intensive intervention must include effective instructional strategies, and appropriate teaching methodologies necessary to assist the student in becoming a successful reader, able to read at or above grade level, and ready for promotion to the next grade. A Kindergarten, First-, Second- or Third-Grade student identified with a reading deficiency or not promoted may be placed in a transition class.

HISTORY: Laws, 2013, ch. 495, § 1; Laws, 2016, ch. 451, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment hyphenated “First,” “Second” and “Third Grade” throughout; and in (2), added the last sentence of the introductory paragraph, and added (a) through (g).

§ 37-177-3. Written notification to parent or guardian of determination of reading deficiency; contents of notification.

Immediately upon the determination of a reading deficiency, and subsequently with each quarterly progress report until the deficiency is remediated, the parent or legal guardian of a Kindergarten or First-, Second- or Third-Grade student who exhibits a substantial deficiency in reading must be notified in writing by the student’s teacher of the following:

That the student has been identified as having a substantial deficiency in reading;

A description of the services that the school district currently is providing to the student;

A description of the proposed supplemental instructional services and supports that are designed to remediate the identified area of reading deficiency which the school district plans to provide the student, as outlined in the student’s individual reading plan;

That if the student’s reading deficiency is not remediated before the end of the student’s Third-Grade year, the student will not be promoted to Fourth Grade unless a good cause exemption specified under Section 37-177-11 is met;

Strategies for parents and guardians to use in helping the student to succeed in reading proficiency; and

That while the state annual accountability assessment for reading in Third Grade is the initial determinant, it is not the sole determiner of promotion and that approved alternative standardized assessments are available to assist the school district in knowing when a child is reading at or above grade level and ready for promotion to the next grade.

HISTORY: Laws, 2013, ch. 495, § 2; Laws, 2016, ch. 451, § 2, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment hyphenated “First,” “Second” and “Third Grade” throughout; and added “as outlined in the student’s individual reading plan” at the end of (c).

§ 37-177-5. Establishment of Mississippi Reading Panel; purpose; composition.

The State Department of Education shall establish a Mississippi Reading Panel to collaborate with the State Department of Education in recommending appropriate equitable alternative standardized assessments and cut scores to be used to determine promotion to the Fourth Grade of those Third-Grade students who did not score at the required achievement level on the state annual accountability assessment, as outlined in Section 37-177-9, or who, for unforeseen circumstances, were unable to take the assessment. The panel should have knowledge and input in the adoption or development of a universal screener for required use only in select schools most in need for the reading intervention program to identify reading deficiencies and determine progress. A suggestive list of no less than four (4) screening assessments should be available to schools not selected for the critical reading intervention program taking into consideration those screening assessments already being used satisfactorily in Mississippi elementary schools. An approved alternative standardized reading assessment may be used in years when the state is transitioning to a new state annual accountability assessment. The panel shall consist of six (6) members as follows: the State Superintendent of Education, or his/her designee, who will chair the committee; the Chair of the House Education Committee, or his designee; the Chairman of the Senate Education Committee, or his designee; one (1) member appointed by the Governor; and two (2) additional members appointed by the State Superintendent of Education.

HISTORY: Laws, 2013, ch. 495, § 3; Laws, 2016, ch. 451, § 3, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the second and third sentences. The word “leading” was changed to “reading.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Amendment Notes —

The 2016 amendment, in the first sentence, hyphenated “Third Grade,” substituted “did not score at the required” for “scored at the lowest” and inserted “as outlined in Section 37-177-9”; and substituted “used in years when the state is transitioning to a new state annual accountability assessment” for “used in 2014-2015 in the transition to common core standardization of testing” in the next-to-last sentence.

§ 37-177-7. Selection of schools for reading intervention program; supervisory position in each school responsible for implementation of reading intervention program; use of data coaches pilot programs in certain “C” level or low performing districts or schools.

The State Department of Education shall:

Select schools most in need for the reading intervention program and create criteria for selection for participation based on number and percentages of students scoring in the lowest two (2) achievement levels on state-adopted yearly reading assessments, screening results, and other relevant data;

Assign a supervisory position within each school to be responsible for the faithful implementation of the Reading Intervention Program; and

Subject to legislative appropriation, the Mississippi Department of Education shall conduct a program with willing “C” level or low-performing districts and/or schools. The program shall focus on the use of data coaches to improve reading and literacy, to determine the effectiveness of intense data-focused professional development, provide expert support in literacy and early reading instruction but it shall not necessarily be limited to literacy.Data coaches should be experts in both pedagogy and data analysis who facilitate professional learning community meetings, and provide observation and feedback, to help teachers and district leaders build skills in using data to inform instruction. Schools and districts selected by the department to participate in the program shall agree to involve the school and district leadership team as directed by the department. The Mississippi Department of Education is authorized to include pre-school programs it deems appropriate.The department is authorized to contract with a private sector provider to implement the program and work in partnership with four-year institutions of higher learning to develop and implement the program.

HISTORY: Laws, 2013, ch. 495, § 4; Laws, 2014, ch. 536, § 1; Laws, 2016, ch. 473, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (a). The word “leading” was changed to “reading.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (a) by substituting the word “reading” for “leading.” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Amendment Notes —

The 2014 amendment added (c), and made related stylistic changes.

The 2016 amendment, in (c), in the first sentence, substituted “Subject to legislative appropriation” for “Beginning with the 2014-2015 school year,” and deleted “pilot” preceding “program” and “in a geographically concise region” at the end, substituted “program” for “pilot” in the second sentence, added the fourth and fifth sentences, rewrote the former next-to-last sentence, which read: “The department is authorized to contract with a private sector provider to implement the pilot and work in partnership with a four-year institution of higher learning that has a center for literacy instruction to develop and implement the pilot,” and deleted the former last sentence, which read: “The department shall also work in consultation with the Reading Panel regarding the development and implementation of the pilot program.”

§ 37-177-9. Assignment of grade level based on student’s age or other social promotion prohibited; promotion to grade 4 prohibited unless reading deficiency remedied before end of grade 3.

A public school student may not be assigned a grade level based solely on the student’s age or any other factors that constitute social promotion.

Beginning in the 2014-2015 school year, if a student’s reading deficiency is not remedied by the end of the student’s Third-Grade year, as demonstrated by the student scoring at the lowest achievement level in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.

Beginning in the 2018-2019 school year, if a student’s reading deficiency is not remedied by the end of the student’s Third-Grade year, as demonstrated by the student scoring above the lowest two (2) achievement levels in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.

HISTORY: Laws, 2013, ch. 495, § 5; Laws, 2016, ch. 451, § 4, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment hyphenated “Third Grade” the first time it appears in the second paragraph; and added the last paragraph.

§ 37-177-11. Good cause exemption for promotion to grade 4 of student not meeting academic requirements.

  1. A Third-Grade student who does not meet the academic requirements for promotion to the Fourth Grade may be promoted by the school district only for good cause. Good cause exemptions for promotion are limited to the following students:
    1. Limited English proficient students who have had less than two (2) years of instruction in an English Language Learner program;
    2. Students with disabilities whose individual education plan (IEP) indicates that participation in the statewide accountability assessment program is not appropriate, as authorized under state law;
    3. Students with a disability who participate in the state annual accountability assessment and who have an IEP or a Section 504 plan that reflects that the individual student has received intensive remediation in reading for more than two (2) years but still demonstrates a deficiency in reading or previously was retained in Kindergarten or First, Second or Third Grade;
    4. Students who demonstrate an acceptable level of reading proficiency on an alternative standardized assessment approved by the State Board of Education; and
    5. Students who have received intensive intervention in reading for two (2) or more years but still demonstrate a deficiency in reading and who previously were retained in Kindergarten or First, Second or Third Grade for a total of two (2) years and have not met exceptional education criteria. A student who is promoted to Fourth Grade with a good cause exemption shall be provided an individual reading plan as described in Section 37-177-1(2), which outlines intensive reading instruction and intervention informed by specialized diagnostic information and delivered through specific reading strategies to meet the needs of each student so promoted. The school district shall assist schools and teachers in implementing reading strategies that research has shown to be successful in improving reading among students with persistent reading difficulties.
  2. A request for good cause exemptions for a Third-Grade student from the academic requirements established for promotion to Fourth Grade must be made consistent with the following:
    1. Documentation must be submitted from the student’s teacher to the school principal which indicates that the promotion of the student is appropriate and is based upon the student’s record. The documentation must consist of the good cause exemption being requested and must clearly prove that the student is covered by one (1) of the good cause exemptions listed in subsection (1)(a) through (e) of this section.
    2. The principal shall review and discuss the recommendations with the teacher and parents and make a determination as to whether or not the student should be promoted based on requirements set forth in this chapter. If the principal determines that the student should be promoted, based on the documentation provided, the principal must make the recommendation in writing to the school district superintendent, who, in writing, may accept or reject the principal’s recommendation. The parents of any student promoted may choose that the student be retained for one (1) year, even if the principal and district superintendent determines otherwise.

HISTORY: Laws, 2013, ch. 495, § 6; Laws, 2016, ch. 451, § 5, eff from and after July 1, 2016.

Amendment Notes —

The 2016 amendment, in (1), hyphenated “Third Grade” in the first sentence of the introductory paragraphs of (1) and (2); substituted “reading or previously” for “reading and previously” in (1)(c); and inserted “an individual reading plan as described in Section 37-177-1(2), which outlines” in the second sentence of (1)(e).

§ 37-177-13. Actions required of school districts for grade 3 students not promoted to grade 4.

Beginning in the 2014-2015 school year, each school district shall take the following actions for retained Third-Grade students:

Provide Third-Grade students who are not promoted with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, as outlined in the student’s individual reading plan, including a minimum of ninety (90) minutes during regular school hours of daily, scientifically research-based reading instruction that includes phonemic awareness, phonics, fluency, vocabulary and comprehension, and other strategies prescribed by the school district, which may include, but are not limited to:

Small group instruction;

Reduced teacher-student ratios;

Tutoring in scientifically research-based reading services in addition to the regular school day;

The option of transition classes;

Extended school day, week or year; and

Summer reading camps.

Provide written notification to the parent or legal guardian of any Third-Grade student who is retained that the student has not met the proficiency level required for promotion and the reasons the student is not eligible for a good cause exemption. The notification must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency, as outlined in the student’s individual reading plan. This notification must be provided to the parent or legal guardian in writing, in a format adopted by the State Board of Education in addition to report cards given by the teacher.

Provide Third-Grade students who are retained with a high-performing teacher, as determined by student performance data, particularly related to student growth in reading, above-satisfactory performance appraisals, and/or specific training relevant to implementation of this chapter.

Provide parents and legal guardians of Third-Grade students with a “Read at Home” plan outlined in a parental contract, including participation in regular parent-guided home reading.

HISTORY: Laws, 2013, ch. 495, § 7; Laws, 2016, ch. 451, § 6, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (a)(iii). The word “reasearch-based” was changed to “research-based.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Amendment Notes —

The 2016 amendment hyphenated “Third Grade students” throughout; and inserted “as outlined in the student’s individual reading plan” in the first sentence of (a) and in the second sentence of (b).

§ 37-177-15. Intensive acceleration class for certain students; purpose.

Each district may provide, where applicable, an intensive acceleration class for any student retained in Grade 3 who was previously retained in Kindergarten or Grades 1 through 3. The focus of the intensive acceleration class should be to increase a student’s reading level at least two (2) grade levels in one (1) school year. The intensive acceleration class should provide reading instruction and intervention for the majority of student contact each day and incorporate opportunities to master the Grade 4 state standards in other core academic areas.

HISTORY: Laws, 2013, ch. 495, § 8, eff from and after passage (approved April 17, 2013.).

§ 37-177-17. Annual report regarding student progression and student retention and promotion.

  1. Within thirty (30) days of final State Board of Education approval of state accountability results, the school board of each school district must publish, in a newspaper having a general circulation within the school district, and report to the State Board of Education and the Mississippi Reading Panel the following information relating to the preceding school year:
    1. The provisions of this chapter relating to public school student progression and the school district’s policies and procedures on student retention and promotion;
    2. By grade, the number and percentage of all students performing at each level of competency on the reading and math portion of the annual state accountability system and the number and percentage of students given an approved alternative standardized reading assessment and the percentage of these students performing at each competency level on said alternative standardized assessment;
    3. By grade, the number and percentage of all students retained in Kindergarten through Grade 8;
    4. Information on the total number and percentage of students who were promoted for good cause, by each category of good cause described in Section 37-177-11; and
    5. Any revisions to the school board’s policy on student retention and promotion from the prior school year.
  2. The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (1) of this section. The format must be developed with input from school boards and must be provided no later than ninety (90) days before the annual due date of the information. The department shall compile annually the required district information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives and general public.

HISTORY: Laws, 2013, ch. 495, § 9, eff from and after passage (approved April 17, 2013.).

§ 37-177-19. Implementation of chapter.

  1. The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this chapter.
  2. The State Department of Education shall provide such technical assistance and training of teachers/administrators as may be needed to aid local school districts in administering the provisions of this chapter.
  3. Each local school district must include provisions required by this chapter as an addition to the district’s published handbook of policy for employees and students beginning in school year 2013-2014.

HISTORY: Laws, 2013, ch. 495, § 10, eff from and after passage (approved April 17, 2013.).

§ 37-177-21. Certain components of provisions of this chapter subject to legislative appropriation.

The provisions of this chapter which include components necessary to provide for teacher training, instructional materials, remedial education training and administration of an intensive literacy curriculum shall be subject to legislative appropriation.

HISTORY: Laws, 2013, ch. 495, § 11, eff from and after passage (approved April. 17, 2013.).

Chapter 179. Districts of Innovation

§ 37-179-1. Creation of districts of innovation; purpose; definitions; administrative rules and regulations.

  1. For purposes of this chapter, the following terms shall have the meaning ascribed herein, unless the context clearly indicates otherwise:
    1. “District of innovation” means a district that has developed a plan of innovation in compliance with this section and has been approved by the State Board of Education to be exempted from certain administrative regulations and statutory provisions to improve the educational performance of students within the district;
    2. “Innovation” means a new or creative alternative to existing instructional and administrative practices intended to improve student learning and student performance of all students;
    3. “School of innovation” means a school that voluntarily participates in a district of innovation plan to improve instruction, including waivers and exemptions from local school board policies, selected provisions of rules and regulations promulgated by the State Board of Education, and selected sections of the Mississippi Code of 1972, as permitted under this section and Section 37-179-3;
    4. “Board” means the State Board of Education;
    5. “Department” means the State Department of Education.
  2. The State Board of Education is authorized to approve districts of innovation for the purposes of improving students’ educational performance. Districts of innovation shall be provided flexibility from selected board regulations, Title 37, Mississippi Code of 1972, and local school board policies for school administrators, teachers and staff to meet the diverse needs of students. The initial approval of a district of innovation shall be for a five-year period. Each renewal of a district of innovation shall not exceed five (5) years and shall comply with administrative regulations promulgated by the board pursuant to subsection (4) of this section.
  3. The board shall promulgate administrative rules and regulations to prescribe the conditions and procedures to be used by a local school board to be approved as a district of innovation and shall publish the same on or before December 31, 2015.
  4. Administrative rules and regulations promulgated by the board under subsection (3) of this section shall specify:
    1. The regulatory areas which may be exempted or modified if approved by the board, except as provided in Section 37-179-3(2), and in addition to those areas identified in Section 37-179-3(3);
    2. The application, plan review, approval and amendment process for a district;
    3. Timelines for initial approval as a district of innovation, the renewal process and ongoing evaluative procedures required of the district;
    4. Acceptable documentation of a critical mass of parental, community, educator and business support and capacity to effect a change;
    5. Evidence of teacher collaboration and shared leadership within the district and the schools to be designated as schools of innovation;
    6. The process of revocation of the designation of district of innovation or school of innovation;
    7. Reporting and oversight responsibilities of the district and the State Department of Education;
    8. The financial detail relating to budgets of schools and evidence of sound fiscal management practices;
    9. Acceptable areas of emphasis for innovation;
    10. Acceptable documentation of job-embedded professional development within the proposed innovation design; and
    11. Other components deemed necessary to implement this section and Section 37-179-3.

HISTORY: Laws, 2015, ch. 425, § 1, eff from and after July 1, 2015.

§ 37-179-3. Responsibilities of districts applying to be designated as districts of innovation; requirements of districts and all schools participating in a district’s innovation plan.

  1. A district which is an applicant to be designated as a district of innovation under Section 37-179-1 shall:
    1. Establish goals and performance targets for the district of innovation proposal, which may include:
      1. Reducing achievement gaps among groups of public school students by expanding learning experiences for students who are identified as academically low-achieving;
      2. Increasing pupil learning through the implementation of high, rigorous standards for pupil performance;
      3. Increasing the participation of students in various curriculum components and instructional components within selected schools to enhance at each grade level;
      4. Increasing the number of students who are college and career-ready;
      5. Motivating students at different grade levels by offering more curriculum choices and student learning opportunities to parents and students within the district;
    2. Identify changes needed in the district and schools to lead to better prepared students for success in life and work;
    3. Have a districtwide plan of innovation that describes and justifies which schools and innovative practices will be incorporated;
    4. Provide documentation of community, educator, parental, and the local board’s support of the proposed innovations;
    5. Provide detailed information regarding the rationale of requests for waivers from Title 37, Mississippi Code of 1972, which relate to the elementary and secondary education of public school students, and administrative regulations, and exemptions for selected schools regarding waivers of local school board policies;
    6. Document the fiscal and human resources the board will provide throughout the term of the implementation of the innovations within its plan; and
    7. Provide other materials as required by the department in compliance with the board’s administrative regulations and application procedures.
  2. The district and all schools participating in a district’s innovation plan shall:
    1. Ensure the same health, safety, civil rights, and disability rights requirements as are applied to all public schools;
    2. Ensure students meet compulsory attendance requirements under Sections 37-13-91 and 37-13-92;
    3. Ensure that high school course offerings meet or exceed the minimum required under Sections 37-16-7 and 37-3-49, for high school graduation or meet early graduation requirements that may be enacted by the Mississippi Legislature;
    4. Ensure the student performance standards meet or exceed those adopted by the State Board of Education as required by Sections 37-3-49, 37-16-3 and 37-17-6, including compliance with the statewide assessment system specified in Chapter 16, Title 37, Mississippi Code of 1972;
    5. Adhere to the same financial audits, audit procedures, and audit requirements as are applied under Section 7-7-211(e);
    6. Require state and criminal background checks for staff and volunteers as required of all public school employees and volunteers within the public schools and specified in Section 37-9-17;
    7. Comply with open records and open meeting requirements under Sections 25-41-1 et seq. and 25-61-1 et seq.;
    8. Comply with purchasing requirements and limitations under Chapter 39, Title 37, Mississippi Code of 1972;
    9. Provide overall instructional time that is equivalent to or greater than that required under Sections 37-1-11 and 37-13-67, but which may include on-site instruction, distance learning, online courses, and work-based learning on nontraditional school days or hours; and
    10. Provide data to the department as deemed necessary to generate school and district reports.
    1. Only schools that choose to be designated as schools of innovation shall be included in a district’s application;
    2. As used in this paragraph, “eligible employees” means employees that are regularly employed at the school and those employees whose primary job duties will be affected by the plan; and
    3. Notwithstanding the provisions of paragraph (a) of this subsection, a local school board may require a school that has been identified as a persistently low-achieving school under provisions of Section 37-17-6 to participate in the district’s plan of innovation.
  4. Notwithstanding any statutes to the contrary, the board may approve the requests of districts of innovation to:
    1. Use capital outlay funds for operational costs;
    2. Hire persons for classified positions in nontraditional school and district assignments who have bachelors and advanced degrees from postsecondary education institutions accredited by a regional accrediting association (Southern Association of Colleges and Schools) or by an organization affiliated with the National Commission on Accrediting;
    3. Employ teachers on extended employment contracts or extra duty contracts and compensate them on a salary schedule other than the single salary schedule;
    4. Extend the school days as is appropriate within the district with compensation for the employees as determined locally;
    5. Establish alternative education programs and services that are delivered in nontraditional hours and which may be jointly provided in cooperation with another school district or consortia of districts;
    6. Establish online classes within the district for delivering alternative classes in a blended environment to meet high school graduation requirements;
    7. Use a flexible school calendar;
    8. Convert existing schools into schools of innovation; and
    9. Modify the formula under Section 37-151-7 for distributing support education funds for students in average daily attendance in nontraditional programming time, including alternative programs and virtual programs. Funds granted to a district shall not exceed those that would have otherwise been distributed based on average daily attendance during regular instructional days.

HISTORY: Laws, 2015, ch. 425, § 2, eff from and after July 1, 2015.

Chapter 181. Equal Opportunity for Students with Special Needs Act

§ 37-181-1. Title [Repealed effective June 30, 2020].

This chapter shall be known and may be cited as “The Equal Opportunity for Students with Special Needs Act.”

HISTORY: Laws, 2015, ch. 441, § 1, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-3. Definitions [Repealed effective June 30, 2020].

The terms used in this chapter shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

“Program” means a five-year pilot program to implement the Education Scholarship Account (ESA) program created in this chapter.

“Eligible student” means any student who has had an active Individualized Education Program (IEP) within the past five (5) years.

“Parent” means a resident of this state who is a parent, legal guardian, custodian or other person with the authority to act on behalf of the eligible student.

“Department” means the State Department of Education.

“Home school district” means the public school district in which the student resides.

“Eligible school” means a nonpublic school that has enrolled a participating student. An eligible school must be accredited by a state or regional accrediting agency or possess a provisional letter of accreditation from a state or regional accrediting agency or be approved/licensed by the State Department of Education. An eligible school does not include a home instruction program under Section 37-13-91, Mississippi Code of 1972.

“Tutor” means a person who is certified or licensed by a state, regional, or national certification or licensing organization or who has earned a valid teacher’s license or who has experience teaching at an eligible postsecondary institution.

“Postsecondary institution” means a community college, college, or university accredited by a state, regional or national accrediting organization.

“Educational service provider” means an eligible school, tutor, or other person or organization that provides education-related services and products to participating students.

HISTORY: Laws, 2015, ch. 441, § 2; Laws, 2016, ch. 425, § 1, eff from and after July 1, 2016.

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

Amendment Notes —

The 2016 amendment substituted “five (5) years” for “eighteen (18) months” in (b).

§ 37-181-5. Parental obligations to qualify eligible student for program participation; use of Education Scholarship Account funds [Repealed effective June 30, 2020].

  1. An eligible student shall qualify to participate in the program if the parent signs an agreement promising:
    1. To provide an organized, appropriate educational program with measurable annual goals to their participating student and, to the extent reasonably deemed appropriate by the parent, to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science;
    2. To document their participating student’s disability at intervals and in a manner required under subsection (8) of this section;
    3. Not to enroll their participating student in a public school and to acknowledge as part of the agreement that the home school district has provided clear notice to the parent that the participating student has no individual entitlement to a free appropriate public education (FAPE) from their home school district, including special education and related services, for as long as the student is participating in the program;
    4. Not to file for their participating student a certificate of enrollment indicating participation in a home instruction program under Section 37-13-91, Mississippi Code of 1972; and
    5. Not to participate in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program or the Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program while participating in the ESA program.
  2. Parents shall use the funds deposited in a participating student’s ESA for any of the following qualifying expenses to educate the student using any of the below methods or combination of methods that meet the requirement in subsection (1)(a) of this section:
    1. Tuition and/or fees at an eligible school;
    2. Textbooks;
    3. Payment to a tutor;
    4. Payment for purchase of curriculum, including any supplemental materials required by the curriculum;
    5. Fees for transportation to and from an educational service provider paid to a fee-for-service transportation provider;
    6. Tuition and/or fees for online learning programs or courses;
    7. Fees for nationally standardized norm-referenced achievement tests, including alternate assessments; and fees for Advanced Placement examinations or similar courses and any examinations related to college or university admission;
    8. Educational services or therapies from a licensed or certified practitioner or provider, including licensed or certified paraprofessionals or educational aides;
    9. Services provided by a public school, including individual classes and extracurricular programs;
    10. Tuition and fees at a postsecondary institution;
    11. Textbooks related to coursework at a postsecondary institution;
    12. Surety bond payments if required by the department;
    13. No more than Fifty Dollars ($50.00) in annual consumable school supplies necessary for educational services and therapies, daily classroom activities, and tutoring;
    14. Computer hardware and software and other technological devices if an eligible school, licensed or certified tutor, licensed or certified educational service practitioner or provider, or licensed medical professional verifies in writing that these items are essential for the student to meet annual, measurable goals. Once a student is no longer eligible for the program, computer hardware and software and other technological devices purchased with ESA funds may be donated to a library or a nonprofit organization with expertise and training in working with parents to educate children with disabilities or a nonprofit organization with expertise and training in working with disabled adults.
  3. Neither a participating student, nor anyone on the student’s behalf, may receive cash or cash-equivalent items, such as gift cards or store credit, from any refunds or rebates from any provider of services or products in this program. Any refunds or rebates shall be credited directly to the participating student’s ESA. The funds in an ESA may only be used for education-related purposes. Eligible schools, postsecondary institutions and educational service providers that serve participating students shall provide parents with a receipt for all qualifying expenses.
  4. Payment for educational services through an ESA shall not preclude parents from paying for educational services using non-ESA funds.
  5. ESA funds may not be used to attend an eligible school that maintains its primary location in a state other than Mississippi unless that school is approved for the Educable Child Program; or unless the parent verifies in writing that their child cannot reasonably obtain appropriate special education and related services in Mississippi at a location within thirty (30) miles of their legal residence.
  6. For purposes of continuity of educational attainment, students who enroll in the program shall remain eligible to receive quarterly ESA payments until the participating student returns to a public school, completes high school, completes the school year in which the student reaches the age of twenty-one (21), or does not have eligibility verified by a parent as required under subsection (8) of this section, whichever occurs first.
  7. Any funds remaining in a student’s Education Scholarship Account upon completion of high school shall be returned to the state’s General Fund.
  8. Every three (3) years after initial enrollment in the program, a parent of a participating student, except a student diagnosed as being a person with a permanent disability, shall document that the student continues to be identified by the school district, a federal or state government agency, or a licensed physician or psychometrist as a child with a disability, as defined by the federal Individuals with Disabilities Education Act (20 USCS Section 1401(3)).
  9. A participating student shall be allowed to return to his home school district at any time after enrolling in the program, in compliance with regulations adopted by the department providing for the least disruptive process for doing so. Upon a participating student’s return to his home school district, that student’s Education Scholarship Account shall be closed and any remaining funds shall be returned to the state’s General Fund.
  10. The department shall begin accepting applications for the program on July 1, 2015.

HISTORY: Laws, 2015, ch. 441, § 3, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

Cross References —

Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program, see §37-173-1 et seq.

Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program, see §37-175-1 et seq.

§ 37-181-7. Funding of Education Scholarship Accounts; approval of eligible students for program participation to be on a phased-in basis [Repealed effective June 30, 2020].

  1. The ESA program created in this chapter shall be limited to five hundred (500) students in the school year 2015-2016, with new enrollment limited to five hundred (500) additional students each year thereafter. Subject to appropriation from the General Fund, each student’s ESA shall be funded at Six Thousand Five Hundred Dollars ($6,500.00) for school year 2015-2016. For each subsequent year, this amount shall increase or decrease by the same proportion as the base student cost under Section 37-151-7(1)(b) is increased or decreased.
  2. Subject to appropriation, eligible students shall be approved for participation in the program as follows:
    1. Until participation in the program reaches fifty percent (50%) of the annual enrollment limits in subsection (1) of this section, students shall be approved on a first-come, first-served basis, with applications being reviewed on a rolling basis;
    2. After participation reaches fifty percent (50%) of the annual enrollment limits in subsection (1) of this section, the department shall set annual application deadlines for the remaining number of available ESAs and begin to maintain a waiting list of eligible students. If the number of eligible students who apply for the program exceeds the remaining number of ESAs available, the department shall fill the available spaces using a random selection process that gives preference to students with an active Individualized Education Program (IEP); and
    3. Participating students who remain eligible for the program are automatically approved for participation for the following year and are not subject to the random selection process.
  3. No funds for an ESA may be expended from the Mississippi Adequate Education Program, nor shall any school district be required to provide funding for an ESA.

HISTORY: Laws, 2015, ch. 441, § 4, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-9. Responsibilities of department [Repealed effective June 30, 2020].

  1. The department shall create a standard form that parents of students submit to establish their student’s eligibility for an Education Scholarship Account. The department shall ensure that the application is readily available to interested families through various sources, including the department’s website and the copy of procedural safeguards annually given to parents.
  2. The department shall provide parents of participating students with a written explanation of the allowable uses of Education Scholarship Accounts, the responsibilities of parents and the duties of the department. This information shall also be made available on the department’s website.
  3. The department shall annually notify all students with an IEP of the existence of the program and shall ensure that lower-income families are made aware of their potential eligibility.
  4. The department may deduct an amount up to a limit of six percent (6%) from appropriations used to fund Education Scholarship Accounts to cover the costs of overseeing the funds and administering the program.
    1. The department shall make a determination of eligibility, and shall approve the application, within twenty-one (21) business days of receiving an application for participation in the program, subject to the provisions of Section 37-181-3(b).
    2. The department shall provide for a procedure that children with a ruling of hearing impairment or children suspected of a hearing loss shall receive a comprehensive educational assessment which may include the areas of cognitive development, language/speech, audiological and academic achievement from the state-funded Mississippi Assistance Center for Hearing Loss. Children with a ruling of visual impairment or children suspected of a visual impairment shall receive a comprehensive low vision evaluation from the state-funded Low Vision Clinic.
  6. The home school district shall provide the parent of a participating student with a complete copy of the student’s school records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 USCS Section 1232(g)). The record shall be provided no later than thirty (30) days after a parent signs an agreement to participate in the program.
  7. The State Board of Education may contract with a qualified nonprofit organization with expertise and training in working with parents to educate children with disabilities to administer the program.

HISTORY: Laws, 2015, ch. 441, § 5, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-11. Adoption of rules and policies for administration of program; development of system for payment of benefits; prevention of fraud [Repealed effective June 30, 2020].

  1. To ensure that funds are spent appropriately, the State Department of Education shall adopt rules and policies necessary for the administration of the program, including the auditing of Education Scholarship Accounts, and shall conduct or contract for random audits throughout the year.
    1. The department or qualified nonprofit shall develop a system for payment of benefits, including, but not limited to, allowing educational service providers to invoice the department or designated nonprofit for qualified expenses consistent with Section 37-181-5(2), or allowing parents to seek reimbursement for qualified expenses consistent with Section 37-181-5(2).
    2. The department or qualified nonprofit may make payments to educational service providers or reimbursement to parents via check or warrant or electronic funds transfer or any other means of payment deemed to be commercially viable or cost-effective.
    3. The department may also establish by rule that some payments to educational service providers will be made on a quarterly basis, rather than an annual basis, if the educational services will be rendered over an extended period of time.
  3. The department shall adopt a process for removing educational service providers that defraud parents and for referring cases of fraud to law enforcement.
  4. The department shall establish or contract for the establishment of an online anonymous fraud reporting service.
  5. The department shall establish or contract for the establishment of an anonymous telephone hotline for fraud reporting.

HISTORY: Laws, 2015, ch. 441, § 6, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-13. PEER to prepare biannual report on sufficiency of funds for Education Scholarship Accounts [Repealed effective June 30, 2020].

  1. The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall prepare a biannual report, beginning in 2018 and every two (2) years thereafter, assessing the sufficiency of funding for Education Scholarship Accounts and recommending any suggested changes in state law or policy necessary to improve the program.
  2. The report shall assess:
    1. The level of participating students’ satisfaction with the program;
    2. The level of parental satisfaction with the program;
    3. Student performance on nationally standardized norm-referenced achievement tests for those participating students whose parents have requested participation in such tests;
    4. Student performance on Advanced Placement examinations or similar courses and any examinations related to college or university admission;
    5. The high school graduation rates and college acceptance rates of participating students;
    6. The percentage of funds used for each qualifying expense identified in Section 37-181-5(2);
    7. The fiscal impact to the state and home school districts of the program, which must consider both the impact on revenue and the impact on expenses. Furthermore, the fiscal savings associated with students departing public schools must be explicitly quantified, even if the public school losing the student(s) does not reduce its spending accordingly.
  3. The report shall:
    1. Apply appropriate analytical and behavioral science methodologies to ensure public confidence in the study; and
    2. Protect the identity of participating students and schools by, among other things, keeping anonymous all disaggregated data.
  4. PEER may accept grants to assist in funding the study.
  5. PEER shall provide the Legislature with a final copy of the evaluation of the program before December 31, 2018. At the same time, the study shall also be placed in a prominent location on the PEER website.
  6. PEER must make its data and methodology available for public review while complying with the requirements of the Family Educational Rights and Privacy Act (20 USCS Section 1232(g)).

HISTORY: Laws, 2015, ch. 441, § 7, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-15. Obligations of schools to become and remain eligible [Repealed effective June 30, 2020].

To ensure that students are treated fairly and kept safe, all eligible schools shall:

Comply with the nondiscrimination policies set forth in 42 USCS 1981;

Prior to a participating student’s application for enrollment, provide parents with details of the school’s programs, qualifications, experience, and capacities to serve students with special needs;

Comply with all health and safety laws or codes that apply to nonpublic schools;

Hold a valid occupancy permit if required by their municipality;

Have no public record of fraud or malfeasance;

Offer participating students the option of taking a nationally standardized norm-referenced achievement test;

Conduct criminal background checks on employees. The eligible school then shall:

Exclude from employment any person not permitted by state law to work in a nonpublic school; and

Exclude from employment any person who might reasonably pose a threat to the safety of students.

HISTORY: Laws, 2015, ch. 441, § 8, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-17. Education Scholarship Account program does not expand state regulatory authority or impose additional regulation of schools participating in program [Repealed effective June 30, 2020].

  1. An eligible nonpublic school is autonomous and not an agent of the state or federal government and therefore:
    1. The State Department of Education or any other government agency shall not in any way regulate the educational program of a nonpublic school, postsecondary institution or educational service provider that accepts funds from the parent of a participating student;
    2. The creation of the Education Scholarship Account program does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools, postsecondary institutions or educational service providers beyond those necessary to enforce the requirements of the program; and
    3. Eligible schools, postsecondary institutions and educational service providers shall be given the maximum freedom to provide for the educational needs of their students without governmental control. No eligible school, postsecondary institution or educational service provider shall be required to alter its creed, practices, admission policies or curriculum in order to accept participating students.
  2. In any legal proceeding challenging the application of this chapter to an eligible school, postsecondary institution or educational service provider the state bears the burden of establishing that the law is necessary and does not impose any undue burden on the eligible school, postsecondary institution or educational service provider.

HISTORY: Laws, 2015, ch. 441, § 9, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-19. Sources of funding of Education Scholarship Accounts [Repealed effective June 30, 2020].

The State Department of Education may receive and expend contributions from any public or private source to fund ESAs for participating students.

HISTORY: Laws, 2015, ch. 441, § 10, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”

§ 37-181-21. Severability [Repealed effective June 30, 2020].

If any provision of this law or its application is held invalid, the invalidity does not affect other provisions or applications of this law which can be given effect without the invalid provision or application and to this end the provisions of this law are severable.

HISTORY: Laws, 2015, ch. 441, § 11, eff from and after passage (approved Apr. 16, 2015).

Editor’s Notes —

Section 12, Chapter 441, Laws of 2015, provides:

“SECTION 12. This act shall take effect and be in force from and after its passage [April 16, 2015] and shall stand repealed as of June 30, 2020.”