MISSISSIPPI LEGISLATURE By: Senator(s) Hewes

REGULAR SESSION 2011

To: Education; Appropriations

SENATE BILL NO. 2024

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AN ACT TO PROVIDE FOR THE REORGANIZATION OF ALL PUBLIC SCHOOL DISTRICTS IN THE STATE OF MISSISSIPPI INTO A SYSTEM WITH ONE COUNTYWIDE SCHOOL DISTRICT PER EACH COUNTY; TO ABOLISH OTHER TYPES OF SCHOOL DISTRICTS AND RECONSTITUTE COUNTYWIDE SCHOOL DISTRICTS AS IS NECESSARY TO EFFECT SAID REORGANIZATION; TO PROVIDE THAT THE TERRITORY OF ANY SCHOOL DISTRICT LOCATED IN TWO OR MORE COUNTIES SHALL BECOME ADDED TERRITORY TO THE COUNTY SCHOOL DISTRICT IN WHICH THE SCHOOL BUILDINGS ARE LOCATED; TO PROVIDE THAT COUNTIES WITH LESS THAN 3,000 POPULATION SHALL FORM A TWO-COUNTY SCHOOL DISTRICT WITH AN ADJOINING COUNTY, AND PROVIDE FOR A SPECIAL SCHOOL BOARD IN SUCH SITUATIONS; TO REQUIRE ALL SCHOOL BOARDS AFFECTED BY SAID REORGANIZATION TO FILE A TRANSITION PLAN WITH THE STATE BOARD OF EDUCATION ON JULY 1, 2012; TO AMEND SECTIONS 37-5-1, 37-5-7 AND 37-5-9, MISSISSIPPI CODE OF 1972, TO REQUIRE NEW COUNTY BOARD OF EDUCATION ELECTIONS IN ALL COUNTIES IN NOVEMBER 2012; TO REPEAL SECTION 37-5-3, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS RESIDENTS OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM QUALIFYING FOR THE COUNTY BOARD OF EDUCATION, AND SECTION 37-5-18, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ELECTION OF SCHOOL BOARD MEMBERS FROM SPECIAL DISTRICTS; TO REPEAL SECTIONS 37-7-103 THROUGH 37-7-115, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ABOLITION, ALTERATION OR CREATION OF SCHOOL DISTRICTS BY LOCAL SCHOOL GOVERNING BOARDS OR PETITION FILED BY THE ELECTORATE, AND SECTIONS 37-7-501 THROUGH 37-7-511, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE DISPOSITION OF PROPERTY ON DISSOLUTION OF A SCHOOL DISTRICT; TO REPEAL SECTIONS 37-7-201 THROUGH 37-7-229, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE SELECTION OF BOARDS OF TRUSTEES OF MUNICIPAL SEPARATE AND CONSOLIDATED SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-6-5 AND 37-6-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE TITLE OF PUBLIC SCHOOL DISTRICTS AND THE COMPOSITION OF SCHOOL BOARDS; TO AMEND SECTION 37-7-301, MISSISSIPPI CODE OF 1972, TO EMPOWER COUNTY BOARDS OF EDUCATION TO GOVERN REORGANIZED SCHOOL DISTRICTS, AND TO AMEND SECTIONS 37-6-3, 37-6-9, 37-6-11, 37-6-13, 37-6-15, 37-7-301, 37-7-303, 37-7-305, 37-7-307, 37-7-311, 37-7-315 THROUGH 37-7-323, 37-7-327, 37-7-329, 37-7-333, 37-7-401, 37-7-405, 37-7-409, 37-7-411, 37-7-431, 37-7-433, 37-7-435, 37-7-451, 37-7-455, 37-7-471, 37-7-475, 37-7-477, 37-7-479 AND 37-7-481, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-9-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SELECTION OF THE COUNTY SUPERINTENDENT OF EDUCATION BY THE COUNTY BOARD OF EDUCATION; TO AMEND SECTIONS 37-9-3, 37-9-14, 37-9-15, 37-9-17, 37-9-21 THROUGH 37-9-27, 37-9-33, 37-9-37 THROUGH 37-9-43, 37-9-49, 37-9-55 THROUGH 37-9-59, 37-9-70 AND 37-9-71, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE DUTIES OF THE COUNTY SUPERINTENDENT OF EDUCATION; TO REPEAL SECTIONS 37-5-61 THROUGH 37-5-71, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELECTIVE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION, AND SECTION 37-9-16, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE POWERS AND RESPONSIBILITIES OF ADMINISTRATIVE SUPERINTENDENTS; TO AMEND SECTIONS 37-15-2, 37-15-3, 37-15-4, 37-15-8, 37-15-13, 37-15-15, 37-15-17, 37-15-21 AND 37-15-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PERMANENT PUPIL RECORDS
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AND ASSIGNMENT OF PUPILS TO SCHOOLS BY THE NEWLY RECONSTITUTED SCHOOL BOARDS; TO AMEND SECTIONS 37-57-1, 37-57-105, 37-57-107, 37-59-3, 37-59-11, 37-59-13, 37-59-17, 37-59-19, 37-59-23, 37-59-27 THROUGH 37-59-31, 37-59-35, 37-59-37, 37-59-43, 37-59-101 THROUGH 37-59-107, 37-59-109 AND 37-59-111, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTIONS 37-57-131 AND 37-57-133, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES BY MUNICIPAL GOVERNING AUTHORITIES IN ANNEXED TERRITORY; TO AMEND SECTION 29-3-1.1, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTIONS 37-61-3, 37-61-9, 37-61-17, 37-61-19, 37-61-21, 37-61-23 AND 37-61-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 37-151-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the

"Mississippi School District Reorganization Act of 2011." SECTION 2. (1) From and after July 1, 2014, there shall be

no more than eighty-one (81) public school districts in the State of Mississippi. Each county in the State of Mississippi shall

constitute a school district and shall be known as the school district of ____________ County, Mississippi. Each county school

district shall constitute a unit for the control, organization and administration of schools. All the other type of school

districts, whether they be consolidated or line consolidated districts, municipal separate districts or special municipal separate districts, shall cease to exist on June 30, 2014. All

county school districts created or reconstituted according to the provisions of this act shall have the same prerogatives, powers, duties and privileges as provided in this act. On June 30, 2014,

every board of trustees of every municipal separate, special municipal separate, consolidated or line consolidated school district or agricultural high school shall cease to exist; and the newly created or reconstituted county school districts in this state shall be governed by the county boards of education selected as provided for by law. On June 30, 2014, every county

superintendent of education and every superintendent of every municipal separate, special municipal separate, consolidated or line consolidated school district or agricultural high school shall cease to exist; and the newly created or reconstituted
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school districts in this state shall be administered by the superintendents selected as provided for in this act. (2) Notwithstanding the provisions of subsection (1) of this

section, the territory of any school district which on July 1, 2011, is located in two (2) or more counties shall become added territory to the reconstituted county school district in which the majority of the school buildings of the former line school district are located. In such event, the members of the county

board of education for such succeeding school district may be elected from special single member districts as provided in Section 37-5-1(2), Mississippi Code of 1972. Provided, however,

that the county board of education of the county in which less than a majority of the school buildings of the former line school district are located may petition the State Board of Education for an order declaring the territory of such former line school district to be added to the county under their jurisdiction. State Board of Education shall act upon such petition within ninety (90) days, and shall make such determination based upon the geographical location of the school buildings in the added territory, the access of such facilities to the residences of the pupils attending the schools, and other factors directly related to the educational needs of the pupils in such territory. such order of the State Board of Education shall be final. SECTION 3. Notwithstanding the provisions of Section 2 of Any The

this act, any county having a population of less than three thousand (3,000) according to the latest federal decennial census shall combine with an adjoining county to form a two-county school district. In any such two-county school district, each member of

the board of education shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner: The boards of supervisors of both counties

shall apportion the territory in both counties into five (5) board of education districts which shall be divided as nearly as
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possible according to population, and other factors heretofore pronounced by the courts consistent with the provisions of the Voting Rights Act of 1965, as amended. The boards of supervisors

of both counties shall place upon its minutes the boundaries determined for the new five (5) board of education districts. said boards shall thereafter publish the same in a newspaper of general circulation within both counties for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the boards of said counties, the new district lines shall thereafter be effective. Any vacancies in the office shall be filled in the manner presently provided by law for the filling of vacancies. All The

two-county school districts and their governing boards shall have the same prerogatives, powers, duties and privileges as provided under law for county school districts and county boards of education. As used in this act, the term county school district

or county board of education shall be construed to include any two-county school districts created hereunder. SECTION 4. (1) When any school district in existence on

June 30, 2014, including agricultural high schools, has outstanding long-term or short-term indebtedness which is due after June 30, 2014, such indebtedness shall become a debt of the county school district into which the indebted territory is consolidated, and it shall be the duty of the board of supervisors of the county in which the reorganized district is situated to levy taxes on the property of said reorganized district from year to year according to the terms of such indebtedness until same shall be fully paid. Any dispute regarding the assumption of such

indebtedness shall be resolved by the State Board of Education. (2) When any school district is abolished and consolidated

under the provisions of this act, title to any real or personal property of the school district so abolished shall be vested in the school district into which said territory was consolidated.
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SECTION 5.

(1)

On or before July 1, 2012, the school boards

in any county having more than one (1) school district shall adopt a plan for the transition of all administrative functions into one (1) school district for such county. Said transition plan shall

include a detailed description of the placement of all personnel, personal property and real property of the various school districts in such county involved in administrative functions, which shall be reorganized and consolidated into one (1) countywide school district. Said transition plan shall be adopted

and spread upon the minutes of all school boards in such county. (2) After the order of the local school boards adopting a

transition plan 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 plan 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 all territory within the county to be the new boundaries of the school district on July 1, 2014. (3) Upon preclearance of such consolidation, all school

boards in the county shall approve a joint resolution for the election of five (5) new board members from supervisors districts as provided by Section 37-5-1, Mississippi Code of 1972. (4) The superintendent of the new countywide district

created through consolidation shall be appointed by the newly elected school board after their election, and the superintendent shall begin work as the superintendent on July 1, 2014, 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 in such county beyond July 1, 2014, whether they are elected or appointed.
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school board member from the preceding school district(s) may be eligible to run for election to the new county school board, if he or she is otherwise qualified for such office. (5) Each school board shall be responsible for executing the

contracts for teachers and principals for the 2014-2015 school year with the consultation of the new county school board. selection of any administrator in the central administration office shall be the responsibility of the new county school board. No existing dates for renewal of contracts shall invalidate the authority of the new county school board in taking such action. The new county school board may enter into these contracts at any time following their election, but no later than July 1, 2014. (6) It shall also be the responsibility of the new county The

school board to prepare and approve the budget of the new countywide district. The new county school board may use staff The school

from the existing districts to prepare the budget.

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. SECTION 6. Section 37-5-1, Mississippi Code of 1972, is

amended as follows: 37-5-1. (1) Effective July 1, 2014, there shall be

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

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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. SECTION 7. Section 37-5-7, Mississippi Code of 1972, is

amended as follows: 37-5-7. (1) On the first Tuesday after the first Monday in

November 2013, 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 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. 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.
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(2)

On the first Tuesday after the first Monday in November,

in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At said election

the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of (2) years. Thereafter, members shall be

elected at general elections as vacancies occur for terms of six (6) years each. All members of the county board of education

shall take office on the first Monday of January following the date of their election. SECTION 8. Section 37-5-9, Mississippi Code of 1972, is

amended as follows: [Until the date Section 1, Chapter 470, Laws of 2009, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:] 37-5-9. 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

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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 * * *. The candidate

who receives the highest number of votes cast in the election shall be declared elected. * * * [From and after the date Section 1, Chapter 470, Laws of 2009, is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this section shall read as follows:] 37-5-9. (1) The name of any qualified elector who is a

candidate for the county board of education shall be placed on the ballot used in the general elections by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days 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 the supervisors district, it shall only be required that the 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

a majority of the votes cast in the district must be declared elected. If no candidate receives a majority of the votes cast in

the general election, then the two (2) candidates who receive the highest number of votes cast in the district shall have their names submitted as candidates in a runoff election three (3) weeks after the date of the general election, and the candidate who
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receives a majority of the votes cast in the district in the runoff election must be declared elected. (2) When any member of the county board of education is to

be elected from the county at large under the provisions of this chapter, then the petition required by subsection (1) of this section shall be signed by the required number of qualified electors residing in any part of the county * * *. The candidate

who receives a majority of the votes cast in the county must be declared elected. If no candidate receives a majority of the

votes cast in the general election, then the two (2) candidates who receive the highest number of votes cast in the county shall have their names submitted as candidates in a runoff election three (3) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the county in the runoff election must be declared elected. * * * SECTION 9. Section 37-5-3, Mississippi Code of 1972, which

prohibits residents of municipal separate school districts from running for the county board of education, and Section 37-5-18, Mississippi Code of 1972, which provides for the election of school board members from special districts, are hereby repealed. SECTION 10. Sections 37-7-103, 37-7-105, 37-7-107, 37-7-109,

37-7-111, 37-7-113 and 37-7-115, Mississippi Code of 1972, which provide for the abolition, alteration or creation of school districts by local board action or petition filed by the electorate, are hereby repealed. SECTION 11. Sections 37-7-501, 37-7-503, 37-7-505, 37-7-507,

37-7-509 and 37-7-511, Mississippi Code of 1972, which provide for the disposition of property on dissolution of a school district, are hereby repealed. SECTION 12. Sections 37-7-201, 37-7-203, 37-7-207, 37-7-209,

37-7-211, 37-7-213, 37-7-215, 37-7-217, 37-7-219, 37-7-221, 37-7-223, 37-7-225, 37-7-227 and 37-7-229, Mississippi Code of
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1972, which provide for the selection of boards of trustees of municipal separate and consolidated school districts, are hereby repealed. SECTION 13. Section 37-6-3, Mississippi Code of 1972, is

amended as follows: 37-6-3. (1) From and after July 1, 2014, 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 * * * the county board of education * * *. (3) As used in this chapter, the term "superintendent" or

"superintendent of schools" shall mean * * * the county superintendent of education * * *. * * * SECTION 14. Sections 37-6-5 and 37-6-7, Mississippi Code of

1972, which provide for the title of public school districts and the composition of school boards, are hereby repealed. SECTION 15. Section 37-6-9, Mississippi Code of 1972, is

amended as follows: 37-6-9. The county board of education shall organize by the

election of a president and a secretary from its membership whose duty it shall be to make reports and to perform all other duties required by law. A majority of the members of the county board of

education shall constitute a quorum for the transaction of business. Minutes shall be kept of all meetings of the county

board of education 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 county board of education requests to be reflected in the minutes. Each member of the county board of

education present shall either vote or abstain on every question

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upon which a vote is taken at such meeting.

All action taken by a

county board of education shall become official at the time it is taken. All minutes of the county board of education shall be

signed by the president of the board, shall be attested by the secretary of the board and shall be adopted by the board at the next regular meeting, or within thirty (30) working days, whichever occurs later. SECTION 16. Section 37-6-11, Mississippi Code of 1972, is

amended as follows: 37-6-11. The county boards of education 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. SECTION 17. Section 37-6-13, Mississippi Code of 1972, is

amended as follows: 37-6-13. (1) Each person serving as a member of the county

board of education shall receive per diem in the amount of Sixty-seven Dollars ($67.00) for no more than thirty-six (36) meetings of the county board of education 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 county board of education 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 county board of education. 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 county board of education
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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. 25-3-41. Such expenses shall be paid on order of the county board of education 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. (2) (a) If a member of a county board of education misses Such reimbursement shall be in accordance with Section

twenty percent (20%) or more of the meetings of the county board of education 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 county board of education meetings held during that year. For purposes of this

subsection, consideration may be given only to meetings of which public notice is required. (b) Before February 1 of each year, the president of

each local county board of education shall submit a report to the State Board of Education containing the names of any members of the county board of education who missed twenty percent (20%) or more of the county board of education meetings during the preceding calendar year. SECTION 18. Section 37-6-15, Mississippi Code of 1972, is

amended as follows: 37-6-15. (1) Before entering upon the discharge of the

duties of his office, each member of the county board of education shall give a surety bond in the penal sum of Fifty Thousand Dollars ($50,000.00), with sufficient surety, to be payable, conditioned and approved in the manner provided by law.
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(2)

The county board of education 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. SECTION 19. Section 37-7-301, Mississippi Code of 1972, is

amended as follows: 37-7-301. The county boards of education of all counties

shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit: (a) To organize and operate the schools of the district

and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school; (b) To introduce public school music, art, manual

training and other special subjects into either the elementary or high school grades, as the board shall deem proper; (c) To be the custodians of real and personal school

property and to manage, control and care for same, both during the school term and during vacation; (d) To have responsibility for the erection, repairing

and equipping of school facilities and the making of necessary school improvements; (e) To suspend or to expel a pupil or to change the

placement of a pupil to the school district's alternative school or homebound program for misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil,
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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; (f) To visit schools in the district, in their

discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way; (g) To support, within reasonable limits, the

superintendent, principal and teachers where necessary for the proper discipline of the school; (h) To exclude from the schools students with what

appears to be infectious or contagious diseases; 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; (i) To require those vaccinations specified by the

State Health Officer as provided in Section 41-23-37; (j) To see that all necessary utilities and services

are provided in the schools at all times when same are needed; (k) To authorize the use of the school buildings and

grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said board; (l) To prescribe and enforce rules and regulations not

inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law; (m) To maintain and operate all of the schools under

their control for such length of time during the year as may be required;
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521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553

(n)

To enforce in the schools the courses of study and

the use of the textbooks prescribed by the proper authorities; (o) To make orders directed to the county

superintendent of education for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise. The county board of education shall be

authorized and empowered to promulgate rules and regulations that specify the types of claims and set limits of the dollar amount for payment of claims by the county superintendent of education to be ratified by the board at the next regularly scheduled meeting after payment has been made; (p) To select all school district personnel in the

manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board; (q) To provide athletic programs and other school

activities and to regulate the establishment and operation of such programs and activities; (r) To join, in their discretion, any association of

school boards and other public school-related organizations, and to pay from local funds other than minimum foundation funds, any membership dues; (s) 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
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554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586

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 The local school

travel expenses of school district personnel.

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 county superintendent of education in a central depository approved by
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587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619

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; (t) To contract, on a shared savings, lease or

lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14, not to exceed ten (10) years; (u) To maintain accounts and issue pay certificates on

school food service bank accounts; (v) (i) To lease a school building from an individual,

partnership, nonprofit corporation or a private for-profit corporation for the use of such school district, and to expend funds therefor as may be available from any nonminimum program sources. The county board of education desiring to lease a school

building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. resolution so adopted by the county board of education 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 county board of education is to act on the question of leasing a school building. If no petition requesting an election is filed prior to The

such meeting as hereinafter provided, then the county board of education 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 county board
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620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652

of education requesting that an election be called on the question, then the county board of education 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 county board of education 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 county board of education. 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 county board of education 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 county board of education after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by certified general appraisers licensed by the State of Mississippi. The term "school

building" as used in this paragraph (v)(i) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives and playgrounds. The term "lease" as used in this paragraph (v)(i)

may include a lease/purchase contract; (ii) If two (2) or more school districts propose

to enter into a lease contract jointly, then joint meetings of the county boards of education having control may be held but no action taken shall be binding on any such school district unless the question of leasing a school building is approved in each
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653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685

participating school district under the procedure hereinabove set forth in paragraph (v)(i). All of the provisions of paragraph

(v)(i) regarding the term and amount of the lease contract shall apply to the county boards of education acting jointly. Any lease

contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint

lessees under the lease contract shall be in proportion to the amount of lease rental paid by each; (w) To employ all noninstructional and noncertificated

employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the county superintendent of education; (x) To employ and fix the duties and compensation of

such legal counsel as deemed necessary; (y) Subject to rules and regulations of the State Board

of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law; (z) To expend funds for the payment of substitute

teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers; (aa) 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 county board of education 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
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686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717

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 county board of

education is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; 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; (bb) To charge reasonable fees related to the

educational programs of the district, in the manner prescribed in Section 37-7-335; (cc) Subject to rules and regulations of the State

Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13; (dd) Enter into contracts or agreements with other

school districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the county board of education, or to allow more efficient utilization of limited resources for providing services to the public;

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718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749

(ee)

To provide for in-service training for employees

of the district; (ff) As part of their duties to prescribe the use of

textbooks, to provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books 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; (gg) To conduct fund-raising activities on behalf of

the school district that the county board of education, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that: (i) Any proceeds of the fund-raising activities

shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and (ii) Fund-raising activities conducted or

authorized by the board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the county board of education receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund; (hh) To allow individual lessons for music, art and

other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the county board of education; (ii) To charge reasonable fees for participating in an

extracurricular activity for academic or nonacademic credit for

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750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782

necessary and required equipment such as safety equipment, band instruments and uniforms; (jj) To conduct or participate in any fund-raising

activities on behalf of or in connection with a tax-exempt charitable organization; (kk) To exercise such powers as may be reasonably

necessary to carry out the provisions of this section; (ll) To expend funds for the services of nonprofit arts

organizations or other such nonprofit organizations who provide performances or other services for the students of the school district; (mm) To expend federal No Child Left Behind Act funds,

or any other available funds that are expressly designated and authorized for that use, to pay training, educational expenses, salary incentives and salary supplements to employees of local school districts; except that incentives shall not be considered part of the local supplement as defined in Section 37-151-5(o), nor shall incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). Mississippi Adequate Education Program funds or any

other state funds may not be used for salary incentives or salary supplements as provided in this paragraph (mm); (nn) To use any available funds, not appropriated or

designated for any other purpose, for reimbursement to the state-licensed employees from both in state and out of state, who enter into a contract for employment in a school district, for the expense of moving when the employment necessitates the relocation of the licensed employee to a different geographical area than that in which the licensed employee resides before entering into the contract. The reimbursement shall not exceed One Thousand

Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the
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783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815

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 Any individual

within the boundaries of the State of Mississippi.

receiving relocation assistance through the Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be eligible to receive additional relocation funds as authorized in this paragraph; (oo) To use any available funds, not appropriated or

designated for any other purpose, to reimburse persons who interview for employment as a licensed employee with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview at the rate authorized for county and municipal employees under Section 25-3-41; (pp) Consistent with the report of the Task Force to

Conduct a Best Financial Management Practices Review, to improve school district management and use of resources and identify cost savings as established in Section 8 of Chapter 610, Laws of 2002, county boards of education are encouraged to conduct independent reviews of the management and efficiency of schools and school districts. Such management and efficiency reviews shall provide

state and local officials and the public with the following: (i) An assessment of a school district's

governance and organizational structure;

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816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848

(ii)

An assessment of the school district's

financial and personnel management; (iii) (iv) An assessment of revenue levels and sources; An assessment of facilities utilization,

planning and maintenance; (v) An assessment of food services, transportation

and safety/security systems; (vi) An assessment of instructional and

administrative technology; (vii) A review of the instructional management and

the efficiency and effectiveness of existing instructional programs; and (viii) Recommended methods for increasing

efficiency and effectiveness in providing educational services to the public; (qq) To enter into agreements with other county boards

of education for the establishment of an educational service agency (ESA) to provide for the cooperative needs of the region in which the school district is located, as provided in Section 37-7-345; (rr) To implement a financial literacy program for The board may review the national

students in Grades 10 and 11.

programs and obtain free literature from various nationally recognized programs. After review of the different programs, the

board may certify a program that is most appropriate for the school districts' needs. If a district implements a financial

literacy program, then any student in Grade 10 or 11 may participate in the program. The financial literacy program shall

include, but is not limited to, instruction in the same areas of personal business and finance as required under Section 37-1-3(2)(b). The county board of education may coordinate with

volunteer teachers from local community organizations, including, but not limited to, the following:
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United States Department of

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849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881

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 county boards of education to implement a financial literacy program; (ss) To collaborate with the State Board of Education,

Community Action Agencies or the Department of Human Services to develop and implement a voluntary program to provide services for a prekindergarten program that addresses the cognitive, social, and emotional needs of four-year-old and three-year-old children. The county board of education may utilize any source of available revenue to fund the voluntary program; (tt) With respect to any lawful, written obligation of

a school district, including, but not limited to, leases (excluding leases of sixteenth section public school trust land), bonds, notes, or other agreement, to agree in writing with the obligee that the Department of Revenue or any state agency, department or commission created under state law may: (i) Withhold all or any part (as agreed by the

county board of education) of any monies which such county board of education is entitled to receive from time to time under any law and which is in the possession of the Department of Revenue, or any state agency, department or commission created under state law; and (ii) Pay the same over to any financial

institution, trustee or other obligee, as directed in writing by the county board of education, to satisfy all or part of such obligation of the school district. The county board of education 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 county board of education. If the county board of education files a copy of such *SS26/R633*

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882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913

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 county board of education 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 county board of education 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; (uu) With respect to any matter or transaction that is

competitively bid by a school district, to accept from any bidder as a good faith deposit or bid bond or bid surety, the same type of good faith deposit or bid bond or bid surety that may be accepted by the state or any other political subdivision on similar competitively bid matters or transactions. This paragraph

(uu) shall not be construed to apply to sixteenth section public school trust land. The county board of education may authorize

the investment of any school district funds in the same kind and manner of investments, including pooled investments, as any other political subdivision, including community hospitals; (vv) To utilize the alternate method for the conveyance

or exchange of unused school buildings and/or land, reserving a partial or other undivided interest in the property, as specifically authorized and provided in Section 37-7-485, Mississippi Code of 1972;

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914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946

(ww)

To delegate, privatize or otherwise enter into a

contract with private entities for the operation of any and all functions of nonacademic school process, procedures and operations including, but not limited to, cafeteria workers, janitorial services, transportation, professional development, achievement and instructional consulting services materials and products, purchasing cooperatives, insurance, business manager services, auditing and accounting services, school safety/risk prevention, data processing and student records, and other staff services; however, the authority under this paragraph does not apply to the leasing, management or operation of sixteenth section lands. Local school districts, working through their regional education service agency, are encouraged to enter into buying consortia with other member districts for the purposes of more efficient use of state resources as described in Section 37-7-345; (xx) To partner with entities, organizations and

corporations for the purpose of benefiting the school district; (yy) To borrow funds from the Rural Economic

Development Authority for the maintenance of school buildings; and (zz) To fund and operate voluntary early childhood

education programs, defined as programs for children less than five (5) years of age on or before September 1, and to use any source of revenue for such early childhood education programs. Such programs shall not conflict with the Early Learning Collaborative Act of 2007. SECTION 20. Section 37-7-303, Mississippi Code of 1972, is

amended as follows: 37-7-303. (1) The county board of education 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 county board of education shall purchase and maintain

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947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979

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 county board of education 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 county board

of education 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 county boards of education 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.
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980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012

(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 county board of

education 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 county boards of education 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. SECTION 21. Section 37-7-305, Mississippi Code of 1972, is

amended as follows: 37-7-305. The county board of education 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 county board of education in its trust capacity, for oil, gas and mineral exploration and development upon such terms and conditions and for such considerations as the county board of education, 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
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1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045

collected by the county board of education 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. leases shall specifically provide that no damages shall be permitted to existing school buildings or facilities thereto. SECTION 22. Section 37-7-307, Mississippi Code of 1972, is Said

amended as follows: 37-7-307. (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 county board of education 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: (a) 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. (b) 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 (1) public school district in Mississippi to another, any unused portion of the
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1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078

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. (c) 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. (d) 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 may 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. Thereafter, the regular

pay of such absent licensed employee may be suspended and withheld in its entirety for any period of absence because of illness or physical disability during that school year. (3) 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. 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, unless on such days an immediate
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family member of the employee is being deployed for military service. 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. (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 county board of education policy. (5) Upon retirement from employment, each licensed and

nonlicensed employee shall be paid for not more than thirty (30)
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1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144

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. 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 The

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 county board of education 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: (a) 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; (b) 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; (c) 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,
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1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177

have been provided, furnished or performed at a time when school was not in session; (d) Enlarging, increasing or providing greater sick or

personal leave allowances than the minimum standards established by this section in the discretion of the county board of education of each county. (7) County boards of education 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 county boards of education, 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 county board of education 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 Unused

employees shall be synonymous with personal leave.

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

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1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210

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. County board of education

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. (10) (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: (i) "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

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1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243

that are long-term in nature and require long recuperation periods may be considered catastrophic. (ii) "Immediate family" means spouse, parent,

stepparent, sibling, child or stepchild. (b) 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 or another 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: (i) 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 county superintendent of education or his designee of his or her designation. (ii) 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. (iii) 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. (iv) Before an employee may receive donated leave,

he or she must provide the county superintendent of education or his designee with a physician's statement that states the beginning date of the catastrophic injury or illness, a
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1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276

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. (v) 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. (vi) Donated leave shall not be used in lieu of

disability retirement. SECTION 23. Section 37-7-311, Mississippi Code of 1972, is

amended as follows: 37-7-311. The county board of education 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. SECTION 24. Section 37-7-315, Mississippi Code of 1972, is

amended as follows: 37-7-315. In creating school districts under the provisions

of Article 1 of this chapter, it shall not be necessary that the county board of education, 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 county board of education may utilize such facilities and buildings in connection with any related school activity which said county board of education may deem advisable. The county board of education shall have the power and authority to designate the locations for school buildings and
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1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309

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 county boards of education, the use of the attendance center shall not be changed, altered or abolished except upon order of a majority of each of the county boards of education of the county from which pupils have been in attendance at the attendance center for the scholastic year; any acts, decisions, orders or resolutions by the county board of education of any such county If any

in conflict with this provision shall be null and void.

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 county board of education of

the county 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. SECTION 25. Section 37-7-317, Mississippi Code of 1972, is

amended as follows: 37-7-317. The county board of education 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
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1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342

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 county board of education 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. SECTION 26. Section 37-7-319, Mississippi Code of 1972, is

amended as follows: 37-7-319. All county boards of education 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. SECTION 27. Section 37-7-321, Mississippi Code of 1972, is

amended as follows: 37-7-321. (1) The county board of education 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 county board of education 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
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1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375

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 county board of education 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 county board of education 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. SECTION 28. Section 37-7-323, Mississippi Code of 1972, is

amended as follows: 37-7-323. 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 county board of education 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 county board of education of any

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1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407

county 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. SECTION 29. Section 37-7-327, Mississippi Code of 1972, is

amended as follows: 37-7-327. The county board of education 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 county board of education 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 county superintendent of education a satisfactory building and educational equipment for said school and enter into a contract with the county superintendent of education 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.

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1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440

When an orphanage public school is established under this section and the conditions as set forth above are met, the county superintendent of education 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 county board of education. 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. SECTION 30. Section 37-7-329, Mississippi Code of 1972, is

amended as follows: 37-7-329. 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 county board of education 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. SECTION 31. Section 37-7-333, Mississippi Code of 1972, is

amended as follows: 37-7-333. The county boards of education shall have full

control of the receipt, distribution, allotment and disbursement of all funds which may be provided for the support and maintenance
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1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472

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 county superintendent of education 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 county superintendent of education. All such allotments or funds shall be placed in the depository or depositories selected by the county board of education 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 county board of education to financial institutions may be given by the county board of education 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 county board of education at some subsequent meeting, but no later than the regular June meeting; and the selection by the county board of education of the depository or depositories shall be effective on July 1 of each year. County boards of education 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

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1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505

shall place on deposit with the county superintendent of education 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 county board of education would have a direct or indirect interest, the county board of education should not open or consider any bids received. The county superintendent of

education 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 county board of education under this section relating to the selection of a depository or depositories. SECTION 32. Section 37-7-401, Mississippi Code of 1972, is

amended as follows: 37-7-401. 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
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1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538

the county board of education of the county 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 county board of education shall have the power to specify the grades which shall be taught therein. SECTION 33. Section 37-7-405, Mississippi Code of 1972, is

amended as follows: 37-7-405. 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 county boards of education of all counties 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. SECTION 34. Section 37-7-409, Mississippi Code of 1972, is

amended as follows: 37-7-409. (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
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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 board of supervisors * * *, upon receipt of a

certified copy of an order adopted by the county board of education requesting same, shall at the same time and in the same
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1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604

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 board of supervisors * * * 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
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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 board of supervisors 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. SECTION 35. Section 37-7-411, Mississippi Code of 1972, is

amended as follows: 37-7-411. Subject to the prior consent and approval of the

State Board of Education, the county boards of education of all school districts involved shall be authorized to agree as to which of the county boards of education 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 county board of education 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 county board of education of the

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1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669

county in which they reside shall be eligible to and shall attend such school. SECTION 36. Section 37-7-431, Mississippi Code of 1972, is

amended as follows: 37-7-431. Whenever the county board of education 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 county board of education shall be authorized and empowered, in its discretion, to negotiate a trade of lands upon such terms and conditions as the county board of education 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. SECTION 37. Section 37-7-433, Mississippi Code of 1972, is

amended as follows: 37-7-433. Upon being authorized by a resolution of the

county board of education 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 county board of education, and for the consideration of the execution of a deed to
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1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702

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. SECTION 38. Section 37-7-435, Mississippi Code of 1972, is

amended as follows: 37-7-435. The lands shall be conveyed by warranty deed to

the county board of education members or their successors in office of the school district. fee simple absolute. SECTION 39. Section 37-7-451, Mississippi Code of 1972, is Said lands shall be conveyed by

amended as follows: 37-7-451. 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 county board of education may sell and convey such land, buildings or other property in the manner provided in Sections 37-7-453 through 37-7-457. SECTION 40. Section 37-7-455, Mississippi Code of 1972, is

amended as follows: 37-7-455. (1) 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 county board of education shall have the right to reject any and all bids. If the

property is not sold pursuant to such advertisement, the county board of education, by resolution, may set a date for an open meeting of the county board of education to be held within sixty
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1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735

(60) days after the date upon which the bids were opened.

At the

meeting held pursuant to such resolution, the county board of education 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 county board of education shall have the right to reject any and all bids. The county board of education

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 county board of education of a county 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. Before such

auction, the county board of education shall adopt a resolution calling for the auction and shall advertise the auction in some newspaper having a general circulation in the county in which the property is located once each week for two (2) consecutive weeks, with the first publication to be made not less than fifteen (15) days before the date upon which the auction shall be held. The

advertisement shall include a general description of the property to be sold at the auction and the date, time and place that such auction shall be held. bid for cash. At the auction, any interested party may

The property shall be sold to the highest and best

bidder; however, the county board of education may reject any and all bids. When selling property under this subsection, a county

board of education is not required to advertise for or receive competitive bids in connection with the sale of the property. Any

items not sold at such auctions or any other property, other than
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1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768

real property or buildings of the district, not classified as fixed assets for school purposes pursuant to regulations of the State Department of Audit, which no longer have useful value to the school district, in the discretion of the county board of education or its designated representative, may be destroyed or disposed of in any manner whatsoever, provided that no school official or employee derives any personal economic benefit from such disposal. (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 county board of education 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 county board of education, the president of the county board of education shall be authorized and empowered to execute a conveyance of the property upon the terms and for the consideration fixed by the board. The county board of education

shall reserve unto the district all oil, gas and minerals in, on or under the land, and all proceeds derived from royalties upon
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1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801

the reserved mineral interests shall be used as provided by Section 37-7-457. SECTION 41. Section 37-7-471, Mississippi Code of 1972, is

amended as follows: 37-7-471. Whenever the county board of education shall find

and determine, by resolution duly and lawfully adopted and spread upon its minutes: (a) 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 county board of education; (b) 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 (c) 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 county board of education 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 county board of education 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
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1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834

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 county board of education in the sale, conveyance or lease of relocatable classrooms to the county board of education of another county. Said sections without reference to another statute shall be deemed full and complete power for the exercise of the authority conferred hereby. SECTION 42. Section 37-7-475, Mississippi Code of 1972, is

amended as follows: 37-7-475. Upon being authorized by a resolution of the

county board of education 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 county board of education, including retention of a partial interest, or undivided interest or other ownership interest in the property, in the discretion of the county board of education. 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. SECTION 43. Section 37-7-477, Mississippi Code of 1972, is It

amended as follows: 37-7-477. Unless a county board of education 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
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1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866

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 county board of education 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 county board of education retains a partial interest, or undivided interest or other ownership interest in the school property being conveyed. SECTION 44. Section 37-7-479, Mississippi Code of 1972, is

amended as follows: 37-7-479. 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 county board of education 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.

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1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899

The county board of education 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 county board of education 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. SECTION 45. Section 37-7-481, Mississippi Code of 1972, is

amended as follows: 37-7-481. The authority conferred by Sections 37-7-471

through 37-7-483 may be exercised by the existing county board of education of any county in which any such school building, land, property or other school facility is located or situated. Such

county board of education may contract with any other county board of education, or any other governmental entity, to assign and transfer its rights and duties under this chapter, under such terms and conditions as the county board of education 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. SECTION 46. Section 37-9-13, Mississippi Code of 1972, is

amended as follows: 37-9-13. (1) In all countywide school districts, the county

board of education shall, on or before January 15 of each year, select the county superintendent of education of such county, except in those cases where the superintendent has been previously selected and has a contract which is valid for the ensuing
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1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932

scholastic year.

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 had not less than four (4) years of classroom or administrative experience. (2) The provisions of subsection (1) of this section shall

not apply to elected county superintendents of education prior to the expiration of the term for which they were elected in 2011; which term would expire in 2015. Provided, however, that if a

vacancy shall occur in the office of county superintendent of education, the qualifications prescribed in subsection (1) of this section shall apply to any person filling such vacancy. SECTION 47. Section 37-9-14, Mississippi Code of 1972, is

amended as follows: 37-9-14. (1) It shall be the duty of the county

superintendent of education to administer the schools within his district and to implement the decisions of the county board of education. (2) In addition to all other powers, authority and duties

imposed or granted by law, the county superintendent of education shall have the following powers, authority and duties: (a) 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. (b) 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. (c) To administer oaths in all cases to persons

testifying before him relative to disputes relating to the schools

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1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963

submitted to him for determination, and to take testimony in such cases as provided by law. (d) To examine the monthly and annual reports submitted

to him by principals and teachers for the purpose of determining and verifying the accuracy thereof. (e) 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. (f) 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. (g) To keep an accurate record of the names of all of

the members of the county board of education 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 county board of education, 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. (h) 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. (i) To make to the county board of education reports

for each scholastic month in such form as the county board of education may require.

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1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996

(j)

To distribute promptly all reports, letters, forms,

circulars and instructions which he may receive for the use of school officials. (k) To keep on file and preserve in his office all

appropriate information concerning the affairs of the school district. (l) 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. (m) To observe such instructions and regulations as the

county board of education and other public officials may prescribe, and to make special reports to these officers whenever required. (n) To keep his office open for the transaction of

business upon the days and during the hours to be designated by the county board of education. (o) To make such reports as are required by the State

Board of Education. (p) To make an enumeration of educable children in his

school district as prescribed by law. (q) To keep in his office and carefully preserve the

public school record provided, to enter therein the proceedings of the county board of education 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. (r) To delegate student disciplinary matters to

appropriate school personnel. (s) 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;
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1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029

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 county board of education. (t) 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. (u) To comply in a timely manner with the compulsory

education reporting requirements prescribed in Section 37-13-91(6). (v) him by law. (w) To notify, in writing, the parent, guardian or To perform such other duties as may be required of

custodian, the youth court and local law enforcement of any expulsion of a student for criminal activity as defined in Section 37-11-29. (x) 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. (y) To employ and dismiss noninstructional and

nonlicensed employees as provided by law. (z) 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. school district may pay a licensed employee based on the same salary schedule as other contracted licensed employees in the district until county board of education action, at which time a
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2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062

licensed employee approved by the county board of education 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 county board of education 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 county board of education 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 county superintendent of education 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 county superintendent of education, or his designee.
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2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095

(5)

The county superintendent of education 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 county superintendent of

education to keep and preserve the minutes of the proceedings of the county board of education. (7) The county superintendent of education 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 All demands, claims and accounts

prescribed by the State Auditor.

filed shall be preserved by the county superintendent of education as a public record for a period of five (5) years. All claims

found by the county board of education 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 county board of education at the next regularly scheduled board meeting, as paid by the county superintendent of education. 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

county superintendent of education 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 county board of education entered upon its minutes, or paid by board policy, or by inclusion in the current fiscal year budget,
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2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128

and all such amounts may be paid by the county superintendent of education 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. SECTION 48. Section 37-9-16, Mississippi Code of 1972, which

prescribes the powers and responsibilities of administrative superintendents, is hereby repealed. SECTION 49. Section 37-9-70, Mississippi Code of 1972, is

amended as follows: 37-9-70. (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 county board of education 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 for the superintendent of schools, 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. SECTION 50. Section 37-9-3, Mississippi Code of 1972, is

amended as follows: 37-9-3. Except as otherwise provided in Section 37-167-1,

within the limits of the available funds, the county superintendent of education * * * shall recommend to the county
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2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161

board of education thereof all noninstructional employees to be employed and may prescribe the duties thereof. Compensation for

such employees may be paid from any lawful funds. SECTION 51. Section 37-9-15, Mississippi Code of 1972, is

amended as follows: 37-9-15. No later than February 15 of each year, the county

superintendent of education * * * shall recommend to the county board of education 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 county board of education shall approve and authorize the employment of the assistant superintendents and principals so recommended. If, for any

reason, the county board of education 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 county superintendent of education of such county shall enter into proper contracts with them. At a

subsequent meeting he shall report same to the county board of education 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. SECTION 52. Section 37-9-17, Mississippi Code of 1972, is

amended as follows: 37-9-17. (1) On or before April 1 of each year, the

principal of each school shall recommend to the county

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2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194

superintendent of education 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 county board of education, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the county

board of education 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 county board of education as provided above. The county board of education of any county 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 county board of education of any county 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
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2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227

employees and to transmit approved recommendations to the county board of education; 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 county superintendent of education of the county 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 county superintendent of education of the county 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
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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 county board of education of the county 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, county board of education 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(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 shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the *SS26/R633*

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county superintendent of education the county 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 county

board of education 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 county board of education

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. SECTION 53. Section 37-9-21, Mississippi Code of 1972, is

amended as follows: 37-9-21. It shall be illegal for any superintendent,

principal or other licensed employee to be elected by the county board of education 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
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county board of education.

No member of the county board of

education 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. SECTION 54. Section 37-9-23, Mississippi Code of 1972, is

amended as follows: 37-9-23. The county superintendent of education 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 county board of education. 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 county board of education, 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
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provisions of Section 37-7-308, 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 county board of education, the election of the licensed employee and the contract tendered to him shall be void and of no effect. SECTION 55. Section 37-9-25, Mississippi Code of 1972, is

amended as follows: 37-9-25. The county board of education shall have the power

and authority, in its discretion, to employ the superintendent, unless such superintendent is elected, 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. 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
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any year after the first year of the contract.

However, in all

such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier. The salary to be paid

for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract. However, where school district

funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same. SECTION 56. Section 37-9-27, Mississippi Code of 1972, is

amended as follows: 37-9-27. The county superintendent of education, 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. SECTION 57. Section 37-9-33, Mississippi Code of 1972, is

amended as follows: 37-9-33. (1) In employing and contracting with appointed

superintendents, principals and certificated employees, the county board of education 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
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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. SECTION 58. Section 37-9-37, Mississippi Code of 1972, is

amended as follows: 37-9-37. The amount of the salary to be paid any

superintendent, principal or licensed employee shall be fixed by the county board of education, provided that the requirements of
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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 county boards of education 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 county board of education, 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. SECTION 59. Section 37-9-39, Mississippi Code of 1972, is

amended as follows: 37-9-39. Salary or wages paid to any employee of any school

shall be paid on a basis as determined by the county board of education, except for December, when salaries or wages shall be paid by the last working day. a minimum on a monthly basis. Salaries or wages shall be paid at 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 section shall be construed to entitle any employee to payment of salary or wages when no work has been performed. SECTION 60. Section 37-9-41, Mississippi Code of 1972, is

amended as follows: 37-9-41. The salaries of superintendents, principals and

licensed employees shall be paid by pay certificates issued by the county superintendent of education. Such pay certificates may be

issued without additional authorization of the county board of education where the amount of salary has been fixed and a contract
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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. SECTION 61. Section 37-9-43, Mississippi Code of 1972, is

amended as follows: 37-9-43. 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. SECTION 62. Section 37-9-49, Mississippi Code of 1972, is

amended as follows: 37-9-49. It shall be unlawful for the county superintendent

of education 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
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2492 2493 2494 2495 2496 2497 2498 2499 2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517 2518 2519 2520 2521 2522 2523 2524

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

county superintendent of education 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. SECTION 63. Section 37-9-55, Mississippi Code of 1972, is

amended as follows: 37-9-55. 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 county board of education 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 county board of education's order. SECTION 64. Section 37-9-57, Mississippi Code of 1972, is

amended as follows: 37-9-57. 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
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one (1) school year as provided in Section 37-3-2(8) upon written recommendation of the majority of the members of the county board of education of the school district involved. SECTION 65. Section 37-9-59, Mississippi Code of 1972, is

amended as follows: 37-9-59. For incompetence, neglect of duty, immoral conduct,

intemperance, brutal treatment of a pupil or other good cause the county superintendent of education 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. 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 county board of

education, 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

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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 county board of education, 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 county board of education 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. SECTION 66. Section 37-9-71, Mississippi Code of 1972, is

amended as follows: 37-9-71. The county superintendent of education and the

principal of a school shall have the power to suspend 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, 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 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,
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dismissed or expelled by the county board of education under state or federal law or any rule, regulation or policy of the local school district. However, such action of the superintendent or

principal shall be subject to review by and the approval or disapproval of the county board of education. 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. 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. SECTION 67. Sections 37-5-61, 37-5-63, 37-5-65, 37-5-67,

37-5-69 and 37-5-71, Mississippi Code of 1972, which provide for the elective office of county superintendent of education, and Section 37-9-16, Mississippi Code of 1972, which prescribes the powers and responsibilities of administrative superintendents, are hereby repealed. SECTION 68. Section 37-15-2, Mississippi Code of 1972, is

amended as follows: 37-15-2. 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 as designated and provided by the county board of education or, as an alternative method, the records may
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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 county superintendent of education of the county who shall maintain a central depository of the records. SECTION 69. Section 37-15-3, Mississippi Code of 1972, is

amended as follows: 37-15-3. 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 USC Section 1232. Such records shall be kept for each pupil In the

throughout his entire public school enrollment period.

event a pupil transfers to a public 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 county board of education 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
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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. SECTION 70. Section 37-15-4, Mississippi Code of 1972, is

amended as follows: 37-15-4. The county board of education of every county, 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 county board of education. 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 county board of education. SECTION 71. Section 37-15-8, Mississippi Code of 1972, is

amended as follows: 37-15-8. The county superintendent of education of the

county shall have the authority, with the approval of the county board of education spread upon its minutes, to dispose of the following records: (a) After five (5) years: (1) (2) (3) (4) Bank statements; Cancelled warrants and pay certificates; County board of education paid bills; Bids received, either accepted or rejected,

for supplies, materials, equipment and construction; (5) Depository receipt warrants;

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(6)

County board of education claims dockets,

where claims are recorded on the minutes of the board; (7) Original of county board of education's orders

after such orders have been recorded in the minute book; (8) (9) Cancelled bonds and coupons; Tax collector's reports of tax collection to

county superintendent of education; (10) Transportation records.

After three (3) years: (1) Teacher contracts, computed from the

expiration date thereof; (2) (3) Bus purchase documents; Teachers' registers, principals' reports and

other evidence necessary to prepare the reports to the State Board of Education. (c) 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. 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. SECTION 72. Section 37-15-13, Mississippi Code of 1972, is

amended as follows: 37-15-13. When any child qualified under the requirements of

Section 37-15-9 shall apply or present himself for enrollment in or admission to the public schools of any school district of this state, the county board of education 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
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or permanent until such designation shall be made by said county board of education. No child shall be entitled to attend any

school or attendance center except that to which he has been assigned by the county board of education; however, the principal of a school or county superintendent of education of the county may, in proper cases, permit a child to attend a school temporarily until a permanent assignment is made by the county board of education. SECTION 73. Section 37-15-15, Mississippi Code of 1972, is

amended as follows: 37-15-15. In making assignments of children to schools or

attendance centers, the county board of education 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 county board of education 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 county board of education shall not be limited or circumscribed by the boundaries of any attendance areas which may have been established by such board. SECTION 74. Section 37-15-17, Mississippi Code of 1972, is

amended as follows: 37-15-17. 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 county board of education, then such parent, guardian or other person may, at any time within thirty (30) days after such assignment, make
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application in writing to the county board of education for a review or reconsideration of such assignment. Upon receiving any

such application, the county board of education 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 county board

of education 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 county board of education shall find proper. SECTION 75. Section 37-15-21, Mississippi Code of 1972, is

amended as follows: 37-15-21. 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 county board of education shall feel aggrieved at the order of the county board of education 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 county board of education involved. Upon being served with process, it shall be the duty of the county board of education to transmit promptly to the court a certified copy of the entire record of the proceedings as shown by the file of the county board of education. 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.

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SECTION 76.

Section 37-15-31, Mississippi Code of 1972, is

amended as follows: 37-15-31. (1) (a) 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 county board of education 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 county board of education 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 county boards of education of all school districts concerned, which consent must be given in writing and spread upon the minutes of such boards. (b) The county board of education 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

county board of education 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 county board of education of either school district, then such decision shall be final.

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(c)

Any legal guardianship formed for the purpose of

establishing residency for school district attendance purposes shall not be recognized by the affected county board of education. (2) (a) 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 county board of education 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 county board of education 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. (b) The county board of education of any county, 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. (c) The employer transferee school district shall

notify in writing the school district from which the pupil or pupils are transferring, and the county board of education of the transferor school district shall spread the same upon its minutes. (d) Any such agreement by county boards of education

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.
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(e)

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 county board of education of the county 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 county boards of education 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 county board of education 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 county board of education 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. (5) (a) If the board of trustees of a municipal separate

school district with added territory does not have a member who is
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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 county board of education of the county 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 county board of education of the adjacent county. The agreement must provide for the In the absence of such a

transportation of the student.

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. (b) 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 county

board of education of the adjacent county, 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
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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. SECTION 77. Section 37-57-1, Mississippi Code of 1972, is

amended as follows: 37-57-1. (1) (a) 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 county board of education of the appropriate county 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.

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(b)

For the purposes of this chapter and any other laws

pertaining to taxes levied or bonds or notes issued for and on behalf of school districts, the term "levying authority" means the board of supervisors of the county 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
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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. SECTION 78. Section 37-57-105, Mississippi Code of 1972, is

amended as follows: 37-57-105. (1) In addition to the taxes levied under

Section 37-57-1, the board of supervisors * * *, upon receipt of a certified copy of an order adopted by the county board of education 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 county, 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.
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In making such levy, the board of supervisors 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 county board of education. 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. 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), shall be subject to the provisions of this paragraph.
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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 county board of education requesting the levying of such tax shall be certified to the boards of supervisors of each of the counties involved, and each of the boards of supervisors shall levy the tax in the manner specified herein. The taxes so levied shall be

collected by the tax collector of the county 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,
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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 county board of education 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 county board of education. 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 county board of education 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 county board of education 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 county board of education. 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
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the stated increase requested by the county board of education 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. SECTION 79. Section 37-57-107, Mississippi Code of 1972, is

amended as follows: 37-57-107. 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 county board of education, 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. 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
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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 county board of education 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 county board of education by the board of trustees of the community college district under provisions of Section 37-29-272. The seven percent (7%) increase limitation prescribed in this section may be increased an additional amount only when the county board of education 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 county boards of education. 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.

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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 county board of education 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 Such excess funds

funds and invest the same as authorized by law.

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 Under no

reduced by the amount of excess funds available.

circumstances shall such excess funds be expended during the fiscal year in which such excess funds are collected. 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. SECTION 80. Section 37-59-3, Mississippi Code of 1972, is

amended as follows: 37-59-3. The county board of education is authorized to

issue negotiable bonds of such school district to raise money for the following purposes: (a) 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. (b) Establishing and equipping school athletic fields

and necessary facilities connected therewith, and purchasing land therefor.

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(c)

Providing necessary water, light, heating, air

conditioning and sewerage facilities for school buildings, and purchasing land therefor. (d) 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 county board of education of such school district to spend the money for the purposes for which said money is raised. SECTION 81. Section 37-59-11, Mississippi Code of 1972, is

amended as follows: 37-59-11. (1) Before any money shall be borrowed under the

provisions of this chapter, the county board of education 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 county board of

education 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
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and the purpose or purposes for which they are to be issued, the county board of education 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. (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 county board of education 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. SECTION 82. Section 37-59-13, Mississippi Code of 1972, is

amended as follows: 37-59-13. 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 county board of education 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
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required time in some newspaper having a general circulation in such school district. SECTION 83. Section 37-59-17, Mississippi Code of 1972, is

amended as follows: 37-59-17. 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 county board of education, it shall be the duty of such county board of education 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 county board of education 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 county board of education shall deem best. SECTION 84. Section 37-59-19, Mississippi Code of 1972, is

amended as follows: 37-59-19. 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 county board of education, praying for the issuance of bonds for any of the purposes enumerated in Section 37-59-3, the county board of education 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
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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 county board of education 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. SECTION 85. Section 37-59-23, Mississippi Code of 1972, is

amended as follows: 37-59-23. The board of supervisors * * *, acting for and on

behalf of the countywide school district, shall annually levy a special tax upon all of the taxable property within such county, 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. 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. SECTION 86. Section 37-59-27, Mississippi Code of 1972, is

amended as follows:
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37-59-27.

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) of the 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. bond shall bear more than one (1) rate of interest. Each bond No

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.
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Each interest rate specified

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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 county board of education issuing such bonds. Such bonds shall be executed by the

manual or facsimile signature of the president of the county board of education and the county superintendent of education, with the official seal or facsimile thereof of such school district affixed thereto. At least one (1) signature on each bond shall be a The

manual signature, as specified in the issuing resolution.

coupons may bear only the facsimile signatures of such president of the county board of education and county superintendent of education. 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 county board of education and the county superintendent of education 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 county board of education. SECTION 87. Section 37-59-29, Mississippi Code of 1972, is

amended as follows: 37-59-29. 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 county board of

education or any member thereof, or any other officer, shall willfully divert or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such
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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 Any member of such

his official bond for the amount so diverted.

county board of education 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. SECTION 88. Section 37-59-31, Mississippi Code of 1972, is

amended as follows: 37-59-31. 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 county board of education 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 county board of education 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
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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. 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 The

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 (v) 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 county board of education 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 county board of education shall be authorized to issue said bonds
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for the purpose or purposes as amended, altered and changed; otherwise, the bonds shall be issued for the purpose or purposes originally specified. SECTION 89. Section 37-59-35, Mississippi Code of 1972, is

amended as follows: 37-59-35. 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 county board of education 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 county board of education, 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. SECTION 90. Section 37-59-37, Mississippi Code of 1972, is

amended as follows: 37-59-37. The county board of education 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
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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 county board of education 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

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anticipation of the collection of taxes for the retirement of such bonded indebtedness and the payment of any interest thereon. SECTION 91. Section 37-59-43, Mississippi Code of 1972, is

amended as follows: 37-59-43. (1) Whenever any countywide 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 county board of education 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 The

deposit and interest-bearing accounts may be negotiated.

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 county board of education, and the
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3573 3574 3575 3576 3577 3578 3579 3580 3581 3582 3583 3584 3585 3586 3587 3588 3589 3590 3591 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 3604

president of the county board of education, 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 county board of education 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 county board of education. 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

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or the interest income thereon in order to maintain their tax exempt status. SECTION 92. Section 37-59-101, Mississippi Code of 1972, is

amended as follows: 37-59-101. The county board of education 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. SECTION 93. Section 37-59-103, Mississippi Code of 1972, is

amended as follows: 37-59-103. Before any money shall be borrowed under the

provisions of this article, the county board of education 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.
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SECTION 94.

Section 37-59-105, Mississippi Code of 1972, is

amended as follows: 37-59-105. The said resolution adopted by the county board

of education 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 county board of education 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 county board of education 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 county board of education requesting that an election be called on the question of incurring said indebtedness, then the county board of education 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 county board of education. If three-fifths (3/5) of the qualified electors voting

in said election shall vote in favor of incurring said indebtedness, then the county board of education shall proceed to issue said negotiable notes or certificates of indebtedness as
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prayed for in the original resolution of the county board of education; 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. SECTION 95. Section 37-59-107, Mississippi Code of 1972, is

amended as follows: 37-59-107. The board of supervisors 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 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. 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 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
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interest upon such negotiable notes or certificates of indebtedness. SECTION 96. Section 37-59-109, Mississippi Code of 1972, is

amended as follows: 37-59-109. 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 county board of education 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. SECTION 97. Section 37-59-111, Mississippi Code of 1972, is

amended as follows: 37-59-111. 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
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behalf the money is borrowed.

Said notes or certificates of

indebtedness shall be signed by the president of the county board of education and county superintendent of education * * *. 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. such notes or certificates of indebtedness shall be issued and sold for less than par and accrued interest. All such notes or No

certificates of indebtedness shall mature according to the following: (a) 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. (b) 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
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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 county board of education, and same may be made payable at the office of any bank or trust company selected by the county board of education, 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. SECTION 98. Sections 37-57-131 and 37-57-133, Mississippi

Code of 1972, which provide for the levy and collection of ad valorem taxes in annexed territory, are hereby repealed. SECTION 99. Section 29-3-1.1, Mississippi Code of 1972, is

amended as follows:

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3801 3802 3803 3804 3805 3806 3807 3808 3809 3810 3811 3812 3813 3814 3815 3816 3817 3818 3819 3820 3821 3822 3823 3824 3825 3826 3827 3828 3829 3830 3831 3832 3833

29-3-1.1.

For purposes of this chapter, the following terms

shall have the meaning ascribed herein, unless the context shall otherwise require: (a) "Board of education" shall mean that county board

of education of the county in whose present jurisdiction (i) is situated a sixteenth section of land, or (ii) was originally situated a sixteenth section of land for which land has been granted in lieu thereof. Provided, however, that in the event a

sixteenth section is situated within two (2) or more counties, the term "board of education" shall mean that county board of education whose school district embraces the greatest land area within the township in which said sixteenth section is located. (b) "Superintendent of education" shall mean that

county superintendent of education of a county whose board of education has control and jurisdiction over any sixteenth section lands or lands granted in lieu thereof. SECTION 100. amended as follows: 37-61-3. The adequate education program allotments of the Section 37-61-3, Mississippi Code of 1972, is

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
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3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 3865 3866

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. SECTION 101. amended as follows: 37-61-9. (1) On or before the fifteenth day of August of Section 37-61-9, Mississippi Code of 1972, is

each year, the county board of education, with the assistance of the county superintendent of education, shall prepare and file with the board of supervisors of the county * * * 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 county board of education, with the assistance of the county superintendent of education, 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 county board of education 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.
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(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: 2300 = 2310 = 2320 = 2330 = 2500 = 2510 = 2520 = 2530 = 2540 = 2590 = Support Services - General Administration Board of Education Services Executive Administration Services Special Area Administration Services Business Services Fiscal Services Purchasing Services Warehousing and Distributing Services Printing, Publishing and Duplicating Services Other Support Services - Business

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

county board of education 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

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3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 3915 3916 3917 3918 3919 3920 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931

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. SECTION 102. amended as follows: 37-61-17. It shall be the duty of the State Auditor to Section 37-61-17, Mississippi Code of 1972, is

prescribe the forms for the budgets provided for in this chapter. It shall be the duty of such county superintendents of education and county boards of education 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. SECTION 103. amended as follows: 37-61-19. It shall be the duty of the county superintendents Section 37-61-19, Mississippi Code of 1972, is

of education and the county boards of education to limit the expenditure of school funds during the fiscal year to the resources available.
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It shall be unlawful for any school district

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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 county board of education, county

superintendent of education, 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 county board of education 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. SECTION 104. amended as follows: 37-61-21. (1) If it should appear to the county Section 37-61-21, Mississippi Code of 1972, is

superintendent of education or the county board of education 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 county board of education * * * 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 county superintendent of education or the county board of education that some function of the budget as filed is in excess of the requirement of that function and that
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3965 3966 3967 3968 3969 3970 3971 3972 3973 3974 3975 3976 3977 3978 3979 3980 3981 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3996 3997

the entire amount budgeted for such function will not be needed for expenditures therefor during the fiscal year, the county superintendent of education or the county board of education * * * 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 county board of education 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 county board of education of each county, 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. SECTION 105. amended as follows: 37-61-23. The county superintendent of education of each Section 37-61-23, Mississippi Code of 1972, is

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
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3998 3999 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029

desiring to inspect the same.

The books for each fiscal year

shall be kept separately and same shall be safely preserved by the county superintendent of education. SECTION 106. amended as follows: 37-61-27. If any member of the county board of education or Section 37-61-27, Mississippi Code of 1972, is

the county superintendent of education 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. SECTION 107. amended as follows: 37-151-5. (a) As used in Sections 37-151-5 and 37-151-7: "Adequate program" or "adequate education program" Section 37-151-5, Mississippi Code of 1972, is

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. (b) "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: (i) "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

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cost of acquisition of land whereon to construct or establish such school facilities. (ii) "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. (iii) "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. (iv) "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. (c) "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. (d) "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). (e) "Add-on program costs" shall mean those items which

are included in the adequate education program appropriations and are outside of the program calculations: (i) "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. (ii) "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.

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4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 district. (i)

(iii)

"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. (iv) "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. (v) "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. (vi) "Extended school year programs" shall mean

those programs authorized by law which extend beyond the normal school year. (vii) "University-based programs" shall mean those

university-based programs for handicapped children as defined and provided for in Section 37-23-131 et seq. (viii) "Bus driver training" programs shall mean

those driver training programs as provided for in Section 37-41-1. (f) "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. (g) "Principal" shall mean the head of an attendance

center or division thereof. (h) "Superintendent" shall mean the head of a school

"School district" shall mean any countywide school

district in the State of Mississippi, and shall include agricultural high schools. (j) "Minimum school term" shall mean a term of at least

one hundred eighty (180) days of school in which both teachers and
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pupils are in regular attendance for scheduled classroom instruction for not less than sixty percent (60%) of the normal school day. 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. (k) 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. (l) 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. (m) The term "year of teaching experience" shall mean

nine (9) months of actual teaching in the public or private schools. 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
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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. (n) The term "average daily attendance" shall be the

figure which 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, 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.

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(o)

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. (p) The term "aggregate amount of support from ad

valorem taxation" shall mean the amounts produced by the district's total tax levies for operations. (q) 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. (r) Education. (s) "Commission" shall mean the Mississippi Commission "Department" shall mean the State Department of

on School Accreditation created under Section 37-17-3. (t) 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. SECTION 108. (1) All references in the Mississippi Code of

1972 to "consolidated school district," "line consolidated school district," "municipal separate school district" or "special municipal separate school district" shall be construed to mean the single type of countywide school district authorized under this act. (2) All references in the Mississippi Code of 1972 to

"board(s) of trustees of consolidated, line consolidated, municipal separate or special municipal separate school districts" shall be construed to mean "county board(s) of education." (3) All references in the Mississippi Code of 1972 to

"superintendent of education of a consolidated, line consolidated, municipal separate or special municipal separate school district" shall be construed to mean the "county superintendent of education."
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4193 4194 4195 4196 4197 4198 4199 4200 4201 4202

SECTION 109.

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 110. 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.

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ST: Reorganization of all public school districts in MS; require one school district per county.