Bill Text: MS HB1539 | 2026 | Regular Session | Introduced


Bill Title: School districts; require teachers and other licensed personnel to be paid on a semimonthly basis.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2026-02-03 - Died In Committee [HB1539 Detail]

Download: Mississippi-2026-HB1539-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Education

By: Representative Porter

House Bill 1539

AN ACT TO AMEND SECTIONS 37-9-39 AND 37-151-103, MISSISSIPPI CODE OF 1972, TO REQUIRE TEACHERS AND OTHER LICENSED PERSONNEL EMPLOYED BY SCHOOL DISTRICTS TO BE PAID ON A SEMIMONTHLY BASIS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-9-39, Mississippi Code of 1972, is amended as follows:

     37-9-39.  (1)  All school districts shall process a semimonthly payroll for licensed employees and may process a single monthly or a bimonthly payroll for nonlicensed employees, in the discretion of the local school board, consistent with the provisions of Section * * * 37‑157‑103(1) 37-151-103(1), except for December, when all salaries or wages for the month shall be paid by the last working day.  * * *Salaries or wages shall be paid at a minimum on a monthly basis.  The standard contract for school district employees prescribed by the State Board of Education shall provide that school district employees shall earn a salary payable in equal * * *monthly or bimonthly semimonthly installments beginning in the first month of employment, regardless of the number of days worked in any particular month by the employee.  Any employee failing to complete the contractual obligation of service, and who receives payment in excess of the installment for the period which such employee ceases employment with the school district, shall become liable immediately to the school board of the employing district for the sum of all amounts received in payment less the corresponding amount of any compensation paid for which service has been rendered, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his or her service.

     (2)  Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked.  Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.

     SECTION 2.  Section 37-151-103, Mississippi Code of 1972, is amended as follows:

     37-151-103.  (1)  Funds due each school district and charter school under the total funding formula provided in Sections 37-151-200 through 37-151-215 shall be paid in the following manner:  Two (2) business days prior to the last working day of each * * *month semimonthly payroll period, there shall be paid to each school district and charter school, by electronic funds transfer, * * *one‑twelfth (1/12) one twenty-fourth (1/24) of the funds to which the district or charter school is entitled from funds appropriated for total funding formula.  However, * * *in December those payments payment for both semimonthly payroll periods in December shall be made on December 15 or the next business day after that date.  All school districts shall process a * * *single monthly or a bimonthly semimonthly payroll for licensed employees and, in the discretion of the local school board, may process a single monthly or semimonthly payroll for nonlicensed employees, with electronic settlement of payroll checks secured through direct deposit of net pay for all school district employees.  In addition, the State Department of Education may pay school districts and charter schools under the total funding formula on a date earlier than provided for by this section if it is determined that it is in the best interest of school districts and charter schools to do so.

     However, if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts and charter schools in the state as determined by the State Superintendent of Public Education, the State Fiscal Officer shall not transfer the funds payable to any school district or districts or charter schools until money is available to pay the amount due to all districts and charter schools.

     (2)  Notwithstanding any provision of this chapter or any other law requiring the number of children in net enrollment or the net enrollment of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in net enrollment or the net enrollment of transported children occurs from one (1) year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one (1) county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one (1) county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in net enrollment or the net enrollment of transported children during the current school year as compared with the preceding year.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2026.


feedback