Bill Text: MS HB834 | 2014 | Regular Session | Comm Sub
Bill Title: School district administrative consolidation; require in Holmes County.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-14 - Failed [HB834 Detail]
Download: Mississippi-2014-HB834-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education
By: Representative Barker
House Bill 834
(COMMITTEE SUBSTITUTE)
AN ACT TO ESTABLISH A COMMISSION ON HOLMES-DURANT CONSOLIDATED SCHOOL DISTRICT STRUCTURE TO MAKE RECOMMENDATIONS TO THE 2015 REGULAR SESSION OF THE LEGISLATURE REGARDING THE METHOD FOR CONSOLIDATING THE COUNTY INTO ONE SCHOOL DISTRICT WITH ONE LOCAL SCHOOL BOARD; TO PROVIDE THAT IN HOLMES COUNTY THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION OF THE HOLMES COUNTY SCHOOL DISTRICT AND THE DURANT PUBLIC SCHOOL DISTRICT INTO ONE SCHOOL DISTRICT TO BE DESIGNATED AS HOLMES-DURANT CONSOLIDATED SCHOOL DISTRICT; TO AUTHORIZE AND DIRECT THE STATE BOARD OF EDUCATION TO DEVELOP AND PROMULGATE A CONSOLIDATION ORDER FOR THE SCHOOL DISTRICTS IN THE COUNTY UNDER CERTAIN STANDARDS; TO PROVIDE FOR THE SELECTION OF THE NEW BOARD OF TRUSTEES OF THE HOLMES-DURANT CONSOLIDATED SCHOOL DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO ADMINISTRATIVELY CONSOLIDATE ANY SCHOOL DISTRICT WHICH DOES NOT VOLUNTARILY FOLLOW THE CONSOLIDATION ORDER; TO ABOLISH THE FORMER SCHOOL BOARDS FOLLOWING THE ADMINISTRATIVE CONSOLIDATION AND PROVIDE FOR THE TRANSFER OF SCHOOL DISTRICT ASSETS AND LIABILITIES; TO PROVIDE FOR EXECUTION OF TEACHER AND SCHOOL DISTRICT EMPLOYEE CONTRACTS IN THE NEW SCHOOL DISTRICT AND TO PROVIDE FOR THE PREPARATION OF A SCHOOL DISTRICT BUDGET IN THE NEW SCHOOL DISTRICT; TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS TO IMPLEMENT SUCH ADMINISTRATIVE CONSOLIDATION; TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby created and established an advisory council to be known as the Commission on Holmes-Durant Consolidated School District Structure. It shall be the responsibility of the Commission on Holmes-Durant Consolidated School District Structure to review the current structure of the school districts and schools in Durant, Mississippi, and in Holmes County, Mississippi, and make recommendations on future actions of the provision and transition of service of the newly consolidated school district in order to improve both the quality of education and the efficiency with which it is delivered. The commission shall not decide the issue of whether or not the districts shall be consolidated. The commission shall be composed of nine (9) members as follows:
(a) The State Superintendent of Education, or his designee, who shall serve as Chairman of the Commission;
(b) Two (2) representatives of the Holmes County School District appointed by the Board of Education of the Holmes County School District and who may be members of the board;
(c) Two (2) representatives of the former Durant Public School District to be appointed by the State Superintendent of Education who may be members of the former school board;
(d) The Superintendents of Schools of the Holmes County School District and the Durant Public School District;
(e) The Mayor of the City of Durant, or his designee; and
(f) One (1) member of the Holmes County Board of Supervisors.
The Commission on Holmes-Durant Consolidated School District Structure shall meet within thirty (30) days of passage of this act upon the call of the State Superintendent of Education and shall hold hearings and meet as necessary and develop a report to the Legislature, the Governor and the State Board of Education on or before March 1, 2015, with recommendations to accomplish the following:
(a) Review the current structure of school districts and the location of schools in Durant, Mississippi, and Holmes County, Mississippi, and recommend how they can be consolidated into one (1) school district in order to improve both the quality of education and the efficiency at which it is delivered.
(b) Review the capital facility needs of both school districts and recommend methods of financing necessary improvements, including the possibility of pledging Mississippi Adequate Education Program funds for capital improvement purposes.
(c) Detail in the report how best to implement consolidation and make any other recommendations on how to maximize education quality in Durant and Holmes County while eliminating duplicative and wasteful administrative spending.
The commission shall have the authority to raise and to expend nonstate funds. The State Department of Education shall provide staff and such other support as the commission deems appropriate. After submitting its report on or before March 1, 2014, the commission shall be dissolved.
SECTION 2. (1) In Holmes County, Mississippi, in which are located, as of January 1, 2014, two (2) school districts, being designated as the Holmes County School District and the Durant Public School District, there shall be an administrative consolidation of those school districts in the county into one (1) new consolidated school district to be designated as Holmes-Durant Consolidated School District which shall consist of the territory of the former Durant Public School District and the Holmes County School District. The central administrative office of the Holmes-Durant Consolidated School District shall be located in Lexington, Mississippi.
(2) (a) On or before September 1, 2014, the State Board of Education shall serve the local school boards in Holmes County with notice and instructions regarding the timetable regarding the action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of the school districts in the county on or before July 1, 2016. In such county, there shall be a new county board of education elected in the November 2015 general election which shall be included on the ballot of candidates seeking, statewide elected offices and the new county board members shall be elected as provided in Section 37-5-7. It shall be the responsibility of the board of supervisors of such county to apportion the newly consolidated school district into five (5) new single member board of education districts which shall be consistent with the supervisors district lines in the county. All subsequent members elected to the board from the apportioned supervisors districts shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members. All elected members shall take office on the first Monday of January following the date of their election or appointment. The board of supervisors of the county shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each school district in the county, the new district lines will thereafter be effective for the November 2015 general election.
(b) Any school district affected by the required administrative consolidation in Holmes County that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective on July 1 following the November 2015 election of the new school board members. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into one (1) consolidated school district by July 1 following the selection of the new board of trustees. The affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the selection of the new school boards.
(3) (a) On July 1 following the selection of the new Board of Trustees of the Holmes-Durant Consolidated School District, the former county board of education for Holmes County and the former Board of Trustees of the Durant Public School District shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such former school district shall be transferred to the new reorganized school district of Holmes-Durant Consolidated School District in which such former school district is located.
(b) Each former school board shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor school board.
(c) The new Board of Trustees for the Holmes-Durant Consolidated School District shall appoint the superintendent of schools for the school district. The superintendent of schools for the Holmes-Durant Consolidated School District may appoint an assistant superintendent of schools for the district, but in no instance shall the administrative leadership of the Holmes-Durant Consolidated School District have more than one (1) assistant superintendent of education. The subsequent superintendent of schools of the consolidated school district shall not be elected, but shall thereafter be appointed by the successor board of trustees in the manner provided in Section 37-9-25. It shall be the responsibility of the successor board of trustees to prepare and approve the budget of the new consolidated district, and the successor board of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation.
(d) Any person or school district aggrieved by an order of the successor newly selected Board of Trustees of the Holmes-Durant Consolidated School District pursuant to the required administrative consolidation may appeal therefrom within ten (10) days from the date of the adjournment of the meeting at which such order is entered. The appeal shall be taken in the same manner as appeals are taken from judgments or decisions of the board of supervisors as provided in Section 11-51-75, the provisions of which shall be fully applicable to appeals taken hereunder. The Board of Trustees of the Holmes-Durant Consolidated School District shall not pass upon or approve or disapprove any such order until the time for an appeal therefrom has expired, nor shall the board pass upon or approve or disapprove any such order from which an appeal is taken until said appeal has been finally determined.
(4) Nothing in this section shall be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order. The effect of this consolidation shall ensure that a public school will continue to be located in Durant, Mississippi.
(5) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Holmes County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (7) of Section 25-15-9.
(6) For the initial two (2) years following the administrative consolidation required by this section, the State Department of Education may grant a waiver of accountability and state assessment requirements to the Holmes-Durant Consolidated School District for the student population enrolled therein from the former Durant Public School District when determining the new consolidated school district accreditation level on the performance and accountability rating model.
SECTION 3. Section 37-7-103, Mississippi Code of 1972, is amended as follows:
37-7-103. From and after
July 1, 1987, the school board of any school district shall have full
jurisdiction, power and authority, at any regular meeting thereof or at any
special meeting called for that purpose, to abolish such existing district, or
to reorganize, change or alter the boundaries of any such district. In
addition thereto, with the consent of the school board of the school district
involved, the school board may add to such school district any part of the
school district adjoining same, and with the consent of the school board of the
school district involved, may detach territory from such school district and
annex same to an adjoining district. Provided, however, that the consent of
the school board of the school districts involved in implementing the
provisions of Sections 37-7-104 * * *, * * *
37-7-104.2, * * * 37-7-104.3 or Section 1 of
this act shall not be required for the administrative consolidation of such
school districts pursuant to the order of the State Board of Education.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.
