Bill Text: MS HB941 | 2016 | Regular Session | Introduced
Bill Title: School board; elect all at general state election for four-year term.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB941 Detail]
Download: Mississippi-2016-HB941-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education
By: Representatives Carpenter, Boyd, Staples
House Bill 941
AN ACT TO REQUIRE THE ELECTION OF ALL SCHOOL BOARD MEMBERS AT THE SAME TIME AS THE GENERAL STATE ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR ALL SCHOOL BOARD MEMBERS; TO AMEND SECTION 37-5-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARDS OF EDUCATION AT THE SAME TIME AS THE GENERAL STATE ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO AMEND SECTION 37-5-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-7-203, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF THE TRUSTEES OF THE MUNICIPAL SEPARATE SCHOOL DISTRICTS AND SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS AT THE SAME TIME AS THE GENERAL STATE ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO AMEND SECTION 37-7-207, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE BOARDS OF TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS AND LINE CONSOLIDATED SCHOOL DISTRICTS IN THE SAME MANNER AND AT THE SAME TIME AS THE GENERAL STATE ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THOSE OFFICES; TO AMEND SECTION 37-7-703, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF THE TRUSTEES OF THE COUNTYWIDE SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS AT THE SAME TIME AS THE GENERAL STATE ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO AMEND SECTION 37-7-713, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ELECTION OF THE TRUSTEES OF THE SPECIAL MUNICIPAL SCHOOL DISTRICTS THAT EMBRACE LESS THAN THE ENTIRE COUNTY AT THE SAME TIME AS THE GENERAL STATE ELECTION AND TO ESTABLISH A TERM OF FOUR YEARS FOR THAT OFFICE; TO REPEAL SECTIONS 37-7-204 AND 37-7-209 THROUGH 37-7-229, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR FILLING VACANCIES AND ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS, SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS, CONSOLIDATED SCHOOL DISTRICTS AND LINE CONSOLIDATED SCHOOL DISTRICTS; TO REPEAL SECTIONS 37-7-705 THROUGH 37-7-711, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE ADDITIONAL METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO BRING FORWARD SECTION 37-7-104, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE CONSOLIDATION OF CERTAIN COUNTY SCHOOL DISTRICTS UNDER CONSERVATORSHIP, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 37-7-104.1, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ADMINISTRATIVE CONSOLIDATION OF CERTAIN SCHOOL DISTRICTS IN BOLIVAR COUNTY, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 37-7-104.2, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ADMINISTRATIVE CONSOLIDATION OF ALL SCHOOL DISTRICTS IN CLAY COUNTY, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 37-7-104.3, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ADMINISTRATIVE CONSOLIDATION OF ALL SCHOOL DISTRICTS IN OKTIBBEHA COUNTY, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 2019, and every
four (4) years thereafter, an election shall be held in each county in this
state in the same manner and at the same time as the general
state * * *
election * * *
is held and conducted, * * * for the purpose of
electing the county boards of education established under the provisions of
this chapter. * * * All members of the county board of education * * *
shall take office
on the first Monday of January following the date of their election and
shall serve for a term of four (4) years. However, in order to provide for an
orderly transition, the term of each member of the board serving on July 1,
2019, which otherwise would expire after the first Monday in January 2020,
shall expire on the first Monday of January 2020. Each member of the board
whose term expires after July 1, 2019, but before the first Monday of January
2020, shall continue to serve for the remainder of the unexpired term, at which
time the vacancy shall be filled in the manner provided in Section 37-5-19.
(2) On the first Tuesday
after the first Monday in November 2016, and every four (4) years thereafter,
in any * * * county * * * electing to utilize the authority contained in Section
37-5-1(2), an election shall be held in * * * the same
manner and at the same time as the statewide general election is held and conducted,
for the purpose of electing the county * * * board of education in * * * that county. * * *
All members of the
county board of education shall take office on the first Monday of January
following the date of their election and shall serve for a term of four (4)
years. However, in order to provide for an orderly transition, the term of
each member of the board serving on July 1, 2019, that otherwise would expire
after the first Monday in January 2020, shall expire on the first Monday of
January 2020. Each member of the board whose term expires after July 1, 2019,
but before the first Monday of January 2020, shall continue to serve for the
remainder of the unexpired term, at which time the vacancy shall be filled in
the manner provided in Section 37-5-19.
SECTION 2. Section 37-5-19, Mississippi Code of 1972, is amended as follows:
37-5-19. Vacancies in the
membership of the county board of education shall be filled by appointment,
within sixty (60) days after the vacancy occurs, by the remaining members of
the county board of education. Said appointee shall be selected from the
qualified electors of the district in which the vacancy occurs, and shall serve
until the first Monday of January next succeeding the * * * special * * * election called by the election
commission, at which * * *general special election a member shall be elected to
fill the remainder of the unexpired term in the same manner and with the same
qualifications applicable to the election of a member for * * * a full term. However, if the
vacancy occurs more than ninety (90) days before the general state election,
the appointee shall serve until the first Monday of January next succeeding the
general state election, at which election a member will be elected to a new
term of office in the same manner and with the same qualifications applicable
to the election of a member for the full term. In the event the school
district is under conservatorship and no members of the county board of
education remain in office, the Governor shall call a special election to fill
the vacancies and said election will be conducted by the county election
commission.
In the event the vacancy occurs more than five (5) months prior to the next general state election and the remaining members of the county board of education are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify such disagreement to the county election commission. Upon the receipt of such a certificate by the county election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which said election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or county district offices. The person elected at such a special election shall serve for the remainder of the unexpired term.
SECTION 3. Section 37-7-203, Mississippi Code of 1972, is amended as follows:
37-7-203. (1) * * *
The boards of trustees of all municipal separate school
districts and all special municipal separate school districts created
under this chapter, either with or without added territory, shall consist of
five (5) members, each to be * * * elected for a term of * * *
four (4) years * * *. * * *
On the first Tuesday after the first Monday in November 2019, and every four (4) years thereafter, an election shall be held in each municipal separate school district and special municipal separate school district in this state, in the same manner and at the same time as the general state election is held and conducted, for the purpose of electing the members of the board of trustees. Each member of the board of trustees shall take office on the first Monday of January following the date of their election. The five (5) members of the board of trustees of the school district shall be elected from special trustee election districts by the qualified electors of the districts, as provided in this section. The governing authority of the municipality shall apportion the municipal separate school district or special municipal separate school district, including added territory, into five (5) special trustee election districts as nearly equal as possible according to population, incumbency and other factors pronounced by the courts before July 1, 2018. The municipal governing authority shall place upon its minutes the boundaries determined for the new five (5) trustee election districts and shall publish the same in a newspaper of general circulation within the school district for at least three (3) consecutive weeks. After having given notice of publication and recording the same upon the minutes of the municipal governing authority, the new district lines shall be effective. However, in order to provide for an orderly transition, the term of each member of the board of trustees serving on July 1, 2019, which otherwise would expire after the first Monday in January 2020, shall expire on the first Monday of January 2020. Each member of the board whose term expires after July 1, 2019, but before the first Monday of January 2020, shall continue to serve for the remainder of the unexpired term, at which time the vacancy shall be filled in the manner provided in subsection (2) of this section.
* * *
(2) * * * Vacancies in the membership of the board of
trustees of any municipal separate school district or special municipal
separate school district must be filled by appointment within sixty (60) days
after the vacancy occurs by the remaining members of the board of trustees.
The appointee must be selected from the qualified electors of the trustee
election district in which the vacancy occurs and shall serve until the first
Monday of January next succeeding the special election, called by the election
commission, at which special election a member shall be elected to fill the
remainder of the unexpired term in the same manner and with the same
qualifications applicable to the election of a member for a full term. The
president of the municipal governing authority shall certify to the Secretary
of State the fact of the appointment, and the person appointed shall be
commissioned by the Governor. However, if the vacancy occurs more than ninety
(90) days before the general state election, the appointee shall serve until
the first Monday of January next succeeding the general state election, at
which election a member will be elected to a new term of office in the same
manner and with the same qualifications applicable to the election of a member
for the full term.
If the vacancy occurs more than five (5) months before the next general state election and the remaining members of the board of trustees are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify the disagreement to the municipal governing authority. Upon the receipt of such a certificate, the president of the municipal governing authority shall make an order in writing directed to the commissioners of election, commanding an election to be held on the next regular special election day to fill the vacancy. The election commissioners shall require each candidate to qualify at least sixty (60) days before the date of the election. The election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in other municipal offices. The election commissioners shall give a certificate of election to the person elected and shall return to the Secretary of State a copy of the order of holding the election and showing the results, certified by the president of the municipal governing authority. The Governor shall commission the person elected at the special election, who shall serve for the remainder of the unexpired term.
However, if only one (1)
person qualifies to be a candidate within the time provided by law, the
commissioners of election shall certify to the municipal governing authority
that there is but one (1) candidate. The municipal governing authority shall
dispense with the election and shall appoint the candidate that is certified to
fill the unexpired term. The president of the municipal governing authority
shall certify to the Secretary of State the candidate that is appointed to
serve in the office, and the Governor shall commission that candidate. If no
person has qualified at least sixty (60) days before the date of the election,
the commissioners of election shall certify that fact to the municipal
governing authority, which shall dispense with the election and fill the
vacancy by appointment. The president of the municipal governing authority
shall certify to the Secretary of State the fact of the appointment, and the
Governor shall commission the person appointed.
* * *
SECTION 4. Section 37-7-207, Mississippi Code of 1972, is amended as follows:
37-7-207. (1) All school
districts reconstituted or created under the provisions of Article * * *
3 of this chapter, and
which lie wholly within one (1) county, but not including municipal separate
and countywide districts, shall be governed by a board of five (5) trustees.
The first board of trustees of such districts shall be appointed by the county
board of education, and the original appointments shall be so made that one (1)
trustee shall be appointed to serve until the first Saturday of March following
such appointments, one (1) for one (1) year longer, one (1) for two (2) years
longer, one (1) for three (3) years longer, and one (1) for four (4) years
longer. After such original appointments, the trustees of such school
districts shall be elected by the qualified electors of such school districts
in the manner provided for in * * * this
section and Section 37-7-225, with each trustee to be elected for a term of * * *
four (4) years.
The five (5) members of the board of trustees of such consolidated school
district shall be elected from special trustee election districts by the
qualified electors thereof, as herein provided. The board of trustees of any
such consolidated school district shall apportion the consolidated school
district into five (5) special trustee election districts. The board of
trustees of such school district shall place upon its minutes the boundaries
determined for the new five (5) trustee election districts. The board of
trustees shall thereafter publish the same in a newspaper of general
circulation within said school district for at least three (3) consecutive
weeks; and after having given notice of publication and recording the same upon
the minutes of the board of trustees, said new district lines shall thereafter
be effective.
On the first Tuesday after
the first Monday in November 2019, and every four (4) years thereafter,
in * * * each consolidated school district * * *, an election shall be held in * * *
the
same manner and at the same time as the general state election is held and
conducted, for the purpose of electing the board of trustees of such
district. At said election * * *, members of
the board shall be elected * * * for * * *
a term of * * *
four (4) years
each. However, in order to provide for an orderly transition, the term of
each member of the board serving on July 1, 2019, which otherwise would expire
after the first Monday in January 2020, shall expire on the first Monday of
January 2020. Each member of the board whose term expires after July 1, 2019,
but before the first Monday of January 2020, shall continue to serve for the
remainder of the unexpired term, at which time the vacancy shall be filled in
the manner provided in this paragraph. If no candidate receives a majority of
the votes cast at the election, a runoff shall be held three (3) weeks following
the date of the election between the two (2) candidates receiving the highest
number of votes on the first ballot. * * * All members of the said board of trustees shall
take office on the first Monday of January following the date of their
election. All vacancies which may occur during a term shall be filled by
appointment of the consolidated school district trustees, but the person so
appointed shall serve only until * * * first Monday of January
succeeding the special election called by the election commission * * *, at which time a
person shall be elected for the remainder of the unexpired term * * * in the same manner as a
trustee is elected for the full term then expiring. * * * The appointee shall be selected from
the qualified electors of the district in which the vacancy occurs. In the
event the school district is under conservatorship and no members of the board
of trustees remain in office, the Governor shall call a special election to
fill the vacancies and the said election will be conducted by the county
election commission.
(2) All school districts
reconstituted and created under the provisions of Article * * *
3 of this chapter, which
embrace territory in two (2) or more counties, but not including municipal
separate school districts, shall be governed by a board of five (5) trustees.
In making the original appointments, the several county boards of education
shall appoint the trustee or trustees to which the territory in such county is
entitled, and, by agreement between the county boards concerned, one (1) person
shall be appointed to serve until the first Saturday of March following, one
(1) for one (1) year longer, one (1) for two (2) years longer, one (1) for
three (3) years longer and one (1) for four (4) years longer. Thereafter, such
trustees shall be elected * * * in the manner provided for in * * * this
section and Section 37-7-225, for a term of * * * four (4) years. The five (5)
members of the board of trustees of such line consolidated school district
shall be elected from special trustee election districts by the qualified
electors thereof, as * * * provided
in this section. The existing board of trustees of such line consolidated
school district shall apportion the line consolidated school district into five
(5) special trustee election districts. The board of trustees shall place upon
its minutes the boundaries determined for the new five (5) trustee election
districts. The board of trustees shall thereafter publish the same in a
newspaper of general circulation within said school district for at least three
(3) consecutive weeks; and after having given notice of publication and
recording the same upon the minutes of the board of trustees, said new district
lines shall thereafter be effective. Provided, however, that in any line
consolidated school district encompassing two (2) or more counties created
pursuant to Laws, 1953, Extraordinary Session, Chapter 12, Section 8, in which,
as a condition precedent to the creation of said district, each county
belonging thereto was contractually guaranteed to always have at least one (1)
representative on said board, in order that said condition precedent may be
honored and guaranteed, in any year in which the board of trustees of such line
consolidated school district does not have at least one (1) member from each
county or part thereof forming such district, the board of trustees in such
district shall be governed by a board of a sufficient number of trustees to
fulfill this guarantee, five (5) of whom shall be elected from the five (5)
special trustee election districts which shall be as nearly equal as possible
and one (1) member trustee * * * elected at large from each county
not having representation on the elected board in the same manner and at the
same time as provided for the election of trustees under this section. In
such cases, the board of supervisors of each county shall make written
agreement to guarantee the * * * election of at
least one (1) representative from each county in the district, placing such
written agreement on the minutes of each board of supervisors in each county.
On the first Tuesday after
the first Monday in November 2019, and every four (4) years thereafter,
in * * * each line consolidated school district * * *, an election shall be held in * * *
the
same manner and at the same time as the general state election is held and
conducted for the purpose of electing the board of trustees of such
district. At said election, the * * * members shall
be elected * * * for terms of * * * four (4) years each. * * *
However, in order to provide
for an orderly transition, the term of each member of the board serving on July
1, 2019, which otherwise would expire after the first Monday in January 2020,
shall expire on the first Monday of January 2020. Each member of the board
whose term expires after July 1, 2019, but before the first Monday of January
2020, shall continue to serve for the remainder of the unexpired term, at which
time the vacancy shall be filled in the manner provided in this paragraph. If
no candidate receives a majority of the votes cast at the election, a runoff
shall be held three (3) weeks following the date of the election between the
two (2) candidates receiving the highest number of votes on the first ballot.
All members of the said board of trustees shall take office on the first Monday
of January following the date of their election. In all elections, the trustee
elected shall be a resident and qualified elector of the district entitled to
the representation upon the board, and he shall be elected only by the
qualified electors of such district. All vacancies which may occur during a
term of office shall be filled by appointment of the consolidated line school
district trustees, but the person so appointed shall serve only until the first
Monday of January next * * * succeeding the special election * * *
called by the election commission, at which time a person shall be elected for the
remainder of the unexpired term * * * in the same manner as the
trustee is elected for the full term then expiring. * * * In the event the school district is under
conservatorship and no members of the board of trustees remain in office, the
Governor shall call a special election to fill the vacancies and the said
election will be conducted by the county election commission.
SECTION 5. Section 37-7-703, Mississippi Code of 1972, is amended as follows:
37-7-703. In all such
special municipal separate school districts which embrace the entire county * * *, the board of trustees of such special
municipal separate school district shall be * * * elected in the manner
provided by subsection (1) of Section 37-7-203, and all of the provisions
thereof shall be fully applicable in all respects to the selection and
constitution of such board of trustees.
SECTION 6. Section 37-7-713, Mississippi Code of 1972, is amended as follows:
37-7-713. In all special
municipal separate school districts where the district embraces less than the
entire area of the county * * *and where the majority of the educable children of such district reside
outside the limits of the municipality,unless the governing authorities of the
municipality and the county provide for one (1) of the alternative methods of
organization as set out in Sections 37-7-715 and 37-7-717, the said
special municipal separate school district shall be governed by a board of
trustees * * * to be elected by the qualified electors of such
municipal separate school district * * * in the manner
provided by * * * Section 37-7-203(1). All vacancies which may occur
during a term of office shall be filled * * * in the manner provided in Section 37-7-203(2).
SECTION 7. Sections 37-7-204, 37-7-209, 37-7-211, 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 1972, which provide certain methods for filling vacancies and prescribe certain procedures for electing trustees of municipal and special municipal separate school districts and consolidated and line consolidated school districts, are repealed.
SECTION 8. Sections 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain additional methods for selecting trustees of special municipal separate school districts, are repealed.
SECTION 9. Section 37-7-104, Mississippi Code of 1972, is brought forward as follows:
37-7-104. (1) In any Mississippi county in which are located, as of February 8, 2012, three (3) school districts and only three (3) school districts, all of which are under conservatorship as defined by the Mississippi Department of Education as of February 8, 2012, there shall be an administrative consolidation of all of the school districts in the county into one (1) countywide school district with one (1) county board of education. The State Board of Education shall determine the school district(s) applicable to the provisions of this section and spread this finding on the minutes of its August 2012 meeting. On or before September 1, 2012, the State Board of Education shall serve the local school boards applicable to the provisions of this section, or the Mississippi Department of Education Conservator for each of the three (3) school districts, with notice and instruction regarding the action to be taken to comply with this section. In such county, there shall be a new county board of education elected in a November 2013 special election which shall be called for that purpose and the new county board members shall be elected as provided in Section 37-5-7, Mississippi Code of 1972. No previous board member shall be eligible to serve on the newly elected board. Provided, however, that it shall be the responsibility of the board of supervisors of such county to apportion the countywide school district into five (5) new single member board of education districts which shall be consistent with the supervisors district lines in said county. The board of supervisors of said county shall thereafter publish the same in some newspaper of general circulation within said county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the board of supervisors of said county, said new district lines will thereafter be effective for the November 2013 special election. If necessary, the county board of education of said county shall reapportion the board of education districts in accordance with applicable law as soon as practicable after the results of the 2020 decennial census are published and as soon as practicable after every decennial census thereafter. The new county board of education, with the written approval of the Mississippi Department of Education Conservator and the State Board of Education, shall provide for the administrative consolidation of all school districts in the county into one (1) countywide school district on or before July 1 next following the November 2013 election. The new county board of education shall serve as the school board for the county. Any school district affected by the required administrative consolidation that does not voluntarily consolidate with the new school district ordered by the county board of education shall be administratively consolidated by the State Board of Education with the countywide school district, to be effective on July 1 following the election of the new county board of education. The State Board of Education shall promptly move on its own motion to administratively consolidate any school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into one (1) countywide district by July 1 following the election of the new county board of education. All affected school districts shall comply with any consolidation order issued by the county board of education or the State Board of Education, as the case may be, on or before July 1 following the election of the new county board of education.
(2) On July 1 following the election of the new county board of education, the former county board of education and the former board of trustees of any municipal separate, or special municipal separate school district located in such county shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such county shall be transferred to the new reorganized school district of the county in which such school district is located. The Mississippi Department of Education Conservator and the State Board of Education shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor county board of education. The successor county board of education shall appoint the new county superintendent of education for the reorganized school district. The county superintendent of education of said reorganized school district shall not be elected but shall thereafter be appointed by the successor county board of education in the manner provided in Section 37-9-25. The superintendents of the former under-performing school districts located in the county shall not be eligible for appointment as the new superintendent. The selection of the appointed county superintendent of education and the assistant superintendent of education in the central administration office of the successor countywide school district shall be the responsibility of the successor county board of education with the approval of the Mississippi Department of Education Conservator and the State Board of Education. No such administratively consolidated school district shall have more than one (1) assistant superintendent of education. It shall be the responsibility of the successor county board of education, with approval of the Mississippi Department of Education Conservator and the State Board of Education, to prepare and approve the budget of the new reorganized districts, and the county board of education may use staff from the former school districts to prepare the budget. Any proposed order of the successor county board of education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be submitted and approved by the State Board of Education. The finding of the State Board of Education shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor county school board of education pursuant to the required administrative consolidation may appeal therefrom to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which such order is entered. Such appeal shall be de novo, and the finding of the State Board of Education upon such question shall be final and conclusive for the purpose of the approval or disapproval of the action by said county board of education.
(3) When any school district in such county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former school district from liability for the payment of the bonds or other indebtedness of such district and it shall be the duty of the board of supervisors of said county to levy taxes on the property of said district so abolished from year to year according to the terms of such indebtedness until same shall be fully paid.
(4) In the administratively consolidated countywide school district created under this section, the ad valorem tax rate shall be determined as set forth under Section 37-57-1 et seq.
(5) Nothing in this section shall be construed to require or restrict the closing of any school or school facility, unless such facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.
(6) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in a county pursuant to this section. When the orders of the successor county board of education adopting the boundaries of the successor countywide school district have been entered and are final, as approved by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the consolidated countywide school district.
SECTION 10. Section 37-7-104.1, Mississippi Code of 1972, is brought forward as follows:
37-7-104.1. (1) In Bolivar County, Mississippi, in which are located, as of January 1, 2012, six (6) school districts, there shall be an administrative consolidation of all of the school districts in the county into three (3) school districts as follows:
(a) One (1) existing school district which shall be the Cleveland School District;
(b) One (1) new consolidated school district to be designated as North Bolivar Consolidated School District which shall consist of the territory of the former North Bolivar School District and the Mound Bayou Public School District. The central administrative office of the North Bolivar Consolidated School District shall be located in Mound Bayou, Mississippi; and
(c) One (1) new consolidated school district to be designated as West Bolivar Consolidated School District which shall consist of the territory of the former West Bolivar School District, Shaw School District and Benoit School District. The central administrative office of the West Bolivar Consolidated School District shall be located in Rosedale, Mississippi.
(2) On or before September 1, 2012, the State Board of Education shall serve the local school boards in Bolivar County with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of all school districts in the county outside of the territory of Cleveland School District into North Bolivar Consolidated School District and West Bolivar Consolidated School District on or before July 1, 2014. In each new consolidated school district there shall be a new consolidated school district board of trustees elected in a November 2013 special election which shall be called by the Governor for that purpose. The new consolidated school district boards of trustees shall be elected and the terms of office established as provided in Section 37-7-207, Mississippi Code of 1972. The State Board of Education shall determine the boundary lines for the territory of the two (2) new school districts and shall spread a legal description of the new school districts on the minutes of its August 2012 meeting and shall serve the applicable school boards and the board of supervisors with an adequate legal description of these new boundaries. It shall be the responsibility of the State Board of Education with the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) to apportion the territory of the two (2) new school districts into five (5) new board of trustee election districts for each new school district. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in said county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each school district in the county, said new district lines will thereafter be effective for the November 2013 special election. Any school board member of the former school district residing in the proper election district shall be eligible for election to the new board of trustees for North Bolivar Consolidated School District or West Bolivar Consolidated School District. The local school board of each new school district shall reapportion the school board districts in accordance with the procedure described in Section 37-7-207, Mississippi Code of 1972, as is necessary as soon as practicable after the 2020 decennial census are published and as soon as practicable after every decennial census thereafter. Any school district affected by the required administrative consolidation in such county that does not voluntarily consolidate with the two (2) new school districts ordered by the State Board of Education shall be administratively consolidated by the State Board of Education with the appropriate school district in which such district is located, to be effective on July 1 following the election of the new local school boards. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into two (2) school districts by July 1 following the election of the new school boards. All affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the election of the new school boards.
(3) On July 1 following the election of the new school district boards of trustees in Bolivar County, the former county board of education and the former board of trustees of North Bolivar School District, Mound Bayou Public School District, West Bolivar School District, Shaw School District and Benoit School District shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such former school district shall be transferred to the new reorganized school district of Bolivar County in which such former school district is located. Each former school board shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor school boards. The new Board of Trustees for the North Bolivar Consolidated School District shall appoint the Superintendent of Schools for said school district, and the Board of Trustees for the West Bolivar Consolidated School District shall appoint the Superintendent of Schools for said school district. The subsequent superintendent of schools of said reorganized school districts shall not be elected but shall thereafter be appointed by the successor boards of trustees in the manner provided in Section 37-9-25. Any superintendent serving in the former school districts shall be eligible for appointment as a superintendent in North Bolivar Consolidated School District or West Bolivar Consolidated School District. North Bolivar Consolidated School District and West Bolivar Consolidated School District shall not have more than one (1) assistant superintendent. It shall be the responsibility of the successor boards of trustees to prepare and approve the budget of the respective new reorganized districts, and the successor boards of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor newly elected board of trustees of a consolidated school district pursuant to the required administrative consolidation may appeal therefrom to the State Board of Education within ten (10) days from the date of the adjournment of the meeting at which such order is entered. Such appeal shall be de novo, and the finding of the State Board of Education upon such question shall be final and conclusive for the purpose of the approval or disapproval of the action by said county board of education.
(4) When any school district in such county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former school district from liability for the payment of the bonds or other indebtedness of such district.
(5) Nothing in this section shall be construed to require the closing of any school or school facility, unless such facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.
(6) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Bolivar County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (7) of Section 25-15-9. When the orders of the State Board of Education adopting the boundaries of the successor school districts and the successor board of trustees election districts have been entered and are final, as directed by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines and election districts are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the successor school districts.
SECTION 11. Section 37-7-104.2, Mississippi Code of 1972, is brought forward as follows:
37-7-104.2. (1) In Clay County, Mississippi, in which are located, as of January 1, 2013, two (2) school districts, there shall be an administrative consolidation of all of those school districts in the county into one (1) new consolidated school district to be designated as West Point Consolidated School District which shall consist of the territory of the former Clay County School District and the West Point School District. The central administrative office of the West Point Consolidated School District shall be located in West Point, Mississippi.
(2) On or before September 1, 2013, the State Board of Education shall serve the local school boards in Clay County with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section. The State Board of Education shall provide for the administrative consolidation of the school districts in the county on or before July 1, 2015. In the new West Point Consolidated School District, there shall be a new board of trustees comprised of five (5) members selected as follows: (a) the Mayor and Board of Aldermen of the City of West Point shall appoint three (3) of the five (5) members, each to be selected for a term of four (4) years; and (b) two (2) members to be elected for a term of four (4) years by the electors of Clay County residing outside of the West Point corporate limits who shall be residents of that territory and who shall be elected in a November 2014 special election which shall be called by the Governor for that purpose. All subsequent members of the board elected from the territory outside of the West Point corporate limits shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members. All elected and appointed members shall take office on the first Monday of January following the date of their election or appointment. The State Board of Education, with the assistance of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), shall apportion the territory of the new consolidated school district located outside the West Point corporate limits into two (2) new single member board of trustee election districts. The State Board of Education shall thereafter publish the same in some newspaper of general circulation in the county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the school boards of each school district in the county, the new district lines will thereafter be effective for the November 2014 special election. Any school board member of the former school districts residing in the proper territory shall be eligible for appointment or election to the new Board of Trustees for West Point Consolidated School District.
Any school district affected by the required administrative consolidation in Clay County that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective on July 1 following the election of the new local school board. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into one (1) consolidated school district by July 1 following the selection of the new board of trustees. The affected school districts shall comply with any consolidation order issued by the State Board of Education on or before July 1 following the selection of the new school boards.
(3) On July 1 following the selection of the new Board of Trustees of the West Point Consolidated School District, the former county board of education and the former Board of Trustees of the West Point School District shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such former school district shall be transferred to the new reorganized school district of West Point Consolidated School District in which such former school district is located. Each former school board shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation with the consultation of the newly elected successor school board. The new Board of Trustees for the West Point Consolidated School District shall appoint the Superintendent of Schools for the school district. The Superintendent of Schools for the West Point Consolidated School District may appoint assistant superintendent(s) of schools for the district, but in no instance shall the administrative leadership of the West Point Consolidated School District exceed the number of assistant superintendents employed in the former West Point School District. The subsequent superintendent of schools of the reorganized school district shall not be elected, but shall thereafter be appointed by the successor board of trustees in the manner provided in Section 37-9-25. It shall be the responsibility of the successor board of trustees to prepare and approve the budget of the new reorganized district, and the successor board of trustees may use staff from the former school districts to prepare the budget. Any proposed order of the State Board of Education directing the transfer of the assets, real or personal property of an affected school district in the county, shall be final and conclusive for the purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor newly selected Board of Trustees of the West Point Consolidated School District pursuant to the required administrative consolidation may appeal therefrom within ten (10) days from the date of the adjournment of the meeting at which such order is entered. Said appeal shall be taken in the same manner as appeals are taken from judgments or decisions of the board of supervisors as provided in Section 11-51-75, Mississippi Code of 1972, the provisions of which shall be fully applicable to appeals taken hereunder. The Board of Trustees of the West Point Consolidated School District shall not pass upon or approve or disapprove any such order until the time for an appeal therefrom shall have expired, nor shall said board pass upon or approve or disapprove any such order from which an appeal is taken until said appeal shall have been finally determined.
(4) When any school district in the county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of that former school district from liability for the payment of the bonds or other indebtedness of such district.
(5) Nothing in this section shall be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.
(6) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Clay County pursuant to this section. The consolidated districts shall make an election within one (1) year of consolidation concerning the group term life insurance described in subsection (7) of Section 25-15-9. When the orders of the State Board of Education adopting the boundaries of the successor board of trustees election districts have been entered and are final, as directed by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines and election districts are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the successor school district.
(7) For the initial two (2) years following the administrative consolidation required by this section, the State Department of Education may grant a waiver of accountability and state assessment requirements to the West Point Consolidated School District for the student population enrolled therein from the former Clay County School District when determining the new consolidated school district accreditation level on the performance and accountability rating model.
SECTION 12. Section 37-7-104.3, Mississippi Code of 1972, is brought forward as follows:
37-7-104.3. (1) In Oktibbeha County, Mississippi, in which are located, as of January 1, 2013, two (2) school districts, there shall be an administrative consolidation of all of those school districts in the county into one (1) new countywide municipal separate school district to be designated as Starkville-Oktibbeha Consolidated School District which shall consist of the territory of the former Oktibbeha County School District and the Starkville School District, effective on July 1, 2015. Until June 30, 2015, preceding the effective date of the required administrative consolidation of school districts in the county, the Oktibbeha County School District shall remain in conservatorship, under the authority and control of the Mississippi Recovery School District of the State Department of Education. At such time that the administrative consolidation becomes effective, the central administrative office of the Starkville-Oktibbeha Consolidated School District shall be located in Starkville, Mississippi.
(2) (a) On or before July 1, 2014, the State Board of Education shall serve the local school board of the Starkville School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section.
(b) In the new consolidated school district there shall be a countywide municipal separate school district board of trustees, which shall consist of the existing members of the Board of Trustees of the Starkville School District. However, upon the first occurrence of a vacancy on the board as a result of an expired term of an appointed board member, that vacancy shall become an elected position and shall be filled by the election of a board member as follows: the 2016 expiring term board member shall remain in office until January 1, 2017. In November 2016, an election will be held for a board member who resides outside of the incorporated municipal limits in the manner prescribed in Section 37-7-203, and the elected board member will take office for a five-year term beginning January 1, 2017. Subsequent board members shall be selected in the manner prescribed in Section 37-7-203. The Board of Supervisors of Oktibbeha County shall publish notice of the school board elections in some newspaper of general circulation in the county for at least three (3) consecutive weeks.
(c) Any school district affected by the required administrative consolidation in the county that does not voluntarily consolidate as ordered by the State Board of Education shall be administratively consolidated by the State Board of Education, to be effective immediately upon action of the State Board of Education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into one (1) consolidated school district by July 1 following the motion to consolidate. The affected school districts shall comply with any consolidation order issued by the State Board of Education.
(3) On July 1, 2015, following the motion of State Board of Education to consolidate school districts in Oktibbeha County, the Oktibbeha County School District shall be abolished. All real and personal property which is owned or titled in the name of the school district located in such former school district shall be transferred to the Starkville-Oktibbeha Consolidated School District as of July 1, 2015. The Conservator of the Oktibbeha County School District is authorized and directed to execute and record all documents and conveyances necessary to convey title to all real and personal property of the Oktibbeha County School District to the Starkville-Oktibbeha Consolidated School District. The conservator is further authorized and directed to sign all documents and to take all actions necessary to assign contracts and other property, contract rights and obligations of the Oktibbeha County School District to the Starkville-Oktibbeha Consolidated School District. The Board of Trustees of the Starkville School District shall be responsible for establishing the contracts for operations, teachers, principals, clerical and administrative staff personnel for the 2015-2016 school year prior to July 1, 2015, and shall consult with the conservator for the establishment of contracts for teachers, principals, clerical and administrative staff personnel located in the former Oktibbeha County School District for the 2015-2016 school year. In order to prepare for the efficient staffing of the Starkville-Oktibbeha Consolidated School District, the Conservator of the Oktibbeha County School District and the Superintendent of the Starkville School District shall have full authority to nonrenew the employment contract of any teacher, principal, clerical or administrative staff located within their respective school districts for the 2015-2016 school year. The superintendent and assistant superintendent(s) of schools of the former Starkville School District shall continue to serve in like administrative capacities of the Starkville-Oktibbeha Consolidated School District, but in no instance shall the administrative leadership of the Starkville-Oktibbeha Consolidated School District exceed three (3) assistant superintendents to be appointed by the superintendent of the former Starkville School District. No superintendent serving in the former Oktibbeha County School District shall be eligible for appointment as a superintendent or assistant superintendent in the Starkville-Oktibbeha Consolidated School District. Likewise, no trustee serving in the former Oktibbeha County School District shall be eligible for election to the new Board of Trustees of the Starkville-Oktibbeha Consolidated School District. It shall be the responsibility of the board of trustees to prepare and approve the budget of the respective new reorganized district, and the board of trustees may use staff from the former school district to prepare the budget. Any transfer of the assets, real or personal property of the Oktibbeha County School District mandated by this section shall be final and conclusive for the purposes of the transfer of property required by this section to effectuate the administrative consolidation.
(4) Nothing in this section shall be construed to require the closing of any school or school facility, unless the facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.
(5) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in Oktibbeha County pursuant to the requirements of this section. Beginning with the insurance cafeteria plan year of November 1, 2014, the consolidated districts shall fall under all insurance plans and policies elected by the Starkville Public School District, including the group term life insurance described in Section 25-15-9(7).
(6) For the initial three (3) years following the administrative consolidation required by this section, the State Department of Education shall grant a waiver of accountability and state assessment requirements to the Starkville-Oktibbeha Consolidated School District, subject to the approval of the State Board of Education.
(7) As soon as practicable after March 31, 2015, the Conservator of the Oktibbeha County School District shall initiate the issuance of notes or certificates of indebtedness of the Oktibbeha County School District for the purpose of purchasing school buses, textbooks, computers and software and other equipment and fixtures for school facilities, and for any purposes enumerated in Section 37-59-3, Mississippi Code of 1972, and making repairs, alterations, utility upgrades and additions to two (2) elementary school buildings located in the Oktibbeha County School District in order to meet the same physical and educational standards as the elementary school buildings in Starkville, and to contribute funds to the Starkville School District for capital improvements to accommodate county school district students and increase capacity for the consolidation. The contribution of such funds to the Starkville School District is hereby authorized. Said notes or certificates of indebtedness shall be issued under the authority of Sections 37-59-101 through 37-59-115, Mississippi Code of 1972, including all notice requirements, however, the resolution as to the necessity for the issuance of the notes and the execution of the documents shall be made by the Conservator of the Oktibbeha County School District. The term of any notes or certificates of indebtedness issued under this section may not exceed the useful life of the financed project as determined according to the upper limit of useful life and depreciation guidelines established under the United States Internal Revenue Code and regulations. The levying authority for the Oktibbeha County School District, and after July 1, 2015, the levying authority for the Starkville-Oktibbeha Consolidated School District, shall annually levy a special tax on all taxable property of the former Oktibbeha County School District in an amount sufficient to pay the principal of and interest on such negotiable notes or certificates of indebtedness as the same shall respectively mature and accrue. Said tax shall be levied as provided in Section 37-59-107, Mississippi Code of 1972, except that the levy shall not exceed three (3) mills on the dollar for the payment of all notes that are subject to the levy under Section 37-59-107. Any notes or certificates of indebtedness issued pursuant to this subsection (7) shall become indebtedness of the new Starkville-Oktibbeha Consolidated School District from and after July 1, 2015, and the mandatory special ad valorem tax levied to pay the notes or certificates of indebtedness by the levying authority pursuant to Section 37-59-101, Mississippi Code of 1972, shall be levied upon all of the taxable property within the former Oktibbeha County School District.
(8) For a period beginning July 1, 2014, and ending June 30, 2015, the Conservator of the Oktibbeha County School District shall issue negotiable bonds of the Oktibbeha County School District for the purpose of purchasing school buses, textbooks, computers and software and other equipment and fixtures for school facilities, and making repairs, alterations and additions and utility upgrades, and for any purposes allowed by Section 37-59-3, Mississippi Code of 1972, to school facilities in the Oktibbeha County School District and in the Starkville School District to accommodate students in the former Oktibbeha County School District who will be attending school in the new Starkville-Oktibbeha Consolidated School District and the increased capacity needs under the consolidation. Said bonds shall be issued under the authority of Sections 37-59-1 through 37-59-45, however, the resolution as to the necessity for the issuance of the bonds and execution of the documents may be made by the Conservator of the Oktibbeha County School District. Provided further, that the conservator shall publish notice of the issuance of the bonds once each week for at least three (3) consecutive weeks in a newspaper having general circulation in the Oktibbeha County School District, with the first publication thereof to be made not less than fifteen (15) days prior to the date upon which the conservator is to take final action upon the question of authorizing the issuance of said bonds. If no petition requesting an election is filed prior to the date on which the conservator is to take final action on the issuance of the bonds, then the conservator shall authorize the issuance of the bonds. If at any time prior to the date on which the conservator takes final action upon the question of issuing such bonds a petition signed by not less than twenty percent (20%) of the qualified electors of the Oktibbeha County School District shall be filed with the Conservator of the Oktibbeha County School District requesting that an election be called on the question of issuing the bonds, then the conservator shall either rescind the resolution of intent or adopt a resolution calling an election to be held within the territory of the Oktibbeha County School District upon such question. The election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the question of bond issues under Sections 37-59-13, 37-59-15 and 37-59-17, and the results thereof shall be certified by the Oktibbeha County Election Commission to the Conservator of the Oktibbeha County School District. If three-fifths (3/5) of the qualified electors who voted in such election vote in favor of the issuance of such bonds, then the conservator shall authorize the Oktibbeha County School District to issue such bonds. Notwithstanding any provision to the contrary, the Oktibbeha County School District may issue bonds pursuant to this subsection (8) in an amount which, when added to all of the Oktibbeha County School District's then outstanding bonded indebtedness, shall not result in the imposition on any of the property in said district of an indebtedness for school purposes of more than twenty percent (20%) of the assessed value of the taxable property within said district, according to the then last completed assessment for taxation. Any bonds issued pursuant to this subsection (8) shall become indebtedness of the new Starkville-Oktibbeha Consolidated School District from and after July 1, 2015, and the mandatory special ad valorem tax to be levied by the levying authority pursuant to Section 37-59-23, Mississippi Code of 1972, to pay the bonds shall be levied only upon the taxable real property that was within the former Oktibbeha County School District. The tax for the bonds may not be imposed on the real property within the former Starkville School District.
(9) For a period beginning July 1, 2015, and ending July 1, 2024, the new Starkville-Oktibbeha Consolidated School District Board of Trustees may issue negotiable bonds of the Starkville-Oktibbeha Consolidated School District for the purpose of purchasing school buses, textbooks, computers and software and other equipment and fixtures for school facilities and for any purposes enumerated in Section 37-59-3, Mississippi Code of 1972. The term of any such bonds may not exceed the useful life of the financed project as determined according to the upper limit of useful life and depreciation guidelines established under the United States Internal Revenue Code and regulations. Said bonds shall be issued under the authority of Sections 37-59-1 through 37-59-45, including all notice and publication requirements, however, the necessity for the issuance of the bonds shall be made pursuant to a reverse referendum procedure to be followed by the Starkville-Oktibbeha Consolidated School District Board of Trustees as follows: the board of trustees shall publish notice of the issuance of the bonds once each week for at least three (3) consecutive weeks in a newspaper having general circulation in the Starkville-Oktibbeha Consolidated School District, with the first publication thereof to be made not less than fifteen (15) days prior to the date on which the board of trustees is to take final action authorizing the issuance of the bonds. If no petition requesting an election is filed prior to the date on which the board of trustees is to take final action on the issuance of the bonds, the board of trustees shall authorize the issuance of the bonds. If at any time prior to the date on which the board of trustees is to take final action authorizing the issuance of the bonds a petition signed by not less than twenty percent (20%) of the qualified electors of the Starkville-Oktibbeha Consolidated School District shall be filed with the Board of Trustees of Starkville-Oktibbeha Consolidated School District requesting that an election be called on the question of issuing the bonds, then the board of trustees shall, not later than its next regular meeting, adopt a resolution calling an election to be held within the Starkville-Oktibbeha Consolidated School District upon such question. The election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the question of bond issues under Sections 37-59-13, 37-59-15 and 37-59-17, and the results there shall be certified to the Starkville-Oktibbeha Consolidated School District Board of Trustees, as the case may be. If three-fifths (3/5) of the qualified electors who voted in such election vote in favor of the issuance of such bonds, then the board of trustees shall issue such bonds. Notwithstanding any provision to the contrary, the Starkville-Oktibbeha Consolidated School District may issue bonds pursuant to this subsection (9) in an amount which, when added to all of the Starkville-Oktibbeha Consolidated School District's then outstanding bonded indebtedness, shall not result in the imposition on any of the property in said district of an indebtedness for school purposes of more than twenty percent (20%) of the assessed value of the taxable property within said district, according to the then last completed assessment for taxation. Any bonds issued pursuant to this subsection (9) shall be indebtedness of the new Starkville-Oktibbeha Consolidated School District. The mandatory special ad valorem tax to be levied by the levying authority pursuant to Section 37-59-23, Mississippi Code of 1972, shall be levied on all taxable property of the Starkville-Oktibbeha Consolidated School District.
(10) From and after July 1, 2015, all outstanding debt of the former Oktibbeha County School District and the former Starkville School District shall be assumed by and become the debt of the new Starkville-Oktibbeha Consolidated School District. Any debt assumed by the Starkville-Oktibbeha Consolidated School District secured by a special ad valorem tax shall be secured by and payable from a special ad valorem tax levied on taxable property in the former Starkville School District and the former Oktibbeha County School District, by its respective levying authority. All debt secured by a pledge by either district of its education enhancement funds pursuant to Section 37-61-33, Mississippi Code of 1972, or by a pledge of its Mississippi Adequate Education Program funds will continue to be secured by and payable from the same funds after the debt is assumed by the Starkville-Oktibbeha Consolidated School District as of July 1, 2015. It is the intent of the Legislature that any such pledges will remain in effect and that the pledged funds will be available to the Starkville-Oktibbeha Consolidated School District to pay its debt to which the funds are pledged.
(11) It shall be the responsibility of the Board of Supervisors of Oktibbeha County to provide office, furnishing and utilities for the administrative Office of the Superintendent of the Starkville-Oktibbeha Consolidated School District.
(12) The new Starkville-Oktibbeha Consolidated School District is authorized and encouraged to develop a partnership with Mississippi State University to create a model rural education school to serve all sixth- and seventh-grade students from Oktibbeha County and a model prekindergarten program which shall also serve as a model for the education of teachers and administrators.
(13) The Board of Supervisors of Oktibbeha County shall be the "levying authority" for the Starkville-Oktibbeha Consolidated School District.
SECTION 13. This act shall take effect and be in force from and after July 1, 2016.
