MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education
By: Representative Boyd
House Bill 945
AN ACT TO LIMIT THE NUMBER OF SCHOOL DISTRICT
SUPERINTENDENTS IN EACH COUNTY TO ONE, WHO SHALL BE KNOWN AS THE "COUNTY
SUPERINTENDENT OF EDUCATION"; TO CREATE NEW SECTION 37-9-2, MISSISSIPPI
CODE OF 1972, TO PROVIDE THAT BEGINNING JULY 1, 2017, IN COUNTIES HAVING MORE
THAN ONE SCHOOL DISTRICT, EACH SCHOOL DISTRICT IN A COUNTY OTHER THAN THE
SCHOOL DISTRICT HAVING THE HIGHEST STUDENT ENROLLMENT SHALL BE UNDER THE
ADMINISTRATION OF AN ASSISTANT SUPERINTENDENT; TO CREATE NEW SECTION 37-7-102,
MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "SCHOOL BOARD" AND
"SUPERINTENDENT" AS USED IN THE CHAPTER OF THE CODE GOVERNING SCHOOL
DISTRICTS AND BOARDS OF TRUSTEES; TO AMEND SECTIONS 37-5-61, 37-5-71, 37-6-3
AND 37-9-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS
ACT; TO REPEAL SECTION 37-5-69, MISSISSIPPI CODE OF 1972, which abolishes the office of county
superintendent of education in certain counties; TO REPEAL SECTION 37-9-12,
MISSISSIPPI CODE OF 1972, which required
a referendum to be held in a certain school district in 1988 on the question of
whether to abolish or continue the office of county superintendent of
education; AND FOR RELATED PURPOSES.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
The following shall be codified as Section 37-9-2, Mississippi Code of 1972:
37-9-2. Beginning on
July 1, 2017, in all counties having more than one school district, there shall
be an assistant superintendent of schools for each school district in the
county other than the school district having the highest student enrollment,
which shall be under the administration of the county superintendent of
education. The assistant superintendent of schools shall be the head of the
school district and shall be selected in the same manner that the
superintendent was selected in that school district before July 1, 2017. The
assistant superintendent of a school district shall exercise all powers and
perform all duties which, before July 1, 2017, were prescribed by law for the
school district superintendents.
SECTION 2.
The following shall be codified as Section 37-7-102, Mississippi Code of 1972:
37-7-102. (1) As
used in this chapter, the term "school board" means: (a) the county
board of education of any
countywide school district in
this state; and (b) the board of trustees of any municipal separate, special
municipal separate, consolidated or line consolidated school district in this
state.
(2) As used in this
chapter, the term "superintendent" or "superintendent of schools"
means: (a) the county superintendent of education; and (b) the assistant
superintendent serving as the head of any municipal separate, special municipal
separate, consolidated or line consolidated school district in this state.
SECTION 3. Section
37-5-61, Mississippi Code of 1972, is amended as follows:
37-5-61. (1) There shall
be * * *a county
one (1) school district superintendent * * *of education, who shall be known as the
"county superintendent of education," in each county.
(2) Said superintendent
shall serve as the executive secretary of the * * *county school board of * * *education the school district having the
highest enrollment in the county, but shall have no vote in the proceedings
before the board and no voice in fixing the policies thereof.
(3) In addition, said
superintendent shall be the director of all schools in the county * * *school district which are outside the municipal separate
school districts.
(4) Except as otherwise
provided by law, said superintendent shall be elected at the same time and
in the same manner as other county officers are elected and shall hold office
for a term of four (4) years.
SECTION 4. Section
37-5-71, Mississippi Code of 1972, is amended as follows:
37-5-71. (1) The county
superintendents of education shall be elected in the manner prescribed by the
provisions of this chapter, unless the school district is being reconstituted
as provided in Section 37-17-13 or unless such office be made appointive as
provided in this chapter, in which case the county superintendent shall be
appointed by the * * *county
school board of * * *education
or by the trustees of a separate school district embracing an entire county
with a population of fifteen thousand (15,000) or less, as provided in
subsection (2) of Section 37-7-203. the school district having
the highest enrollment in the county. In all cases he shall have such
qualifications as prescribed by Section 37-9-13 and receive such compensation
as established under Section 37-9-37.
* * *(2) All qualified electors residing within any municipal
separate or special municipal separate school district shall not vote in the
election for the county superintendent of education:
(a)
In all counties of the second class which have a population, according to the
1960 federal decennial census of at least thirty-three thousand (33,000) and
less than thirty-four thousand (34,000), and having a city located therein
which is the Southern Division of the A.T.&S.F. Railroad Company;
(b)
In all counties of the fourth class which have a population, according to the
1960 federal decennial census, in excess of twenty-six thousand (26,000) and
less than twenty-seven thousand (27,000), and having located therein the
Mississippi State University of Agriculture and Applied Science;
(c)
In all counties of the first class which have a population, according to the
1960 federal decennial census, in excess of forty-six thousand (46,000) and
less than forty-seven thousand (47,000), and having located therein the
Mississippi University for Women;
(d)
In any county bordering on the Mississippi Sound and having a population in
excess of one hundred thousand (100,000), according to the 1960 federal
decennial census, and having an assessed valuation in excess of Seventy Million
Dollars ($70,000,000.00);
(e)
In any county having a population in excess of eight thousand (8,000) and less
than nine thousand (9,000), and having an assessed valuation in excess of Five
Million Dollars ($5,000,000.00) but less than Six Million Dollars
($6,000,000.00) in 1960;
(f)
In any county having a population in excess of twenty-two thousand (22,000) and
less than twenty-three thousand (23,000) in 1960, and having a total assessed
valuation in excess of Thirteen Million Dollars ($13,000,000.00) in 1960;
(g)
In any county having a population in excess of fifty-nine thousand (59,000) but
less than sixty thousand (60,000), according to the 1960 federal decennial
census;
(h)
In any county bordered on the east by the Alabama line and on the south by the
Mississippi Sound;
(i)
In any county where Mississippi Highway 35 crosses U.S. Highway 80 and whose
population, according to the 1960 regular census, was between twenty-one
thousand (21,000) and twenty-two thousand (22,000), and in which there are
located four (4) or more chicken packing plants, one (1) zipper plant and one
or more factories manufacturing Sunbeam electrical appliances;
(j)
In any county having a population of twenty-six thousand one hundred ninety-eight
(26,198) according to the 1970 census wherein Highways 51 and 84 intersect;
(k)
In any county having a municipal separate school district lying therein, having
a population in excess of twenty-one thousand (21,000) but less than twenty-one
thousand five hundred (21,500), according to the 1960 decennial census, and
having a combined assessed valuation in 1963 in excess of Sixteen Million Nine
Hundred Thousand Dollars ($16,900,000.00) but less than Seventeen Million
Dollars ($17,000,000.00) according to the State Tax Commission's compilation;
(l)
In any county where Mississippi Highway 15 crosses Mississippi Highway 16,
whose population was more than twenty thousand (20,000) and less than twenty-one
thousand (21,000), according to the regular 1960 census, and within which there
is located a Choctaw Indian reservation and school operated by the United
States government;
(m)
In any county where U.S. Highway 45W Alternate intersects Mississippi Highway
50, and having a population of eighteen thousand nine hundred thirty-three
(18,933), according to the 1960 federal census;
(n)
In any county having a population in excess of forty thousand five hundred
(40,500), according to the 1960 federal decennial census, wherein U.S. Highways
78 and 45 intersect, and wherein there is a United States fish hatchery;
(o)
In any county being traversed by Mississippi Highway 15 and U.S. Interstate
Highway 20;
(p)
In all counties wherein there is located a national military park and a
national cemetery;
(q)
In any county where U.S. Highway 82 crosses U.S. Interstate Highway 55 and
having a population of twelve thousand three hundred eighty-seven (12,387)
according to the 1990 federal decennial census;
(r)
In any county where U.S. Highway 49E and U.S. Highway 82 intersect, and having
a population of thirty-seven thousand three hundred forty-one (37,341)
according to the 1990 federal decennial census;
(s)
In any county bordering the Mississippi River on the west and with a population
of less than thirty-one thousand (31,000), according to the 2000 federal
decennial census, and with a county seat in which U.S. Highway 49 and U.S.
Highway 61 intersect.
In
any such county, however, the county superintendent of education may be a
resident of a municipal separate school district or special municipal separate
school district.
(3)
The qualified electors residing within the municipal separate school districts
shall not participate in the election of the county superintendent of
education:
(a)
In any county having a population of more than twenty-seven thousand (27,000)
and less than twenty-eight thousand (28,000) and containing therein a
municipality having a population in excess of three thousand (3,000), according
to the 1960 federal decennial census;
(b)
In any Class 1 county wherein is located a state-supported university and a
National Guard camp, and in which Interstate Highway 59 and U.S. Highway 49
intersect;
(c)
In any Class 4 county having two (2) judicial districts, wherein is partially
located a national forest, and wherein Mississippi Highways 8 and 15 intersect;
(d)
In any Class 2 county, the southern boundary of which partially borders on the
State of Louisiana, traversed by U.S. Highway 98 which intersects Mississippi
Highway 13, with a land area of five hundred fifty (550) square miles and
having a population of twenty-three thousand two hundred ninety-three (23,293)
in the 1960 federal decennial census;
(e)
In any county bordering on the Gulf of Mexico or the Mississippi Sound having
therein a test facility operated by the National Aeronautics and Space
Administration;
(f)
In any county having a population in excess of twenty-seven thousand one
hundred seventy-nine (27,179) according to the 1970 federal decennial census,
wherein U.S. Highways 45 and 72 intersect; and
(g)
In any Class 1 county bordering on the Pearl River in which U.S. Highway 80
intersects Mississippi Highway 18 and having a population, according to the
federal decennial census of 1970, of forty-three thousand nine hundred thirty-three
(43,933).
( * * *42) The county superintendent of
education * * *, with the
approval of the county board of education by its first having adopted a
resolution of approval and spread upon its minutes, shall be elected
from the county at large * * *, exclusive of the municipal separate school district boundaries:.
* * *(a) In any county bordering on the State of Tennessee
having a land area of seven hundred ten (710) square miles, wherein is located
part of a national forest, and wherein U.S. Highway 78 and Mississippi Highway
7 intersect;
(b)
In any Class 4 county wherein is located the state's oldest state-supported
university, in which Mississippi Highways 6 and 7 intersect. Provided,
however, that if the method of selecting the county superintendent of education
in such county is changed from an elective method to an appointive method,
pursuant to the provisions of Section 37-5-68, this paragraph (b) shall stand
repealed; and
(c)
In any county having a population in excess of seventeen thousand (17,000) and
less than eighteen thousand (18,000), according to the 1970 federal decennial
census, wherein Mississippi Highways 6 and 9 intersect.
(5)
In any county having a municipality of between forty-nine thousand (49,000) and
fifty thousand (50,000) population according to the 1960 federal census, and
adjoining the Alabama line, wherein U.S. Highways 80 and 45 intersect, the
qualified electors residing within any municipal separate school district shall
not participate in the election of the county superintendent of education, and
such county superintendent of education shall not be a resident of a municipal
separate school district.
(6)
In any county traversed by the Natchez Trace Parkway wherein U.S. Highway 45
and Mississippi Highway 4 intersect and having a population of seventeen
thousand nine hundred forty-nine (17,949) according to the 1960 federal census,
the qualified electors residing within any municipal separate school district
shall not participate in the election of the county superintendent of
education, and such county superintendent of education shall not be a resident
of a municipal separate school district.
SECTION 5. Section
37-6-3, Mississippi Code of 1972, is amended as follows:
37-6-3. (1) * * *From and after July 1, 1987, All school
districts in the State of Mississippi shall have the same prerogatives, powers,
duties and privileges as provided in this chapter.
(2) As used in this
chapter, the term "school board" shall mean: (a) the county
board of education of any countywide school district in this state; and (b) the
board of trustees of any municipal separate, special municipal separate,
consolidated or line consolidated school district in this state.
(3) As used in this
chapter, the term "superintendent" or "superintendent of
schools" shall mean: (a) the county superintendent of education * * *of any countywide school district in this state whose
duties require the supervision of students; and (b) the assistant
superintendent serving as the head of any municipal separate, special
municipal separate, consolidated or line consolidated school district in this
state.
* * *(4) (a) As used in this chapter, the term
"administrative superintendent" shall mean those countywide school
superintendents who do not supervise any instructional facility or students and
whose duties are prescribed in Section 37-9-16, Mississippi Code of 1972.
( * * *b4) * * *This subsection shall stand repealed from and after
January 1, 1992, and after such date From and after July 1, 2017,
all references to the "administrative superintendent" in this chapter
shall be construed to mean the "superintendent" or
"superintendent of schools" as defined in subsection (3) of this
section.
SECTION 6. Section
37-9-1, Mississippi Code of 1972, is amended as follows:
37-9-1. (1) For the
purposes of this chapter, the terms "superintendent" and
"principal" shall have such meaning * * *as are ascribed to them under the provisions of
Section * * * 37-19-1 37-151-5.
Beginning on July 1, 2017, the term "superintendent" includes the
county superintendent of education and any assistant superintendent of schools
serving as the head of a school district in those counties having more than one
(1) school district. The term "licensed employee" shall mean any
other employee of a public school district required to hold a valid license by
the Commission on Teacher and Administrator Education, Certification and
Licensure and Development. The term "non-instructional employee"
shall include all employees of school districts other than superintendents,
principals and licensed employees.
(2) Unless a statute in
this chapter specifically is made applicable to charter schools, the provisions
of this chapter only apply to public school districts, the employees of public
school districts and the public schools that are within those school districts.
SECTION 7. Section
37-5-69, Mississippi Code of 1972, which abolishes the office of county
superintendent of education in certain counties, is repealed.
SECTION
8. Section 37-9-12, Mississippi Code of 1972, which required a referendum
to be held in a certain school district in 1988 on the question of whether to
abolish or continue the office of county superintendent of education, is
repealed.
SECTION 9. This act
shall take effect and be in force from and after July 1, 2017.
