Bill Text: MS SB2038 | 2015 | Regular Session | Introduced

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Bill Title: School board members; all elected beginning with the November 2016 general election; appoint all local school superintendents.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [SB2038 Detail]

Download: Mississippi-2015-SB2038-Introduced.html

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MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education

By: Senator(s) Smith

Senate Bill 2038

AN ACT TO CODIFY SECTION 37-6-17, MISSISSIPPI CODE OF 1972, TO ENACT THE "NONPARTISAN SCHOOL BOARD ELECTION ACT"; TO PROVIDE THAT BEGINNING WITH THE NOVEMBER 2016 GENERAL ELECTION, THE MEMBERS OF THE COUNTY BOARDS OF EDUCATION, TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS, THE TRUSTEES OF CONSOLIDATED SCHOOL DISTRICTS AND THE TRUSTEES FROM THE SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS SHALL BE ELECTED IN A NONPARTISAN ELECTION CONCURRENT WITH THE FEDERAL ELECTION FOR THE PRESIDENT OF THE UNITED STATES; TO PROVIDE THAT THE TERMS OF OFFICE OF ALL SCHOOL BOARD MEMBERS SHALL BE FOUR YEARS; TO PROVIDE FOR NOMINATING PETITIONS TO RUN FOR THE OFFICE OF ELECTED SCHOOL BOARD MEMBERS AND A UNIFORM NUMBER OF SIGNATURES ON SAID PETITIONS OF NOMINATION; TO PROVIDE THE PROCEDURE FOR FILLING VACANCIES IN THE OFFICE OF ELECTED SCHOOL BOARD MEMBERS; TO AMEND SECTIONS 37-5-1, 37-5-3, 37-5-7, 37-5-9, 37-5-18, 37-5-19, 37-7-203, 37-7-207, 37-7-221, 37-7-223, 37-7-225, 37-7-227, 37-7-229 AND 37-7-703, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTIONS 37-7-204, 37-7-209, 37-7-211, 37-7-215, 37-7-217 AND 37-7-219, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR ELECTING TRUSTEES OF MUNICIPAL SEPARATE SCHOOL DISTRICTS FROM ADDED TERRITORY; TO REPEAL SECTIONS 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-713, 37-7-715 AND 37-7-717, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN METHODS FOR SELECTING TRUSTEES OF SPECIAL MUNICIPAL SEPARATE SCHOOL DISTRICTS; TO AMEND SECTIONS 37-9-13, 37-9-25 AND 37-5-61, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF ALL SUPERINTENDENTS OF SCHOOLS FROM AND AFTER JANUARY 1, 2016; TO AUTHORIZE A REFERENDUM ON THE QUESTION OF RETAINING THE OFFICE OF ELECTED COUNTY SUPERINTENDENT OF EDUCATION IN COUNTIES PURSUANT TO PETITION; TO REPEAL EFFECTIVE JANUARY 1, 2016, SECTIONS 37-5-61, 37-5-63, 37-5-65, 37-5-67, 37-5-69, 37-5-71 AND 37-5-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CHANGING THE POSITION OF COUNTY SUPERINTENDENT OF EDUCATION TO AN APPOINTED OFFICE PURSUANT TO PETITION AND REFERENDUM, PROVIDE FOR THE REESTABLISHMENT OF THE OFFICE AS AN ELECTIVE OFFICE, AUTHORIZE THE APPOINTMENT OF THE COUNTY SUPERINTENDENT OF EDUCATION IN CERTAIN COUNTIES, PROVIDE FOR THE SELECTION AND QUALIFICATIONS OF ELECTED SUPERINTENDENTS IN CERTAIN COUNTIES, PROVIDE FOR THE FILLING OF VACANCIES IN THE OFFICE OF ELECTED COUNTY SUPERINTENDENT OF EDUCATION, AND SECTION 37-9-12, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A REFERENDUM ON THE QUESTION OF RETAINING THE ELECTIVE METHOD OF CHOOSING THE 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 37-6-17, Mississippi Code of 1972:

     37-6-17.  (1)  This section shall be known as the "Nonpartisan School Board Election Act."  For purposes of this section, the term "school board member" shall mean and include members of the county boards of education, trustees of municipal separate school districts, trustees of consolidated school districts and line consolidated school districts, and trustees of special municipal separate school districts.

     (2)  On Tuesday after the first Monday in November 2016, and every four (4) years thereafter and concurrently with the federal election for the President of the United States, there shall be held a nonpartisan election for all local school board members, including members of the county boards of education, trustees of municipal separate school districts, trustees of consolidated school districts and trustees of special municipal separate school districts as provided under this section and applicable law.  The laws regulating the time and manner of conducting general elections shall, except as otherwise provided in this section, apply to and govern elections of school board members and trustees of the applicable school districts.  A school board member is a nonpartisan office.

     (3)  All incumbent school board members holding office on the effective date of this act shall continue holding their respective offices.  The term of office of all incumbent school board members holding office within a school district on the effective date of this act shall expire on January 1, 2017, but any such incumbent may qualify to run for a subsequent four-year term under the provisions of this section.

     (4)  In order for a person to be eligible to hold the office of school board member or the office of trustee of any school district, such person must be a bona fide resident and a qualified elector of the territory that the person is representing on the school board or board of trustees, and in the case of a school district lying in two (2) or more counties, such person must be a resident and a qualified elector of the territory entitled to such representation on the board as provided in Section 37-7-201.

     (5)  The name of any qualified elector who is a candidate for the county board of education, municipal school district board of trustees, consolidated school district board of trustees or special municipal school district board of trustees or elected added territory member of a municipal separate school district shall be placed on the ballot used in the general election for President of the United States by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within the appropriate school board district, as provided in Section 37-5-9, as the case may be.  Where there are less than one hundred (100) qualified electors in said area represented by the trustee, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors in said area.  The petition shall contain an affidavit certifying that all signatures are the personal signatures of each person whose name appears on the petition and that each person is a qualified elector.  The candidate who receives a majority of the votes cast in the election shall be declared elected.  If no candidate receives a majority of the votes cast in the district, then the two (2) candidates who receive the highest number of votes cast in the district shall have their names submitted as candidates in a runoff election three (3) weeks after the date of the general election, and the candidate who receives a majority of the votes cast in the district in the runoff election shall be declared elected.  If after the time for candidates to file the petition and affidavit provided for herein, there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.

     (6)  The names of candidates for school board election which appear on the ballot at the general election for President of the United States shall be grouped together on a separate portion of the ballot, clearly identified as nonpartisan school board member elections.  The names for school board members shall be listed in alphabetical order on any ballot and no reference to political party affiliation shall appear on any ballot with respect to any nonpartisan school board member or candidate.

     (7)  At any election for school board members, all qualified electors, regardless of party affiliation or lack thereof, residing with the appropriate school board election district shall be qualified to vote for candidates for school board members.

     (8)  Vacancies in the membership of the county board of education, municipal school district board of trustees, consolidated school district board of trustees, or special municipal separate school district board of trustees shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the applicable school board.  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 next general election, at which general 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 the full term as provided in Section 37-6-17.  In the event the school district is under conservatorship and no members of the applicable school board remain in office, the Governor shall call a special election to fill the vacancies and said election will be conducted by the county or municipal election commission, as the case may be.  In the event the vacancy occurs more than five (5) months prior to the next general election and the remaining members of the applicable school board are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify such disagreement to the county or municipal election commission, as the case may be.  Upon the receipt of such a certificate by the county or municipal 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 municipal offices.  The person elected at such a special election shall serve for the remainder of the unexpired term.

     SECTION 2.  Section 37-5-1, Mississippi Code of 1972, is amended as follows:

     37-5-1.  (1)  There is hereby established a county board of education in each county of the State of Mississippi.  Said county board of education shall consist of five (5) members, one (1) of which, subject to the further provisions of this chapter and except as is otherwise provided in Section 37-5-1(2), shall be elected by the qualified electors of each board of education district of the county, at the general election for President of the United States as provided in Section 37-6-17.  Except as is otherwise provided in Section 37-5-3, each member so elected shall be a resident and qualified elector of the district from which he is elected.

     (2)  The county board of education shall apportion the county school district into five (5) single member board of education districts.  The county board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts.  The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the board of education of said county, said new district lines will thereafter be effective.  The board of education of said county shall reapportion the board of education districts in accordance with the procedure described herein for the original apportionment of districts as soon as practicable after the results of the 2000 decennial census are published and as soon as practicable after every decennial census thereafter.

     (3)  In counties where the office of "administrative superintendent" as defined in Section 37-6-3, Mississippi Code of 1972, has been abolished, there shall be no county board of education.

     SECTION 3.  Section 37-5-3, Mississippi Code of 1972, is amended as follows:

     37-5-3.  No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education.  Qualified electors residing within a municipal separate school district or special municipal separate school district shall not be eligible to vote or participate in the election of members of the county board of education provided under Section 37-6-17.

     The provisions of this section shall be applicable in the case of a special municipal separate school district and a line consolidated school district of which another county is the home county which together occupy all of the territory of a supervisors district of the county.

     SECTION 4.  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 May, 1954, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter.  At such election, the members of the said board from Supervisors Districts One and Two shall be elected for the term expiring on the first Monday of January 1957; members of the board from Supervisors Districts Three and Four shall be elected for a term expiring on the first Monday of January 1959; and the member of the board from Supervisors District Five shall be elected for a term expiring on the first Monday of January 1955.  Except as otherwise provided in subsection ( * * *3), all subsequent members of the board shall be elected for a term of six (6) 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 of such board.  All members of the county board of education as herein constituted, shall take office on the first Monday of January following the date of their election.

     (2)  On the first Tuesday after the first Monday in November * * *, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2) 2016, and every four (4) years thereafter, an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties as provided in Section 37-6-17. * * *  At said election the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of (2) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each.

     (3)  All members of the county board of education shall be elected for a term of four (4) years and shall take office on the first Monday of January following the date of their election.

     SECTION 5.  Section 37-5-9, Mississippi Code of 1972, is amended as follows:

     37-5-9.  As specifically provided in Section 37-6-17, the name of any qualified elector who is a candidate for the county board of education shall be placed on the ballot used in the general elections by the county election commissioners. * * *, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district.  Where there are less than one hundred (100) qualified electors in said supervisors district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such supervisors district.  The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.

 * * * When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district.  The candidate who receives the highest number of votes cast in the election shall be declared elected.

     In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.

     SECTION 6.  Section 37-5-18, Mississippi Code of 1972, is amended as follows:

     37-5-18.  In any county bordering on the Mississippi Sound and having therein at least four (4) municipal separate school districts, each member of the county board of education established by Section 37-5-1 for such county shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner:

     The board of education of such a county shall apportion the county into five (5) board of education districts in the territory outside the municipal separate school districts and these board of education districts shall be divided as nearly equal as possible according to population, incumbency and other factors heretofore pronounced by the courts.  The board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts.  The board of education of said county shall thereafter publish the same in some newspaper of general circulation within said county for at least three (3) consecutive weeks and after having given notice of publication and recording the same upon the minutes of the board of education of said county, said new district lines will thereafter be effective.

The members of the county board of education of the county described in this section shall be elected in the manner provided in Section 37-6-17.

 * * *All incumbents now holding office within the district as presently constituted shall continue holding their respective offices provided they reside within the new district for the remainder of the term of office to which they have heretofore been elected and all members from the respective district shall be elected from the new board of education district constituted as herein provided in the same manner provided by law for the election of members of the county board of education.  Any vacancies in the office, whether occasioned by redistricting or by other cause, shall be filled in the manner presently provided by law for the filling of vacancies.

     SECTION 7.  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 next general election, at which general 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 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 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. in the manner provided in Section 37-6-17(8).

     SECTION 8.  Section 37-7-203, Mississippi Code of 1972, is amended as follows:

     37-7-203.  (1) * * *  Except as otherwise provided in subsection (3) of this section,  The boards of trustees of all municipal separate school districts created under this chapter, either with or without added territory, shall consist of five (5) members. * * *, each to be chosen for a term of five (5) years, but so chosen that the term of office of one (1) member shall expire each year.  In the event the added territory of a municipal separate school district furnishes fifteen percent (15%) or more of the pupils enrolled in the schools of such district, then at least one (1) member of the board of trustees of such school district shall be a resident of the added territory outside the corporate limits.  In the event the added territory of a municipal separate school district furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then not more than two (2) members of the board of trustees of such school district shall be residents of the added territory outside the corporate limits.  In the event the added territory of a municipal separate school district in a county in which Mississippi Highways 8 and 15 intersect furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then the five (5) members of the board of trustees of such school district shall be elected at large from such school district for a term of five (5) years each except that the two (2) elected trustees presently serving on such board shall continue to serve for their respective terms of office.  The three (3) appointed trustees presently serving on such board shall continue to serve until their successors are elected in March of 1975 in the manner provided for in Section 37-7-215.  At such election, one (1) trustee shall be elected for a term of two (2) years, one (1) for a term of three (3) years and one (1) for a term of five (5) years.  Subsequent terms for each successor trustee shall be for five (5) years.  In the event one (1) of two (2) municipal separate school districts located in any county with two (2) judicial districts, District 1 being comprised of Supervisors Districts 1, 2, 4 and 5, and District 2 being comprised of Supervisors District 3, with added territory embraces three (3) full supervisors districts of a county, one (1) trustee shall be elected from each of the three (3) supervisors districts outside the corporate limits of the municipality.  In the further event that the territory of a municipal separate school district located in any county with two (2) judicial districts, District 1 being comprised of Supervisors Districts 1, 2, 4 and 5, and District 2 being comprised of Supervisors District 3, with added territory embraces four (4) full supervisors districts in the county, and in any county in which a municipal separate school district embraces the entire county in which Highways 14 and 15 intersect, one (1) trustee shall be elected from each supervisors district.  On the first Tuesday after the first Monday in November 2016, and every four (4) years thereafter, an election shall be held in each municipal separate school district in this state, in the same manner and at the same time as the federal election for President of the United States is held as provided in Section 37-6-17, for the purpose of electing the members of the boards of trustees established under the provisions of this chapter.  All members of the boards of trustees as herein constituted 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.  The five (5) members of the board of trustees of such school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided.  The board of trustees of such school district shall apportion the 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 heretofore pronounced by the courts.  The board of trustees shall place upon its minutes the boundaries determined for the new five (5) special 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.  All incumbent trustees holding office at the time of the creation of such trustee election districts shall continue holding their respective offices, provided they reside within the new district, for the remainder of the term of office to which they have heretofore been selected, and their successors shall be elected from the new trustee election districts constituted herein in the manner provided for in this section.

 * * * Except as otherwise provided herein, the trustees of such a municipal separate school district shall be elected by a majority of the governing authorities of the municipality at the first meeting of the governing authorities held in the month of February of each year, and the term of office of the member so elected shall commence on the first Saturday of March following.  In the case of a member of the board of trustees who is required to come from the added territory outside the corporate limits as is above provided, such member of the board of trustees shall be elected by the qualified electors of the school district residing in such added territory outside the corporate limits at the same time and in the same manner as is otherwise provided in this article for the election of trustees of school districts other than municipal separate school districts.

In the event that a portion of a county school district is reconstituted, in the manner provided by law, into a municipal separate school district with added territory and in the event that the trustees to be elected from the added territory are requested to be elected from separate election districts within the added territory, instead of elected at large, by the Attorney General of the United States as a result of and pursuant to preclearance under Section 5 of the Voting Rights Act of 1965, as amended and extended, and in the event the added territory of a municipal separate school district of a municipality furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then two (2) members of the board of trustees shall be residents of the added territory outside the corporate limits of such municipality and shall be elected from special trustee election districts by the qualified electors thereof as herein provided.  The board of trustees of the school district shall apportion the added territory into two (2) special trustee election districts as nearly as possible according to population and other factors heretofore pronounced by the courts.  The board of trustees of the school district shall thereafter publish the same in a newspaper of general circulation within that school district for at least two (2) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of trustees of the school district, the new district lines shall thereafter be effective.  Any person elected from the new trustee election districts constituted herein shall be elected in the manner provided for in Section 37-7-215 for a term of five (5) years.  Any vacancy in the office of a trustee elected from such trustee election district, whether occasioned by redistricting or by other cause, shall be filled by appointment of the governing authorities of the municipality, provided that the person so appointed shall serve only until the next general election following his appointment, at which time a person shall be elected for the remainder of the unexpired term in the manner provided in Section 37-7-215.

In any county organizing a countywide municipal separate school district after January 1, 1965, the trustees thereof to be elected from outside the municipality, such trustees shall be elected by the board of supervisors of such county, and the superintendent of such school district shall have authority to pay out and distribute the funds of the district.  In the event a municipal separate school district should occupy territory in a county other than that in which the municipality is located and fifteen percent (15%) or more of the pupils enrolled in the schools of such district shall come from the territory of the district in the county other than that in which the municipality is located, the territory of such county in which the municipality is not located shall be entitled to one (1) member on the board of trustees of such school district.  The trustee shall be a resident of the territory of that part of the district lying in the county in which the municipality is not located and shall be elected by the qualified electors of the territory of such county at the same time and in the same manner as is provided for the election of trustees of school districts other than municipal separate school districts having territory in two (2) or more counties.

All vacancies shall be filled for the unexpired terms by appointment of the governing authorities of the municipality; except that in the case of the trustees coming from the added territory outside the corporate limits, the person so appointed shall serve only until the next general election following his appointment, at which time a person shall be elected for the remainder of the unexpired term in the manner otherwise provided herein.

No person who is a member of such governing body, or who is an employee of the municipality, or who is a member of the county board of education, or who is a trustee of any public, private or sectarian school or college located in the county, inclusive of the municipal separate school district, or who is a teacher in or a trustee of the school district, shall be eligible for appointment to the board of trustees.

     (2) * * *  In counties of less than fifteen thousand (15,000) people having a municipal separate school district with added territory which embraces all the territory of a county, one or more trustees of the school district shall be nominated from each supervisors district upon petition of fifty (50) qualified electors of that supervisors district, or twenty percent (20%) of the qualified electors of such district, whichever number shall be smaller.  One (1) trustee must be elected from each supervisors district of the county.  In such counties embraced entirely by a municipal separate school district, there shall be no county board of education after the formation of such district, and the county superintendent of education shall act as superintendent of schools of the district and shall be appointed by the board of trustees of that district, and the provisions of subsection (1) of this section and the first paragraph of Section 37-7-211 shall not apply to such districts.  Vacancies in the membership of the board of trustees of any municipal separate school district shall be filled in the manner provided in Section 37-6-17(8).

 * * * (3)  In municipalities designated as having a mayor-council form of government under Chapter 8, Title 21, Mississippi Code of 1972, and having a population in excess of one hundred thousand (100,000) according to the 2000 decennial census, the boards of trustees of the municipal separate school district located in the municipality may, if authorized by ordinance of the municipal governing authority, consist of seven (7) members residing in each of the seven (7) wards in the municipality, to be appointed by the mayor and confirmed by the city council as follows:  (a) each board member shall reside in the ward from which he is appointed; (b) members serving on March 31, 2010, shall continue to serve until a new term commences and new members shall be selected from wards not currently represented on the board; (c) one (1) of the two (2) additional appointments shall serve a term of five (5) years and one (1) for a term of four (4) years, with all subsequent appointments for a five-year term; and (d) each new appointment shall be made by the mayor and confirmed by the city council of the municipality at the first meeting of the governing authorities held in the month of June following March 31, 2010, and thereafter each year, and the term of office of each member so selected shall commence on the first Saturday of July following.

     SECTION 9.  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 1 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 Sections 37-7-223 through 37-7-229, with each trustee to be elected for a term of five (5) years.  Provided, however, that beginning with the November 2016 federal election for President of the United States, the trustees of such school districts shall be elected at the time and in the manner provided in Section 37-6-17 for terms 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, in any year in which any consolidated school district shall elect to utilize the authority to create single member election districts, an election shall be held in each such district in this state for the purpose of electing the board of trustees of such district.  At said election the member of the said board from District One shall be elected for a term of one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of five (5) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each.  Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229.  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 the next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as a trustee is elected for the full term then expiring.  The person so elected to the unexpired term shall take office immediately.  Said 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. in the manner provided in Section 37-6-17(8).

     (2)  All school districts reconstituted and created under the provisions of Article 1 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 as is provided for in Sections 37-7-223 through 37-7-229, for a term of five (5) years.  Provided, however, that beginning with the November 2016 federal election for President of the United States, the members of such line consolidated school district board of trustees shall be elected at the time and in the manner provided in Section 37-6-17 for terms 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 herein provided.  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 appointed at large from each county not having representation on the elected board.  In such cases, the board of supervisors of each county shall make written agreement to guarantee the manner of appointment 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, in any year in which any line consolidated school district shall elect to utilize the authority to create single member election districts, an election shall be held in each such district in this state for the purpose of electing the board of trustees of such district.  At said election the member of the said board from District One shall be elected for a term of one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of five (5) years.  Thereafter, members shall be elected at general elections as vacancies occur for terms of five (5) years each.  Trustees elected from single member election districts as provided above shall otherwise be elected as provided for in Sections 37-7-223 through 37-7-229.  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 in the manner provided in Section 37-6-17.  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 next general election following such appointment, at which time a person shall be elected for the remainder of the unexpired term at the same time and in the same manner as the trustee is elected for the full term then expiring.  The person so elected to the unexpired term shall take office immediately.  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. in the manner provided in Section 37-16-7(8).

     SECTION 10.  Section 37-7-221, Mississippi Code of 1972, is amended as follows:

     37-7-221.  The election of consolidated or consolidated line school district trustees shall be held in the manner provided for in * * *Sections 37-7-223 through 37-7-229 Section 37-6-17 rather than the method now provided by Sections 37-7-209 through 37-7-219.

     SECTION 11.  Section 37-7-223, Mississippi Code of 1972, is amended as follows:

     37-7-223.  All elections of consolidated or consolidated line school district trustees shall be held * * * on the first Tuesday after the first Monday in November of each year in the same manner as general state and county elections are held and conducted concurrently with the federal election for President of the United States as provided in Section 37-6-17.

     SECTION 12.  Section 37-7-225, Mississippi Code of 1972, is amended as follows:

     37-7-225.  The county election commissioners shall place the name of any person eligible to hold the office of trustee on the ballot used in the election, provided that such candidate shall have filed with the county registrar * * *, not more than ninety (90) days and by 5:00 p.m. not less than sixty (60) days prior to the date of such election, a petition of nomination signed by * * *not less than fifty (50) qualified electors of the school district in the manner provided in Section 37-6-17. * * *  Where there are less than one hundred (100) qualified electors in said district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such school district.  If such person be a candidate for an unexpired term, he shall indicate the term for which he is a candidate in such petition; otherwise he shall be deemed to be a candidate for a full term.

 * * * If after the time for candidates to file the petition of nomination provided for herein there should be only one (1) person to qualify for the office of trustee, then no election or notice of election shall be necessary and such person shall, if otherwise qualified, be declared elected without opposition.

     SECTION 13.  Section 37-7-227, Mississippi Code of 1972, is amended as follows:

     37-7-227. * * *The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms.  The candidate who receives a majority of the votes cast * * *either for a full term or for an unexpired term or terms, as indicated on the ballot, shall be declared elected, and the person or persons elected to a full term shall assume the duties of his office on the first day of January of the year following such election. * * *The person or persons elected to an unexpired term(s) shall assume office immediately.  If no candidate receives a majority of the votes cast at the election, a runoff shall be held in the same manner three (3) weeks after the election between the two (2) candidates receiving the highest number of votes upon the first ballot, as specifically provided in Section 37-6-17.

 * * * (2)  Notwithstanding any other provision of law, if an election for school board trustees occurs on a Tuesday, during a general election, any runoff for such election shall occur three (3) weeks after the election.

     SECTION 14.  Section 37-7-229, Mississippi Code of 1972, is amended as follows:

     37-7-229.  For the purpose of holding such election, it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar a list of the qualified electors of the school district in which such election is to be held who are eligible to participate in such election.  Such list shall be furnished to the election managers in each precinct, together with the ballots and other election supplies.

     In the event that any election precinct embraces parts of two (2) or more school districts it shall be the duty of the county election commissioners to prepare from the records in the office of the county registrar separate lists of the qualified electors of each school district who reside in said precinct and who are eligible to participate in such election.  Said election commissioners shall furnish to the election managers in said precinct separate ballots and separate ballot boxes and separate voting lists for each school district.

     For each day spent in carrying out the provisions of Sections 37-7-225 through 37-7-229 and Section 37-6-17, the county election commissioners shall be paid at the rate prescribed by law.

     SECTION 15.  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 in which, according to the latest available federal census, a majority of the inhabitants of the county reside within the corporate limits of the municipality, the board of trustees of such special municipal separate school district shall be chosen and selected in the manner provided by subsection (1) of Section 37-7-203 and Section 37-6-17, and all of the provisions thereof shall be fully applicable in all respects to the selection and constitution of such board of trustees.  Provided, however, that the board of trustees of any special municipal separate school district shall have the authority to apportion the new trustee election districts as provided in Section 37-7-203(1).

     SECTION 16.  Sections 37-7-204, 37-7-209, 37-7-211, 37-7-215, 37-7-217 and 37-7-219, Mississippi Code of 1972, which provide certain methods for electing trustees of municipal separate school districts from added territory, are repealed.

     SECTION 17.  Sections 37-7-705, 37-7-707, 37-7-709, 37-7-711, 37-7-713, 37-7-715 and 37-7-717, Mississippi Code of 1972, which provide certain methods for selecting trustees of special municipal separate school districts, are repealed.

     SECTION 18.  Section 37-9-13, Mississippi Code of 1972, is amended as follows:

     37-9-13.  (1)  Each school district shall have a superintendent of schools, selected in the manner provided by law.  No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid administrator's license issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.

     (2)  From and after January 1, 2016, in all public school districts, the local school board shall appoint the superintendent of schools of such district unless the electors in the county have voted to retain the office of elected county superintendent of education as provided in subsection (3) of this section.  At the expiration of the term of any county superintendent of education elected at the November 2011 general election, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the local school board in the manner provided in Section 37-9-25, unless the electors in the county have voted to retain the office of elected county superintendent of education pursuant to referendum as provided in subsection (3) of this section.  The superintendent of schools shall have the general powers and duties to administer the schools within his district as prescribed in Section 37-9-14 et seq., Mississippi Code of 1972.

     (3)  If a petition signed by not less than twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the registered, qualified electors of such county, exclusive of the municipal separate school district boundaries, is filed with the county board of education requesting that a referendum be called on the question of changing from the elective method of selecting the county superintendent of education to the appointive method, then the county board of education shall adopt, not later than the next regular meeting, a resolution calling a referendum to be called and held within the county school district boundaries upon the question.  The referendum shall be scheduled the first Tuesday after the first Monday in November 2015 if that date occurs more than sixty (60) days after the date such petition is filed with the board.  When a referendum has been called, notice of the referendum shall be published at least five (5) days per week, unless the only newspaper published in the county school district is published less than five (5) days per week, for at least three (3) consecutive weeks, in at least one (1) newspaper published in the county school district.  The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border.  The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear.  The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the referendum, and the last publication shall be made not more than seven (7) days before that date.  If no newspaper is published in the county school district, then the notice shall be published in a newspaper having a general circulation in the county school district.  The referendum shall be held, as far as is practicable, in the same manner as other referendums and elections are held in the county.  At the referendum, all registered, qualified electors of the county school district, exclusive of the municipal separate school district boundaries, may vote.  The ballots used at the referendum shall have printed thereon a brief statement of the purpose of the referendum and the words "FOR CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION," and "AGAINST CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION."  The voter shall vote by placing a cross (X) or check mark (ü) opposite his choice on the proposition.  If a majority of the registered, qualified electors of the county school district who vote in the referendum vote in favor of the question, then the change in selection method shall be approved.  However, if a majority of the registered, qualified electors who vote in the referendum vote against the question, the change in selection method shall not be approved, and the county superintendent of education of said county shall continue to be an elected office.

     SECTION 19.  Section 37-9-25, Mississippi Code of 1972, is amended as follows:

     37-9-25.  The school board shall have the power and authority, in its discretion, to employ the superintendent, unless such superintendent is elected pursuant to referendum under Section 37-9-13(3), for not exceeding four (4) scholastic years and the principals or licensed employees for not exceeding three (3) scholastic years.  In such case, contracts shall be entered into with such superintendents, principals and licensed employees for the number of years for which they have been employed.  All such contracts with licensed employees shall for the years after the first year thereof be subject to the contingency that the licensed employee may be released if, during the life of the contract, the average daily attendance should decrease from that existing during the previous year and thus necessitate a reduction in the number of licensed employees during any year after the first year of the contract.  However, in all such cases the licensed employee must be released before July 1 or at least thirty (30) days prior to the beginning of the school term, whichever date should occur earlier.  The salary to be paid for the years after the first year of such contract shall be subject to revision, either upward or downward, in the event of an increase or decrease in the funds available for the payment thereof, but, unless such salary is revised prior to the beginning of a school year, it shall remain for such school year at the amount fixed in such contract.  However, where school district funds, other than minimum education program funds, are available during the school year in excess of the amount anticipated at the beginning of the school year the salary to be paid for such year may be increased to the extent that such additional funds are available and nothing herein shall be construed to prohibit same.

     SECTION 20.  Section 37-5-61, Mississippi Code of 1972, is amended as follows:

     [In counties wherein the electors in the county have voted to retain the office of elected county superintendent of education pursuant to referendum as provided in Section 37-9-13(3), this section shall read as follows:]

     37-5-61.  (1)  There shall be a county superintendent of education in each county.

     (2)  Said superintendent shall serve as the executive secretary of the county board of education, 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)  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.

     [In counties where a referendum provided in Section 37-9-13(3) has not been approved, this section shall have no force and effect.]

     SECTION 21.  Effective January 1, 2016, Sections 37-5-61, 37-5-63, 37-5-65, 37-5-67, 37-5-69, 37-5-71 and 37-5-75, Mississippi Code of 1972, which provide for changing the position of county superintendent of education to an appointed office pursuant to petition and referendum, provide for the reestablishment of the office as an elective office, authorize the appointment of the county superintendent of education in certain counties, provide for the selection and qualifications of elected superintendents in certain counties, and provide for the filling of vacancies in the office of elected county superintendent of education; and Section 37-9-12, Mississippi Code of 1972, which provides for a referendum on the question of retaining the elective method of choosing the county superintendent of education, are hereby repealed.

     SECTION 22.  This act shall take effect and be in force from and after July 1, 2015.

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