MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education

By: Representative Moore

House Bill 1060

AN ACT TO AMEND SECTION 37-1-9, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE STATE BOARD OF EDUCATION TO ADMINISTER OATHS, TAKE DEPOSITIONS, SUBPOENA PERSONS OR COMPEL THE PRODUCTION OF DOCUMENTS AND RECORDS IN INVESTIGATIVE MATTERS; TO AUTHORIZE THE BOARD TO APPLY TO THE CIRCUIT COURT FOR ENFORCEMENT OF SUBPOENAS AND TO AFFORD THE COURT THE SANCTION OF CONTEMPT FOR FAILURES TO COMPLY; TO EXEMPT ALL INVESTIGATIVE DOCUMENTS AND RECORDS OF THE STATE BOARD OF EDUCATION AND CERTAIN DIVISIONS OF THE STATE DEPARTMENT OF EDUCATION OR ITS INVESTIGATIVE UNITS FROM THE PUBLIC RECORDS REQUIREMENTS; AND FOR RELATED PURPOSES.

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

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

     37-1-9.  (1) The members of the State Board of Education, * * *are authorized acting by and through its chairman or executive secretary, shall have the power to administer oaths * * *and , to take or cause depositions to be taken, to subpoena persons and compel the production of any books, papers, records and other documents.   * * *Said membersThe board shall have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board or subcommittee thereof.  Failure to comply with a subpoena issued may result in the board's application to the circuit court for an order requiring the individual subpoenaed to appear before the board and testify and produce books, papers, records and other documents if so ordered.  Failure to obey such order of the court may be punished by the court as contempt.

     (2)  All investigative documents and reports in possession of the State Board of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, the Commission on School Accreditation, any subcommittee thereof, or any investigative division of the State Department of Education shall be exempt from the provisions of the Mississippi Public Records Act of 1983, and shall not be subject to discovery or subpoena.  However, the State Board of Education, a subcommittee thereof, or any investigative division of the State Department of Education, in its discretion, may choose to make public all or any part of any investigative document or report.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.