Bill Text: MS HB447 | 2014 | Regular Session | Introduced
Bill Title: Agricultural high schools; transfer Coahoma AHS and Hinds AHS to appropriate county school district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB447 Detail]
Download: Mississippi-2014-HB447-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education
By: Representative Moore
House Bill 447
AN ACT TO AMEND SECTIONS 37-27-79, 37-27-81, 37-27-83, 37-27-87 AND 37-27-89, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2015, THE COAHOMA AGRICULTURAL HIGH SCHOOL AND THE HINDS AGRICULTURAL HIGH SCHOOL, SHALL BE DISCONTINUED AND THE STUDENTS, PROPERTY AND FUNDS SHALL BE TRANSFERRED TO THE APPROPRIATE COUNTY SCHOOL DISTRICT IN THE HOME COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-27-79, Mississippi Code of 1972, is amended as follows:
37-27-79. * * *
Effective July 1, 2015, the Coahoma Agriculture High School shall be
administratively transferred to and consolidated with the Coahoma County School
District and the Hinds Agricultural High School shall be transferred to and administratively
consolidated with the Hinds County School District. The former board of
trustees of the said agricultural high schools shall be abolished on July 1,
2015. Except as otherwise provided herein, all real and personal property
which is owned or titled in the name of the said agricultural high schools
shall be transferred to the appropriate countywide school district. The
students attending the said agricultural high schools shall be deemed to be
students of the school district where they reside. The Coahoma County Board of
Education may, in its discretion, continue the operations of the Coahoma
Agriculture High School, and the Hinds County Board of Education may, in its
discretion, continue the operations of the Hinds Agricultural High School, and
the students may be allowed to continue to attend said agricultural high
schools. The Hinds County Board of Education is authorized and empowered, in
its discretion, to close Hinds Agricultural High School and transfer its
students to another high school in the county with sufficient space to
accommodate the students who had attended the agricultural high school.
In the event that Hinds Agricultural High School is closed after the merger with the Hinds County School District, all real property titled to Hinds Agricultural High School will become the property of the Hinds Community College District. The cost of transferring title will be paid by Hinds Community College. All real property titled to Hinds Community College and utilized by the Hinds Agricultural High School will remain the real property of Hinds Community College. All property other than real property, including, without limitation, personal property, to include furniture, teaching supplies, technology, computers, equipment, equipment for extracurricular activities, and all such similar items purchased for the Hinds Agricultural High School using monies designated for Hinds Agricultural High School, will become the property of the Hinds County School District. Without limiting the immediately preceding sentence, all nondisposable sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment used by Hinds Agricultural High School) will become the property of the Hinds County School District.
In the event that Coahoma Agricultural High School is closed after the merger with the Coahoma County School District, all real property titled to Coahoma Agricultural High School will become the property of the Coahoma Community College District. The cost of transferring title will be paid by Coahoma Community College District. All real property titled to Coahoma Community College and utilized by the Coahoma Agricultural High School will remain the real property of Coahoma Community College. All property other than real property, including, without limitation, personal property, to include furniture, teaching supplies, technology, computers, equipment, equipment for extracurricular activities, and all such similar items purchased for the Coahoma Agricultural High School using monies designated for Coahoma Agricultural High School, will become the property of the Coahoma County School District. Without limiting the immediately preceding sentence, all nondisposable sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment used by Coahoma Agricultural High School) will become the property of the Coahoma County School District.
Each affected school board shall be responsible for establishing the contracts for teachers and principals for the next school year following the required administrative consolidation of the agricultural high school if its operation is to be continued. It shall be the responsibility of the successor county board of education to prepare and approve the budget of the agricultural high school if its operation is to be continued, and the county board of education may use staff from the former agricultural high school 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 agricultural high school 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 purpose of the transfer of property required by such administrative consolidation. Any person aggrieved by an order of the successor county board of education pursuant to the required administrative consolidation of an agricultural high school 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. When any agricultural high school is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former agricultural high school from liability for the payment of the bonds or other indebtedness of such agricultural high school and it shall be the duty of the board of supervisors of said county to continue to levy taxes on the property of said county from year to year according to the terms of such indebtedness until same shall be fully paid.
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 school district where the student resides for the student population enrolled therein from the former agricultural high schools when determining the new school district accreditation level on the performance and accountability rating model.
In the event that Hinds Agricultural High School is closed after the merger with the Hinds County School District, any student who is enrolled at the Hinds Agricultural High School when the closure is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the Hinds County School District: one (1) diploma to be the official completion with the Hinds County School District, the second to be a courtesy diploma reflecting graduation from Hinds Agriculture High School.
In the event that Coahoma Agricultural High School is closed after the merger with the Coahoma County School District, any student who is enrolled at the Coahoma Agricultural High School when the closure is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the Coahoma County School District: one (1) diploma to be the official completion with the Coahoma County School District, the second to be a courtesy diploma reflecting graduation from Coahoma Agriculture High School.
SECTION 2. Section 37-27-81, Mississippi Code of 1972, is amended as follows:
37-27-81. When an
agricultural high school is abolished under the provisions of Section 37-27-79,
as amended by the provisions of this act, then it shall be the duty of
the * * * county board of education
to advertise the sale of and to sell all of the property of such school to the
highest bidders for cash. The proceeds of such sale shall be used to pay off
any outstanding indebtedness of such school. If there is a balance after
paying all outstanding indebtedness then such balance shall be paid into the
county school fund of such county or counties.
In the event the proceeds of the sale of the property of such school are not sufficient to pay all outstanding indebtedness of such school, then the board or boards of supervisors of such county or counties shall levy a tax on the property of the county or counties sufficient to pay the outstanding indebtedness when it becomes due.
Alternatively, the * * * county board of
education may transfer any part or all of such property to * * * the countywide school district in
said county.
SECTION 3. Section 37-27-83, Mississippi Code of 1972, is amended as follows:
37-27-83. The board of
trustees of * * * the Coahoma Agricultural High School * * *
and the Hinds Agricultural High School pursuant to the order of the
appropriate county board of education under the requirements of Section 37-27-79,
is hereby authorized to sell and dispose of the lands, buildings, and
other property belonging to such school, and place the proceeds derived from
the sale of same to the credit of the county common school fund.
Sale of said property may be
made at public or private sale on such terms as the board of trustees may
elect, subject to the approval of the * * * county board of
education. In case of sale on credit, the deferred payments shall be
evidenced by notes payable to the county, for the benefit of the county common
school fund and shall bear interest at a rate of not less than six percent
(6%) per annum, and the county shall have a lien on the property for the
purchase-money, as against all persons, until paid.
The deed or deeds of
conveyance shall be executed by the president or chairman and the secretary of
the board of trustees, pursuant to an order of the board of trustees, entered
on its minutes, and pursuant to an order of approval by the * * * county board of
education entered on its minutes, and when so executed shall be fully
effective to convey title to said property.
SECTION 4. Section 37-27-87, Mississippi Code of 1972, is amended as follows:
37-27-87. In the event any
such school is permanently discontinued, as provided for in Section * * *
37-27-79, the
board of trustees of such school and the * * * county board of
education of the county in which such school is located, are further
authorized to transfer to the county common school fund of the county all funds
on hand in the county treasury or depository to the credit of such school,
including all maintenance funds and other funds belonging to such school. In
case the school thus discontinued shall be a joint school maintained by two (2)
counties, as now provided by law, the school funds belonging to such school and
the proceeds derived from the sale of school property shall be divided between
the counties interested in proportion to the amount of funds contributed by
each county to the establishment and maintenance of such school.
SECTION 5. Section 37-27-89, Mississippi Code of 1972, is amended as follows:
37-27-89. All funds placed to the credit of the county common school fund, under the provisions of Sections 37-27-79, 37-27-83 and 37-27-87, shall be distributed in the same manner as is provided for the distribution of the county common school funds, and shall be used for the support and maintenance of the public schools of the county.
SECTION 6. This act shall take effect and be in force from and after July 1, 2014.
