Bill Text: MS HC76 | 2012 | Regular Session | Introduced
Bill Title: Constitution; amend to establish countywide school districts with elected school boards & appointed superintendents.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HC76 Detail]
Download: Mississippi-2012-HC76-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Constitution
By: Representative Monsour
House Concurrent Resolution 76
A CONCURRENT RESOLUTION PROPOSING AMENDMENTS TO THE MISSISSIPPI CONSTITUTION OF 1890, TO ADD A NEW SECTION 201A AND TO AMEND SECTION 204 AND SECTION 206, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT, BEGINNING ON JULY 1, 2016, THERE SHALL BE ONE COUNTYWIDE SCHOOL DISTRICT IN EACH COUNTY OF THE STATE WHICH SHALL BE GOVERNED BY AN ELECTED SCHOOL BOARD THAT SHALL APPOINT A SCHOOL DISTRICT SUPERINTENDENT; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:
I.
Amend Article 8, Mississippi Constitution of 1890, by adding a new Section 201A to read as follows:
"Section 201A. (1) From and after July 1, 2016, there shall be one (1) countywide school district in each county to be known as the "School District of _____________ County, Mississippi," which countywide school district shall be governed by a school board elected in the manner prescribed by the Legislature in general law.
(2) Upon ratification by the qualified electors of this state of the amendment creating this Section 201A of the Mississippi Constitution of 1890, the Legislature shall enact such laws as may be necessary or desirable to provide for the orderly transition on July 1, 2016, to a countywide school district in each county and to facilitate the dissolution of the various school districts, other than countywide school districts, existing throughout the state before July 1, 2016."
II.
Amend Section 204, Mississippi Constitution of 1890, to read as follows:
"Section 204. (1) Until July 1, 2016, there shall be a superintendent of public education in each county, who shall be appointed by the board of education by and with the advice and consent of the Senate, whose term of office shall be four (4) years, and whose qualifications, compensation, and duties, shall be prescribed by law: Provided, That the Legislature shall have power to make the office of county school superintendent of the several counties elective, or may otherwise provide for the discharge of the duties of county superintendent, or abolish said office.
(2) From and after July 1, 2016, there shall be a school district superintendent in each county, who shall be appointed by the school board of the countywide school district. The Legislature shall prescribe the minimum qualifications, compensation and duties of the superintendent. The school board shall enter into a contract with the superintendent establishing the term of the contract and the compensation and duties of the superintendent, which may not be inconsistent with those prescribed by law."
III.
Amend Section 206, Mississippi Constitution of 1890, to read as follows:
"Section 206. (1) Until July 1, 2016, there shall be a state common-school fund, to be taken from the General Fund in the State Treasury, which shall be used for the maintenance and support of the common schools. Any county or separate school district may levy an additional tax, as prescribed by general law, to maintain its schools. The state common-school fund shall be distributed among the several counties and separate school districts in proportion to the number of educable children in each, to be determined by data collected through the Office of the State Superintendent of Education in the manner to be prescribed by law.
(2) From and after July 1, 2016, there shall be a state common-school fund, to be taken from the General Fund in the State Treasury, which shall be used for the maintenance and support of the common schools. Any county school district may levy an additional tax, as prescribed by general law, to maintain its schools. The state common-school fund shall be distributed among the county school districts in proportion to the number of educable children in each, to be determined by data collected through the Office of the State Superintendent of Public Education in the manner to be prescribed by law."
BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2012, as provided by Section 273 of the Constitution and by general law, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after the first Tuesday after the first Monday of November 2012, this proposed amendment shall be submitted by the Secretary of State to the qualified electors at the next general election to be held on the first Tuesday after the first Monday of November, as provided by Section 273 of the Constitution and by general law. The amendments in this resolution shall be voted on as one (1) amendment since the proposed amendments pertain to one (1) subject.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed amendment provides that beginning on July 1, 2016, there shall be one countywide school district in each county, governed by a school board elected by the qualified electors of the county, which school board shall appoint a school district superintendent to manage the operations of the school district."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
