Bill Text: MS SB2760 | 2012 | Regular Session | Introduced
Bill Title: School district consolidation; require in certain counties and study administrative consolidation of agricultural high schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-05-01 - Conference Report Adopted [SB2760 Detail]
Download: Mississippi-2012-SB2760-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education
By: Senator(s) Tollison
Senate Bill 2760
AN ACT TO CODIFY SECTION 37-7-104.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ANY MISSISSIPPI COUNTY HAVING SIX SCHOOL DISTRICTS, THERE SHALL BE AN ADMINISTRATIVE CONSOLIDATION INTO NOT MORE THAN TWO SCHOOL DISTRICTS; TO PROVIDE FOR A NEW COUNTY BOARD OF EDUCATION TO BE ELECTED IN SUCH COUNTY IN A NOVEMBER 2013 SPECIAL ELECTION; TO PROVIDE THAT THE NEW COUNTY BOARD OF EDUCATION SHALL SERVE AS THE LEAD AGENCY TO CONSOLIDATE THE SCHOOL DISTRICTS IN SUCH COUNTY AND TO DIRECT THE STATE BOARD OF EDUCATION TO ADMINISTRATIVELY CONSOLIDATE ANY SCHOOL DISTRICT WHICH DOES NOT VOLUNTARILY FOLLOW THE CONSOLIDATION ORDER; TO ABOLISH THE FORMER SCHOOL BOARDS FOLLOWING THE ADMINISTRATIVE CONSOLIDATION AND PROVIDE FOR THE TRANSFER OF SCHOOL DISTRICT ASSETS AND LIABILITIES; TO PROVIDE FOR EXECUTION OF TEACHER AND SCHOOL DISTRICT EMPLOYEE CONTRACTS IN THE NEW SCHOOL DISTRICTS AND TO PROVIDE FOR THE PREPARATION OF SCHOOL DISTRICT BUDGETS IN THE NEW SCHOOL DISTRICTS; TO DIRECT THE STATE BOARD OF EDUCATION TO PROMULGATE REGULATIONS TO IMPLEMENT SUCH ADMINISTRATIVE CONSOLIDATION; TO AMEND SECTION 37-7-103, MISSISSIPPI CODE OF 1972, IN CONFORMITY; 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, 2013, THE COAHOMA AGRICULTURAL HIGH SCHOOL, THE FORREST AGRICULTURAL HIGH SCHOOL AND THE HINDS AGRICULTURAL HIGH SCHOOL, SHALL BE DISCONTINUED AND THE STUDENTS, PROPERTY AND FUNDS SHALL BE TRANSFERRED TO THE APPROPRIATE SCHOOL DISTRICT IN THE HOME COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 37-7-104.1, Mississippi Code of 1972:
37-7-104.1. (1) In any Mississippi county in which are located, as of January 1, 2012, six (6) school districts, there shall be an administrative consolidation of all of the school districts in the county into not more than two (2) school districts with two (2) administrative units and two (2) school boards. The State Board of Education shall determine the school district(s) applicable to the provisions of this section and spread this finding on the minutes of its August 2012 meeting. On or before September 1, 2012, the State Board of Education shall serve the local school boards applicable to the provisions of this section with notice and instruction regarding the action to be taken to comply with this section. In such county, there shall be a new county board of education elected in a November 2013 special election which shall be called for that purpose and the new county board members shall be elected as provided in Section 37-5-7, Mississippi Code of 1972. Provided, however, that it shall be the responsibility of the board of supervisors of such county to apportion the countywide school district into five (5) new single member board of education districts. The board of supervisors 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 for the November 2013 special election. 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 2020 decennial census are published and as soon as practicable after every decennial census thereafter. The new county board of education shall provide for the administrative consolidation of all school districts in the county into not more than two (2) school districts on or before July 1 next following the November election. The new county board of education shall serve as the school board for one (1) of the two (2) school districts in the county. Any school district affected by the required administrative consolidation that does not voluntarily consolidate with the new school district ordered by the county board of education shall be administratively consolidated by the State Board of Education with the appropriate school district in which such district is located, to be effective on July 1 following the election of the new county board of education. The State Board of Education shall promptly move on its own motion to administratively consolidate a school district which does not voluntarily consolidate in order to enable the affected school districts to reasonably accomplish the resulting administrative consolidation into two (2) school districts by July 1 following the election of the new county board of education. All affected school districts shall comply with any consolidation order issued by the county board of education or the State Board of Education, as the case may be, on or before July 1 following the election of the new county board of education.
(2) On July 1 following the election of the new county board of education, the former county board of education and the former board of trustees of any municipal separate, special municipal separate, consolidated or line consolidated school district located in such county shall be abolished. All real and personal property which is owned or titled in the name of a school district located in such county shall be transferred to the new reorganized school district of the county in which such school district is located. 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 with the consultation of the newly elected successor county board of education. The successor county board of education shall appoint the new county superintendent of education for the reorganized school district. The county superintendent of education of said reorganized school district shall not be elected but shall thereafter be appointed by the successor county board of education in the manner provided in Section 37-9-25. The selection of the appointed county superintendent of education and the assistant superintendent of education in the central administration office of the successor countywide school district shall be the responsibility of the successor county board of education. No such administratively consolidated school district shall have more than one (1) assistant superintendent of education. It shall be the responsibility of the successor county board of education to prepare and approve the budget of the new reorganized districts, and the county board of education may use staff from the former school districts 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 school district in the county, 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 purposes of the transfer of property required by such administrative consolidation. Any person or school district aggrieved by an order of the successor county school board of education pursuant to the required administrative consolidation 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.
(3) When any school district in such county is abolished under the provisions of this section, the abolition thereof shall not impair or release the property of such former school district from liability for the payment of the bonds or other indebtedness of such district and it shall be the duty of the board of supervisors of said county to levy taxes on the property of said district so abolished from year to year according to the terms of such indebtedness until same shall be fully paid.
(4) In the administratively consolidated school districts created under this section, the ad valorem tax rate shall be determined as set forth under Section 37-57-1 et seq.
(5) Nothing in this section shall be construed to require the closing of any school or school facility, unless such facility is an unneeded administrative office located within a school district which has been abolished under the provisions of this section. All administrative consolidations under this section shall be accomplished so as not to delay or in any manner negatively affect the desegregation of another school district in the county pursuant to court order.
(6) The State Board of Education shall promulgate rules and regulations to facilitate the administrative consolidation of the school districts in a county pursuant to this section. When the orders of the successor county board of education adopting the boundaries of the successor countywide school district have been entered and are final, as approved by the State Board of Education, the new district lines shall be submitted by the State Board of Education with the assistance of the Attorney General to the Attorney General of the United States for preclearance or to the United States District Court for the District of Columbia for a declaratory judgment in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended. In the event the change in the school district lines are precleared or approved, the State Board of Education shall formally declare the new lines as the new boundaries of the consolidated countywide school district.
SECTION 2. Section 37-7-103, Mississippi Code of 1972, is amended as follows:
37-7-103. From and after July 1, 1987, the school board of any school district shall have full jurisdiction, power and authority, at any regular meeting thereof or at any special meeting called for that purpose, to abolish such existing district, or to reorganize, change or alter the boundaries of any such district. In addition thereto, with the consent of the school board of the school district involved, the school board may add to such school district any part of the school district adjoining same, and with the consent of the school board of the school district involved, may detach territory from such school district and annex same to an adjoining district. Provided, however, that the consent of the school board of the school districts involved in implementing the provisions of Section 37-7-104, 37-7-104.1, or Section 37-27-79 et seq., Mississippi Code of 1972, shall not be required for the administrative consolidation of such school districts pursuant to the order of the State Board of Education.
SECTION 3. Section 37-27-79, Mississippi Code of 1972, is amended as follows:
37-27-79. Effective July 1, 2013, the Coahoma Agriculture High School shall be administratively transferred to and consolidated with the Coahoma County School District, the Forrest Agricultural High School shall be administratively transferred to and consolidated with the Forrest 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, 2013. 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, the Forrest County Board of Education may, in its discretion, continue the operations of the Forrest Agricultural 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. 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.
SECTION 4. 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 5. 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, the Forrest 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 6. 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 7. 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 8. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, 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.
SECTION 9. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
