State Board of Education

Miss. Code Ann. tit. 37, ch. 1
in effect

Miss. Code Ann. § 37-1-1 Establishment; composition; qualifications, appointment, terms of office and compensation of members; meetings; officers.

From and after July 1, 1984, there shall be a state board of education which shall manage and invest school funds according to law, formulate policies according to law for implementation by the State Department of Education and perform such other duties as may be prescribed by law. The board shall consist of nine (9) members of whom none shall be an elected official. The Governor shall appoint one (1) member who shall be a resident of the Third Supreme Court District and who shall serve an initial term of one (1) year, one (1) member who shall be a resident of the First Supreme Court District and who shall serve an initial term of five (5) years, one (1) member who shall be a resident of the Second Supreme Court District and who shall serve an initial term of nine (9) years, one (1) member who shall be employed on an active and full-time basis as a school administrator and who shall serve an initial term of three (3) years, and one (1) member who shall be employed on an active and full-time basis as a schoolteacher and who shall serve an initial term of seven (7) years. The Lieutenant Governor shall appoint two (2) members from the state at large, one (1) of whom shall serve an initial term of four (4) years and one (1) of whom shall serve an initial term of eight (8) years. The Speaker of the House of Representatives shall appoint two (2) members from the state at large, one (1) of whom shall serve an initial term of two (2) years and one (1) of whom shall serve an initial term of six (6) years. The initial terms of appointees shall begin on July 1, 1984, and all subsequent appointments shall begin on the first day of July for a term of nine (9) years and continue until their successors are appointed and qualify; however, to ensure an orderly process of transition, the initial appointments shall be made not later than March 1, 1984. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. All members shall be appointed with the advice and consent of the Senate, and no member shall be actively engaged in the educational profession except as stated above. The first official meeting of the original board members shall be called by the Governor as soon after July 1, 1984, as practical. The board shall elect a chairman from its membership at the first meeting of the original board members and every year thereafter. A majority of the membership of the board shall constitute a quorum for the transaction of any business. The board shall meet regularly once a month at such time as shall be designated by an order entered upon the minutes thereof. Special meetings of the board shall be held upon call of the chairman or upon the call of a majority of the members thereof. The State Superintendent of Public Education shall be the secretary of the board. The board shall hold its sessions at the seat of government, or at such location in the State of Mississippi as shall be designated by an order entered upon the minutes thereof. Members of the board shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41 and shall be entitled to receive per diem compensation as authorized in Section 25-3-69.

Miss. Code Ann. § 37-1-2 Legislative findings and determinations; state policy.

The legislature finds and determines that the quality of public education and its effect upon the social, cultural and economic enhancement of the people of Mississippi is a matter of public policy, the object of which is the education and performance of its children and youth. The legislature hereby declares the following to be the policy of the State of Mississippi: That the students, parents, general citizenry, local schoolteachers and administrators, local governments, local school boards, and state government have a joint and shared responsibility for the quality of education delivered through the public education system in the State of Mississippi; To produce a functionally literate school population; To ensure that all students master the most essential parts of a basic education; To establish, raise and maintain educational standards; To improve the quality of education by strengthening it and elevating its goals; To provide quality education for all school-age children in the state; That excellence and high achievement of all students should be the ultimate goal; To encourage the common efforts of students, parents, teachers, administrators and business and professional leaders for the establishment of specific goals for performance; To improve instructional and administrative quality, to relate the education community to other policymakers, to achieve increased competency among students, teachers and administrators, to provide for continuing professional development for teachers, counselors and administrators, to assure that the budget process, the planning function and the allocation of personnel of the state department of education are commensurate with its educational goals; That the return on public education which is the single largest investment for the state be the effectiveness of the delivery system and the product it is designed to produce; That the investment in public education can be justified on the basis of the economic benefits that will accrue both to the individual and to society, recognizing that the return on such investment is long term and dramatic progress is not immediate; That emphasis must be placed upon early mastery of the skills necessary to success in school and that quality, performance-based early childhood education programs are an essential element of a comprehensive education system; That local school districts and their public schools be required to account for the product of their efforts; That the children of this state receive a period of instruction sufficient to train each in the basic educational skills adequate for the student to take his or her place in society and make a contribution as a citizen of this state, and that all children be encouraged to continue their education until they have completed high school; To establish an accreditation system based upon measurable elements in school known to be related to instructional effectiveness, to establish a credible process for measuring and rating schools, to establish a method for monitoring continued performance, and to provide for a state response when performance is inadequate; That the teachers of this state, to the extent possible, receive salaries that are at least equal to the average of the salaries received by teachers in the southeastern United States.

Miss. Code Ann. § 37-1-3 Adoption of rules and regulations; budget; central management; educational improvement program; curriculum and course of study; objectives for instruction in personal money management skills; authority to expend available federal funds for training expenses and salary incentives for licensed teachers.

The State Board of Education shall adopt rules and regulations and set standards and policies for the organization, operation, management, planning, budgeting and programs of the State Department of Education. The board is directed to identify all functions of the department that contribute to or comprise a part of the state system of educational accountability and to establish and maintain within the department the necessary organizational structure, policies and procedures for effectively coordinating such functions. Such policies and procedures shall clearly fix and delineate responsibilities for various aspects of the system and for overall coordination of the total system and its effective management. The board shall establish and maintain a system-wide plan of performance, policy and directions of public education not otherwise provided for. The board shall effectively use the personnel and resources of the department to enhance technical assistance to school districts in instruction and management therein. The board shall establish and maintain a central budget policy. The board shall establish and maintain within the State Department of Education a central management capacity under the direction of the State Superintendent of Public Education. The board, with recommendations from the superintendent, shall design and maintain a five-year plan and program for educational improvement that shall set forth objectives for system performance and development and be the basis for budget requests and legislative initiatives. The State Board of Education shall adopt and maintain a curriculum and a course of study to be used in the public school districts that is designed to prepare the state’s children and youth to be productive, informed, creative citizens, workers and leaders, and it shall regulate all matters arising in the practical administration of the school system not otherwise provided for. Before the 1999-2000 school year, the State Board of Education shall develop personal living and finances objectives that focus on money management skills for individuals and families for appropriate, existing courses at the secondary level. The objectives must require the teaching of those skills necessary to handle personal business and finances and must include instruction in the following: Opening a bank account and assessing the quality of a bank’s services; Balancing a checkbook; Managing debt, including retail and credit card debt; Completing a loan application; The implications of an inheritance; The basics of personal insurance policies; Consumer rights and responsibilities; Dealing with salesmen and merchants; Computing state and federal income taxes; Local tax assessments; Computing interest rates by various mechanisms; Understanding simple contracts; and Contesting an incorrect billing statement. The State Board of Education shall have authority to expend any available federal funds, or any other funds expressly designated, to pay training, educational expenses, salary incentives and salary supplements to licensed teachers employed in local school districts or schools administered by the State Board of Education. Such incentive payments shall not be considered part of a school district’s local supplement as defined in Section 37-151-5(o), nor shall the incentives be considered part of the local supplement paid to an individual teacher for the purposes of Section 37-19-7(1). MAEP funds or any other state funds shall not be used to provide such incentives unless specifically authorized by law. The State Board of Education shall through its actions seek to implement the policies set forth in Section 37-1-2.

Miss. Code Ann. § 37-1-4 Transition.

In order to provide for an orderly transition following its appointment, the state board of education as it will exist on and after July 1, 1984, shall meet with and receive the cooperation of the state superintendent of public education and the state department of education on any matters relating to the public school education system in the state until assuming its duties and authority on July 1, 1984. During this transition period, said state board of education shall formulate and adopt rules and regulations in accordance with Section 25-43-1.101 et seq., and formulate standards and priorities necessary for the orderly administration of the public education system of the state. Such rules, regulations, standards and priorities shall become effective on July 1, 1984. The board shall also require data and information on program performance from any source relating to the public school system. The state department of education shall assist the board in assuming its duties and shall provide any technical assistance as may be required. The state department of education, from any funds appropriated thereto, shall, upon the request of the board, timely pay, with the approval of the commission of budget and accounting, all sums reasonably required for the operation of the board, including per diem and actual expenses of the board, and the implementation of Chapter 17, Laws of the First Extraordinary Session of 1982, through June 30, 1984.

Miss. Code Ann. § 37-1-5 Decision of appeals from county superintendents and state superintendent.

The State Board of Education shall decide all appeals from the decisions of the county superintendents or from the decisions of the state superintendent, as authorized by statute. All matters relating to appeals shall be presented in writing, and the decision of the board shall be final. The State Board of Education shall adopt procedures for conducting any such appeals as are authorized by statute. Such procedures shall include notification of the time and place of any hearing requested by the appealing party. Any such hearing shall be conducted by a hearing officer designated by the State Board of Education. At such hearing, the hearing officer and any person affected by the appeal may conduct reasonable questioning of persons who make relevant factual allegations concerning the appeal. The hearing officer shall require that all persons be sworn before they may offer any testimony at the hearing, and the hearing officer is authorized to administer oaths. Any person so choosing may be represented by counsel at the hearing. A record of the hearing shall be made, which shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, and such other material as the hearing officer considers relevant, including his own recommendation, which he shall make within a reasonable period of time after the hearing is closed and after he has had an opportunity to review, study and analyze the evidence presented during the hearing. The completed record shall be certified to the State Board of Education, which shall consider only the record in making its decision, and shall not consider any evidence or material which is not included therein. The State Board of Education shall make its written findings and issue its order after reviewing said record.

Miss. Code Ann. § 37-1-7 Grounds and procedure for removal of county superintendent.

For continued neglect of duty, drunkenness, incompetency or official misconduct, the state board of education may remove a county superintendent. However, before the removal, the officer shall have ten (10) days’ notice of the charge, and shall be allowed opportunity to make defense.

Miss. Code Ann. § 37-1-9 Administration of oaths of Mississippi Board of Education; examination of witnesses by board; investigative reports exempt from provisions of Mississippi Public Records Act.

The Mississippi Board of Education, acting by and through its chairman or executive secretary, is authorized to administer oaths, to take or cause depositions to be taken, to subpoena persons and to issue a subpoena to compel production of books, papers, records and other documents. The board shall have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board. For noncompliance with a subpoena, the board may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and to testify and produce books, papers, records and documents if so ordered. Failure to obey the order of the court may be punished as contempt. In addition to the exemptions from public access provided in Section 37-11-51, investigative reports shall be exempt from the provisions of the Mississippi Public Records Act of 1983, but the board may choose to make public all or any part of an investigative report. For the purposes of this subsection (2), “investigative report” includes documentation on which it is based and means records that are compiled by the board, the Department of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, or the Accreditation Commission in the process of investigating alleged misconduct that could result in disciplinary action, the disclosure of which would impede, harm or jeopardize the investigation, or that would: (i) reveal the identity of informants or witnesses; (ii) deprive a person of a right to a fair trial or an impartial adjudication; or (iii) endanger the life or safety of a public official or employee or confidential informants or witnesses.

Miss. Code Ann. § 37-1-11 Duties of State Department of Education and local boards as to preservation of classroom instructional time and paperwork reduction.

The school day shall be preserved for the purpose of teaching. It is the intent of the Legislature that every effort be made by the State Department of Education and the local school boards to protect the instructional time in the classroom and to reduce the amount of paperwork which must be completed by teachers. The State Board of Education shall adopt rules that provide for simplifying and reducing the number and length of written reports and other written documents that the State Department of Education requires from school districts and school district employees. The board shall conduct a comprehensive review of its rules to simplify and to reduce the number and length of reports required from school districts and school district employees. The State Department of Education shall provide nonmandatory models to school districts of lesson plans, curriculum guides and other required reports that comply with department reporting requirements. The State Board of Education and the school board of each school district shall adopt policies to limit and reduce the number and length of written reports that classroom teachers are required to prepare.

Miss. Code Ann. § 37-1-12 Development and promulgation of regulations for annual reports from school districts and State Department of Education to Legislature.

The State Board of Education shall develop and promulgate regulations for annual reports from school districts and from the State Department of Education to the Legislature. Such regulations shall eliminate duplication, make effective use of technology and enable the Legislature to monitor education in Mississippi. These regulations may include methods to reduce redundant reporting requirements and eliminate inadequate performance measures, and the State Board of Education may include any proposed legislative amendments to state law necessary to improve statewide reporting mandates.

Miss. Code Ann. § 37-1-13 Purchase and use of relocatable classrooms.

The State Board of Education shall issue regulations: Setting minimum specifications for relocatable classrooms for the public school districts; Approving or disapproving plans for relocatable classrooms for public school districts; Providing a system of requiring local school districts to receive State Department of Education approval before purchase of such relocatable classrooms. The State Department of Education may, in its discretion, inspect the facilities of any manufacturer of relocatable classrooms for the purpose of determining if State Department of Education minimum specifications are being met. The State Department of Education shall insure that local school districts advertise for and receive bids as required by state law for purchase of relocatable classrooms. The State Department of Education shall approve plans for relocatable classrooms by persons, firms, corporations or associations permitted to submit bids for consideration, before such bids are submitted to local school districts. The State Department of Education shall have the right to reject any and all relocatable classroom plans submitted. Bids may not be submitted to local school districts, unless persons, firms, corporations or associations have State Department of Education approval.

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