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2014 Op. Miss. Att'y Gen. 1 (2014)

handle is hein.sag/sagms0087 and id is 1 raw text is: Dr. Carey M. Wright Office of the Attorney General January 31, 2014 Office of the Attorney General State of Mississippi *1 Opinion No. 2013-00507 *1 January 31, 2014 Re: Miss Code Ann. Section 37-7-104.1 *1 Dr. Carey M. Wright *1 State Superintendent of Education *1 Post Office Box 771 *1 Jackson, MS 39205-0771 Dr. Wright: *1 Attorney General Jim Hood is in receipt of your opinion request as the State Superintendent of Education and has assigned itto me for research and reply. In your letter, you request an official opinion from this office on the following issues: Questions and Responses *1 Question 1. Section 37-7-104.1 appears to give the State Board plenary authority in accomplishing the consolidations, up to and including moving on its own motion to administratively effect the consolidation should a school district not voluntarily consolidate. What is the extent of the State Board's authorityto direct the actions of the existing local school districts relating to the consolidation? *1 Response: The State Board has plenary authorityto direct the actions of the existing school districts relating to the consolidation, including adopting policy and immediately administratively consolidating on its own motion the districts which do not voluntarily consolidate in order to enable the affected school districts to reasonably consolidate into two (2) school districts by July 1, 2014. *1 Question 2. Per Section 37-7-104.1, the current school boards are responsible for contracting with teachers and principals for the 2014-15 school year, which will be the first year of existence for the consolidated districts. However, the successor school boards must hire the superintendent and prepare and approve the budget for the respective reorganized districts. Who has the authorityto hire district level (central office) and other employees (non-certified employees such as maintenance, bus drivers, etc.) for the reorganized districts, the current school boards and superintendents or the successor boards and the new superintendents? *1 Response: The successor boards and the new superintendents have the authority to hire district level employees for the successor school districts. *1 Question 3. Elections for the successor school board trustees were held in November 2013. With everything that must take place for schools to be open as scheduled for the 2014-15 school year, there is a tremendous need for these successor boards to be able to function as quickly as possible. For example, having a new superintendent in place as early as possible is key to success of the district. Section 37-7-104.1 (3) expressly provdes that the successor boards are to be consulted in the hiring of principals and teachers, so there is authority for the successor boards to perform some functions before the consolidation actually occurs. What authority do the successor boards have to perform any official duties or other acts prior to the actual consolidation? *1 Response: According to Section 37-7-104.1, the successor school boards have statutory duties that must begin priorto July 1, 2014 in order to effectuate the administrative consolidation of the school districts by July 1, 2014. *2 Question 4. In order for the successor boards to perform any necessary acts prior to the formation of the successor school districts, such as consulting on the hiring of principals and teachers, should the elected members take an oath of office/be sworn in prior to July 1,2014? *2 Response: Yes. The term of office for a new board member begins on the first Monday of January, 2014 pursuant to Section 37-7-207. Elected school board members of the consolidated school districts shall take the oath of office and be sworn in before performing necessary official acts. *2 Question 5. What authority do the successor boards have prior to consolidation to direct school personnel in setting up meetings and obtaining information? *2 Response: The successor boards may direct district school personnel in setting up meetings and obtaining information to perform any of its statutory duties which occur prior to July 1, 2014. *2 Question 6. Maythe current school districts pay for the statutory school board training for the successor board members, and any other necessary costs or fees prior to consolidation?

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