County Boards of Education and Superintendents

Miss. Code Ann. tit. 37, ch. 5
in effect

Miss. Code Ann. § 37-5-1 Establishment; composition; qualifications and election of members generally; counties in which board not to exist.

There is hereby established a county board of education in each county of the State of Mississippi. Said county board of education shall consist of five (5) members, one (1) of which, subject to the further provisions of this chapter and except as is otherwise provided in Section 37-5-1(2), shall be elected by the qualified electors of each board of education district of the county. Except as is otherwise provided in Section 37-5-3, each member so elected shall be a resident and qualified elector of the district from which he is elected. The county board of education shall apportion the county school district into five (5) single member board of education districts. The county board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education 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. 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 2000 decennial census are published and as soon as practicable after every decennial census thereafter. In counties where the office of “administrative superintendent” as defined in Section 37-6-3, Mississippi Code of 1972, has been abolished, there shall be no county board of education.

Miss. Code Ann. § 37-5-3 Residency requirements of members of board; qualifications of electors.

No person who is a resident of the territory embraced within a municipal separate school district or a special municipal separate school district shall be eligible to be a member of the county board of education. Qualified electors residing within a municipal separate school district or special municipal separate school district shall not be eligible to vote or participate in the election of members of the county board of education. The provisions of this section shall be applicable in the case of a special municipal separate school district and a line consolidated school district of which another county is the home county which together occupy all of the territory of a supervisors district of the county.

Miss. Code Ann. § 37-5-5 Repealed.

Repealed by Laws, 1988, ch. 444, § 3, eff from and after August 9, 1988 (the date the United States Attorney General interposed no objection to the repeal of this section). [Codes, 1942, 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; Laws, 1954, ch. 283, § 1; Laws, 1958, ch. 309, § 1; Laws, 1960, ch. 297, § 1; Laws, 1962, ch. 342]

Miss. Code Ann. § 37-5-7 Time of election and terms of office of members of board.

On the first Tuesday after the first Monday in May, 1954, an election shall be held in each county in this state in the same manner as general state and county elections are held and conducted, which election shall be held for the purpose of electing the county boards of education established under the provisions of this chapter. At such election, the members of the said board from Supervisors Districts One and Two shall be elected for the term expiring on the first Monday of January, 1957; members of the board from Supervisors Districts Three and Four shall be elected for a term expiring on the first Monday of January, 1959; and the member of the board from Supervisors District Five shall be elected for a term expiring on the first Monday of January, 1955. Except as otherwise provided in subsection (2), all subsequent members of the board shall be elected for a term of six (6) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective member or members of such board. All members of the county board of education as herein constituted, shall take office on the first Monday of January following the date of their election. On the first Tuesday after the first Monday in November, in any year in which any county shall elect to utilize the authority contained in Section 37-5-1(2), an election shall be held in each such county in this state for the purpose of electing the county boards of education in such counties. At said election the members of the said county board of education from Districts One and Two shall be elected for a term of four (4) years, the members from Districts Three and Four shall be elected for a term of six (6) years, and the member from District Five shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of six (6) years each. All members of the county board of education shall take office on the first Monday of January following the date of their election. Current members of the Board of Trustees of the Greenwood Public School District serving on November 1, 2017, shall continue in office as the new County Board of Education of the Greenwood-Leflore School District until their successors are elected as follows: The two (2) appointed board members of the Greenwood Public School District whose terms are nearest to expiration shall expire on January 1, 2019, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 2 and 3 in a November 2018 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2019, for a term of four (4) years; The final two (2) appointed board members of the Greenwood Public School District whose terms are the farthest removed from expiration shall expire on January 1, 2020, and thereafter become permanently elected positions to be filled by persons elected as board members from Supervisors Districts 4 and 5 in a November 2019 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2020, for a term of four (4) years; and One (1) appointed board member of the Greenwood Public School District whose term is next nearest to expiration shall expire on January 1, 2021, and thereafter become a permanently elected position to be filled by a person elected as a board member from Supervisors District 1 in a November 2020 election held for that purpose, in the manner prescribed in Section 37-7-203, and the newly elected members will take office on January 1, 2021, for a term of four (4) years. All subsequent members shall be elected for a term of four (4) years at the regular general election held on the first Monday in November next preceding the expiration of the term of office of the respective members, and shall take office on January 1 next succeeding the election. On the first Tuesday after the first Monday in November 2017, an election shall be held in Holmes County for the purpose of electing the county board of education in the new Holmes County Consolidated School District. At the election, the members of the said county board of education shall be elected from single member board of education districts, which shall be consistent with the supervisors district lines in the county, and shall be elected for an initial term of six (6) years. Subsequent elections for the Holmes County Board of Education shall be held on the first Tuesday after the first Monday in November 2023 and every four (4) years thereafter at the same time and manner as other general elections are held, and the member shall be elected for a term of four (4) years. All members of the county board of education in the new Holmes County Consolidated School District shall take office on the first Monday of January following the date of their election. On the first Tuesday after the first Monday in November 2023, an election shall be held in Chickasaw County for the purpose of electing the county board of education in the new Chickasaw County School District. The board of supervisors shall declare and designate posts for each member of the new board. At said election, the members of the said county board of education from Posts One and Two shall be elected for a term of four (4) years, the members from Posts Three and Four shall be elected for a term of three (3) years and the member from Post Five shall be elected for a term of two (2) years. Thereafter, members shall be elected at general elections as vacancies occur for terms of four (4) years each. All members of the county board of education in the new Chickasaw County School District shall take office on the first Monday of January following the date of their election.

Miss. Code Ann. § 37-5-9 Nominating petition; election; runoff election.

The name of any qualified elector who is a candidate for the county board of education shall be placed on the ballot used in the general elections by the county election commissioners, provided that the candidate files with the county election commissioners, not more than ninety (90) days and not less than sixty (60) days prior to the date of such general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. Where there are less than one hundred (100) qualified electors in said supervisors district, it shall only be required that said petition of nomination be signed by at least twenty percent (20%) of the qualified electors of such supervisors district. The candidate in each supervisors district who receives the majority of votes cast in the district shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election. When any member of the county board of education is to be elected from the county at large under the provisions of this chapter, then the petition required by the preceding paragraph hereof shall be signed by the required number of qualified electors residing in any part of the county outside of the territory embraced within a municipal separate school district or special municipal separate school district. The candidate who receives the majority of votes cast in the election shall be declared elected. If no candidate receives a majority of the votes cast at the election, a runoff shall be held between the two (2) candidates receiving the highest number of votes in the first election. The runoff election, in the event that such is necessary, shall be held three (3) weeks after the first election. In no case shall any qualified elector residing within a municipal separate school district or special municipal separate school district be eligible to sign a petition of nomination for any candidate for the county board of education under any of the provisions of this section.

Miss. Code Ann. § 37-5-11 Repealed.

Repealed by Laws, 1988, ch. 444, § 3, eff from and after June 15, 1988 (the date the United States Attorney General interposed no objection to the repeal of this section). § 37-5-11 . [Codes, 1942, § 6271-03.5; Laws, 1958, ch. 309, § 4; Laws, 1960, ch. 298, §§ 1-3; Laws, 1966, ch. 404, § 1; Laws, 1968, ch. 396] § 37-5-13 . [Codes, 1942, § 6271-03.5; Laws, 1958, ch. 309, § 4; Laws, 1960, ch. 298, §§ 1-3; Laws, 1966, ch. 404, § 1; Laws, 1968, ch. 396] § 37-5-15 . [Codes, 1942, § 6271-03.7; Laws, 1966, ch. 431, §§ 1-8; Laws, 1968, ch. 397, § 1] § 37-5-17 . [Codes, 1942, §§ 6271-21, 6271-22, 6271-23, 6271-24, 6271-25, 6271-26; Laws, 1966, ch. 428, §§ 1-6] Editor’s Notes — Former § 37-5-11 pertained to the election of county board of education members at large, and the manner of holding an election. Former § 37-5-13 authorized the election of members of the county board of education at large. Former § 37-5-15 pertained to the election of county at-large members in counties within the Yazoo-Mississippi Delta Levee District. Former § 37-5-17 authorized the election of members from county at large in counties with a population between 47,000 and 50,000.

Miss. Code Ann. § 37-5-18 Election of members from special board of education districts in certain counties.

In any county bordering on the Mississippi Sound and having therein at least four (4) municipal separate school districts, each member of the county board of education established by Section 37-5-1 for such county shall be elected from and shall be a resident and qualified elector in a special district determined in the following manner: The board of education of such a county shall apportion the county into five (5) board of education districts in the territory outside the municipal separate school districts and these board of education districts shall be divided as nearly equal as possible according to population, incumbency and other factors heretofore pronounced by the courts. The board of education shall place upon its minutes the boundaries determined for the new five (5) board of education districts. The board of education 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. All incumbents now holding office within the district as presently constituted shall continue holding their respective offices provided they reside within the new district for the remainder of the term of office to which they have heretofore been elected and all members from the respective district shall be elected from the new board of education district constituted as herein provided in the same manner provided by law for the election of members of the county board of education. Any vacancies in the office, whether occasioned by redistricting or by other cause, shall be filled in the manner presently provided by law for the filling of vacancies.

Miss. Code Ann. § 37-5-19 Filling of vacancies on board.

Vacancies in the membership of the county board of education shall be filled by appointment, within sixty (60) days after the vacancy occurs, by the remaining members of the county board of education. Said appointee shall be selected from the qualified electors of the district in which the vacancy occurs, and shall serve until the first Monday of January next succeeding the next general election, at which general election a member shall be elected to fill the remainder of the unexpired term in the same manner and with the same qualifications applicable to the election of a member for the full term. In the event the school district is under conservatorship and no members of the county board of education remain in office, the Governor shall call a special election to fill the vacancies and said election will be conducted by the county election commission. In the event the vacancy occurs more than five (5) months prior to the next general election and the remaining members of the county board of education are unable to agree upon an individual to be appointed, any two (2) of the remaining members may certify such disagreement to the county election commission. Upon the receipt of such a certificate by the county election commission, or any member thereof, the commission shall hold a special election to fill the vacancy, which said election, notice thereof and ballot shall be controlled by the laws concerning special elections to fill vacancies in county or county district offices. The person elected at such a special election shall serve for the remainder of the unexpired term.

Miss. Code Ann. § 37-5-21 Repealed.

Repealed by Laws, 1986, ch. 492, § 44, eff from and after July 1, 1987. § 37-5-21 . [Codes, 1942, § 6271-05; Laws, 1953, Ex Sess ch. 10, § 5; Laws, 1955, Ex Sess ch. 47, § 1; Laws, 1960, ch. 308, § 2; Laws, 1962, ch. 343; Laws, 1966, ch. 405, § 1; Laws, 1970, ch. 523, § 1; Laws, 1972, ch. 392, § 1; Laws, 1975, ch. 488; Laws, 1979, ch. 449; Laws, 1983, ch. 544] § 37-5-23 . [Codes, 1942, § 6271-07; Laws, 1953, Ex Sess ch. 10, § 7] § 37-5-25 . [Codes, 1942, § 6271-07; Laws, 1953, Ex Sess ch. 10, § 7] § 37-5-27 . [Codes, 1942, § 6274-01; Laws, 1953, Ex Sess ch. 16, § 1; Laws, 1954, ch. 267, § 1; Laws, 1962, ch. 378] § 37-5-29 . [Codes, 1942, § 6271-06; Laws, 1953, Ex Sess ch. 10, § 6] § 37-5-31 . [Codes, 1942, § 6274-03; Laws, 1953, Ex Sess ch. 16, § 3; Laws, 1985, ch. 391, § 3; Laws, 1985, ch. 460, § 1] § 37-5-33 . [Codes, 1942, § 6274-07; Laws, 1953, Ex Sess ch. 16, § 7] § 37-5-35 . [Codes, 1930, § 6844; 1942, § 6673; Laws, 1928, Ex Sess ch. 34; Laws, 1930, ch. 278] § 37-5-37 . [Codes, 1930, § 6789; 1942, § 6632; Laws, 1924, ch. 283; Laws 1930, ch. 278; Laws, 1934, ch. 264] § 37-5-39 . [Laws, 1973, ch. 415, § 1] § 37-5-41 . [Laws, 1974, ch. 355; Laws, 1985, ch. 474, § 46; Laws, 1986, ch. 438, § 12] Editor’s Notes — Former § 37-5-21 provided for compensation of members of the county board of education. Former § 37-5-23 pertained to bonding of the county board of education. Former § 37-5-25 related to the recording of votes of members of the county board of education. Former § 37-5-27 related to meetings of a county board of education. Former § 37-5-29 related to the general powers and duties of county boards of education. Former § 37-5-31 related to control of school funds by county boards of education. Former § 37-5-33 permitted a county board of education to act as a central purchasing agency. Former § 37-5-35 permitted a county board of education to set up and operate orphanage public schools. Former § 37-5-37 authorized a county board of education to establish schools for Indians. Former § 37-5-39 authorized school boards to turn recreational areas under their control over to county boards of supervisors or municipalities during the summer months. Former § 37-5-41 authorized county boards of education and all public school boards of education to purchase liability insurance to cover their official actions.

Miss. Code Ann. § 37-5-61 Creation; functions generally; election and term of office [Repealed effective January 1, 2019].

There shall be a county superintendent of education in each county. Said superintendent shall serve as the executive secretary of the county board of education, but shall have no vote in the proceedings before the board and no voice in fixing the policies thereof. In addition, said superintendent shall be the director of all schools in the county school district which are outside the municipal separate school districts. Said superintendent shall be elected at the same time and in the same manner as other county officers are elected and shall hold office for a term of four (4) years. However, in the event that a vacancy in the office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of school shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district.

Miss. Code Ann. § 37-5-63 Establishment of position as appointive office [Repealed effective January 1, 2019].

Notwithstanding the provisions of Section 37-5-61, the office of county superintendent of education may be made appointive in any county in the manner herein provided. Upon the filing of a petition signed by not less than twenty percent (20%) of the qualified electors of such county, it shall be the duty of the board of supervisors of such county, within sixty (60) days after the filing of such petition, to call a special election at which there shall be submitted to the qualified electors of such county the question of whether the office of county superintendent of education of said county shall continue to be elective or shall be filled by appointment by the county board of education of said county. However, where a Class 3 county having an area in excess of eight hundred twenty-five (825) square miles has a county unit school system comprising less than an entire county, the petition shall only be signed by electors residing within the county unit school district and only electors of said district shall vote on the proposition of appointing the county superintendent of education. The order calling such special election shall designate the date upon which same shall be held and a notice of such election, signed by the clerk of the board of supervisors, shall be published once a week for at least three (3) consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county then such notice shall be given by publication of same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county, one of which shall be at the door of the county courthouse in each judicial district. Said election shall be held, as far as is practicable, in the same manner as other elections are held in such county and all qualified electors of the county may vote therein. If a majority of such qualified electors who vote in such election shall vote in favor of the appointment of the county superintendent of education by the county board of education then, at the expiration of the term of the county superintendent of education then in office, the county superintendent of education of said county shall not be elected but shall thereafter be appointed by the county board of education for a term of not more than four (4) years; otherwise, said office shall remain elective. No special election shall be held in any county under the provisions of this section more often than once in every four (4) years, and no change from the elective to the appointive method of the selection of the county superintendent of education shall become effective except at the expiration of the term of the county superintendent of education in office at the time such election is held.

Miss. Code Ann. § 37-5-65 Reestablishment of position as elective office [Repealed effective January 1, 2019].

Where the office of county superintendent of education has been made appointive under the provisions of Section 37-5-63, the same may thereafter be made elective in such county by a petition filed and election held in the same manner provided in said section, all of the provisions of which shall be applicable to such proceedings. Where such change is made from the appointive method back to the elective method the same shall become effective at the date for the commencement of the term of office of other county offices next succeeding such election, and the county superintendent of education of such county shall be elected at the preceding election at the same time and in the same manner as other county officers are elected. Nothing herein shall be construed, however, to authorize the calling of a special election under any of the provisions of this section more often than once in any four years.

Miss. Code Ann. § 37-5-66 Appointment of superintendent by county board of education in certain counties.

Effective with the term of office beginning January 1, 2016, in any Class 1 county bordering the Mississippi River having a population in excess of thirty thousand (30,000), according to the 2010 federal decennial census, wherein Mississippi Highway 49 and U.S. Highway 61 intersect, the county superintendent of education shall be appointed by the county board of education.

Miss. Code Ann. § 37-5-67 Authorization of appointment of county superintendent by county board of education in certain counties [Repealed effective January 1, 2019].

The county superintendent of education shall be appointed by the county board of education: In any county of the first class lying wholly within a levee district and within which there is situated a city of more than forty thousand (40,000) population according to the last federal decennial census; In any county bordering on the Gulf of Mexico or Mississippi Sound, having therein a test facility operated by the National Aeronautics and Space Administration; In any county bordering on the Alabama state line, traversed by the Tombigbee River, and in which is situated a senior institution of higher learning; In any county of the second class wherein Interstate Highway 55 and State Highway 22 intersect and which is also traversed in whole or in part by U. S. Highways 49 and 51, and State Highways 16, 17 and 43 and the Natchez Trace; In any Class 4 county having population in excess of twenty-five thousand (25,000) according to the 1960 federal census, traversed by U. S. Highway 55 and wherein State Highways 12 and 17 intersect; In any county created after 1916 through which the Yazoo River flows; In any Class 4 county having a land area of six hundred ninety-five (695) square miles, bordering on the State of Alabama, wherein the Treaty of Dancing Rabbit was signed and wherein U. S. Highway 45 and State Highway 14 intersect; In any county bordering on the Mississippi River wherein lies the campus of a land-grant institution or lands contiguous thereto owned by the institution; In any county lying within the Yazoo-Mississippi Delta Levee District, bordering upon the Mississippi River, and having a county seat with a population in excess of twenty-one thousand (21,000) according to the federal census of 1960; In any Class 3 county wherein is partially located a national forest and wherein U. S. Highway 51 and State Highway 28 intersect, with a 1960 federal census of twenty-seven thousand fifty-one (27,051) and a 1963 assessed valuation of Sixteen Million Six Hundred Ninety-two Thousand Three Hundred Four Dollars ($16,692,304.00); and In any Class 1 county wherein U. S. Highway 49 and State Highway 16 intersect, having a land area in excess of nine hundred thirty square miles.

Miss. Code Ann. § 37-5-68 County superintendent to be appointed in certain counties; referendum on question of changing from elective method.

Effective with the term of office beginning on January 1, 2012, the county superintendent of education shall be appointed by the county board of education in any county wherein is located the state’s oldest state-supported university, having a population in excess of thirty-eight thousand (38,000) according to the 2000 federal decennial census and in which Mississippi Highways 6 and 7 intersect. Provided, however, if at any time prior to January 1, 2010, or ninety (90) days following August 10, 2009, whichever is earlier, a petition signed by not less than twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the registered, qualified electors of such county, exclusive of the municipal separate school district boundaries, is filed with the county board of education requesting that a referendum be called on the question of changing from the elective method of selecting the county superintendent of education to the appointive method, then the county board of education shall adopt, not later than the next regular meeting, a resolution calling a referendum to be called and held within the county school district boundaries upon the question. The referendum shall be scheduled for not more than six (6) weeks after the date such petition is filed with the board. When a referendum has been called, notice of the referendum shall be published at least five (5) days per week, unless the only newspaper published in the county school district is published less than five (5) days per week, for at least three (3) consecutive weeks, in at least one (1) newspaper published in the county school district. The notice shall be no less than one-fourth (1/4) page in size, and the type used shall be no smaller than eighteen (18) point and surrounded by a one-fourth-inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the referendum, and the last publication shall be made not more than seven (7) days before that date. If no newspaper is published in the county school district, then the notice shall be published in a newspaper having a general circulation in the county school district. The referendum shall be held, as far as is practicable, in the same manner as other referendums and elections are held in the county. At the referendum, all registered, qualified electors of the county school district, exclusive of the municipal separate school district boundaries, may vote. The ballots used at the referendum shall have printed thereon a brief statement of the purpose of the referendum and the words “FOR CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION,” and “AGAINST CHANGING FROM THE ELECTIVE TO THE APPOINTIVE METHOD OF SELECTING THE COUNTY SUPERINTENDENT OF EDUCATION.” The voter shall vote by placing a cross (X) or checkmark (Π) opposite his choice on the proposition. If a majority of the registered, qualified electors of the county school district who vote in the referendum vote in favor of the question, then the change in selection method shall be approved. However, if a majority of the registered, qualified electors who vote in the referendum vote against the question, the change in selection method shall not be approved.

Miss. Code Ann. § 37-5-69 Abolition of office in certain counties; exception of certain counties from provisions concerning choosing of superintendent [Repealed effective January 1, 2019].

In any county organizing a countywide municipal separate school district after the first day of January, 1965, the office of county superintendent of education is hereby abolished. There is excepted from the provisions of subsections (1) and (4) of Section 37-5-61, Sections 37-5-63 through 37-5-67, subsection (1) of Section 37-5-73, and Section 37-5-75, any county of the first class which has a land area of less than four hundred fifty square miles, and has located therein a municipality of more than fifteen thousand population, according to the 1950 federal decennial census.

Miss. Code Ann. § 37-5-71 Selection and qualifications of superintendent; persons disqualified from participating in election of superintendent [Repealed effective January 1, 2019].

The county superintendents of education shall be elected in the manner prescribed by the provisions of this chapter, unless the school district is being reconstituted as provided in Section 37-17-13 or unless such office be made appointive as provided in this chapter, in which case the county superintendent shall be appointed by the county board of education or by the trustees of a separate school district embracing an entire county with a population of fifteen thousand (15,000) or less, as provided in subsection (2) of Section 37-7-203. However, in the event that a vacancy in the elective office of the superintendent of schools elected at the November 2015 general election shall occur before January 1, 2019, the office of superintendent of school shall immediately become an appointed position, and the local school board shall appoint the superintendent of the school district. In all cases he shall have such qualifications as prescribed by Section 37-9-13 and receive such compensation as established under Section 37-9-37. All qualified electors residing within any municipal separate or special municipal separate school district shall not vote in the election for the county superintendent of education: In all counties of the second class which have a population, according to the 1960 federal decennial census of at least thirty-three thousand (33,000) and less than thirty-four thousand (34,000), and having a city located therein which is the Southern Division of the A.T. S.F. Railroad Company; In all counties of the fourth class which have a population, according to the 1960 federal decennial census, in excess of twenty-six thousand (26,000) and less than twenty-seven thousand (27,000), and having located therein the Mississippi State University of Agriculture and Applied Science; In all counties of the first class which have a population, according to the 1960 federal decennial census, in excess of forty-six thousand (46,000) and less than forty-seven thousand (47,000), and having located therein the Mississippi University for Women; In any county bordering on the Mississippi Sound and having a population in excess of one hundred thousand (100,000), according to the 1960 federal decennial census, and having an assessed valuation in excess of Seventy Million Dollars ($70,000,000.00); In any county having a population in excess of eight thousand (8,000) and less than nine thousand (9,000), and having an assessed valuation in excess of Five Million Dollars ($5,000,000.00) but less than Six Million Dollars ($6,000,000.00) in 1960; In any county having a population in excess of twenty-two thousand (22,000) and less than twenty-three thousand (23,000) in 1960, and having a total assessed valuation in excess of Thirteen Million Dollars ($13,000,000.00) in 1960; In any county having a population in excess of fifty-nine thousand (59,000) but less than sixty thousand (60,000), according to the 1960 federal decennial census; In any county bordered on the east by the Alabama line and on the south by the Mississippi Sound; In any county where Mississippi Highway 35 crosses U.S. Highway 80 and whose population, according to the 1960 regular census, was between twenty-one thousand (21,000) and twenty-two thousand (22,000), and in which there are located four (4) or more chicken packing plants, one (1) zipper plant and one or more factories manufacturing Sunbeam electrical appliances; In any county having a population of twenty-six thousand one hundred ninety-eight (26,198) according to the 1970 census wherein Highways 51 and 84 intersect; In any county having a municipal separate school district lying therein, having a population in excess of twenty-one thousand (21,000) but less than twenty-one thousand five hundred (21,500), according to the 1960 decennial census, and having a combined assessed valuation in 1963 in excess of Sixteen Million Nine Hundred Thousand Dollars ($16,900,000.00) but less than Seventeen Million Dollars ($17,000,000.00) according to the State Tax Commission’s compilation; In any county where Mississippi Highway 15 crosses Mississippi Highway 16, whose population was more than twenty thousand (20,000) and less than twenty-one thousand (21,000), according to the regular 1960 census, and within which there is located a Choctaw Indian reservation and school operated by the United States government; In any county where U.S. Highway 45W Alternate intersects Mississippi Highway 50, and having a population of eighteen thousand nine hundred thirty-three (18,933), according to the 1960 federal census; In any county having a population in excess of forty thousand five hundred (40,500), according to the 1960 federal decennial census, wherein U.S. Highways 78 and 45 intersect, and wherein there is a United States fish hatchery; In any county being traversed by Mississippi Highway 15 and U.S. Interstate Highway 20; In all counties wherein there is located a national military park and a national cemetery; In any county where U.S. Highway 82 crosses U.S. Interstate Highway 55 and having a population of twelve thousand three hundred eighty-seven (12,387) according to the 1990 federal decennial census; In any county where U.S. Highway 49E and U.S. Highway 82 intersect, and having a population of thirty-seven thousand three hundred forty-one (37,341) according to the 1990 federal decennial census; In any county bordering the Mississippi River on the west and with a population of less than thirty-one thousand (31,000), according to the 2000 federal decennial census, and with a county seat in which U.S. Highway 49 and U.S. Highway 61 intersect. In any such county, however, the county superintendent of education may be a resident of a municipal separate school district or special municipal separate school district. The qualified electors residing within the municipal separate school districts shall not participate in the election of the county superintendent of education: In any county having a population of more than twenty-seven thousand (27,000) and less than twenty-eight thousand (28,000) and containing therein a municipality having a population in excess of three thousand (3,000), according to the 1960 federal decennial census; In any Class 1 county wherein is located a state-supported university and a National Guard camp, and in which Interstate Highway 59 and U.S. Highway 49 intersect; In any Class 4 county having two (2) judicial districts, wherein is partially located a national forest, and wherein Mississippi Highways 8 and 15 intersect; In any Class 2 county, the southern boundary of which partially borders on the State of Louisiana, traversed by U.S. Highway 98 which intersects Mississippi Highway 13, with a land area of five hundred fifty (550) square miles and having a population of twenty-three thousand two hundred ninety-three (23,293) in the 1960 federal decennial census; In any county bordering on the Gulf of Mexico or the Mississippi Sound having therein a test facility operated by the National Aeronautics and Space Administration; In any county having a population in excess of twenty-seven thousand one hundred seventy-nine (27,179) according to the 1970 federal decennial census, wherein U.S. Highways 45 and 72 intersect; and In any Class 1 county bordering on the Pearl River in which U.S. Highway 80 intersects Mississippi Highway 18 and having a population, according to the federal decennial census of 1970, of forty-three thousand nine hundred thirty-three (43,933). The county superintendent of education, with the approval of the county board of education by its first having adopted a resolution of approval and spread upon its minutes, shall be elected from the county at large, exclusive of the municipal separate school district boundaries: In any county bordering on the State of Tennessee having a land area of seven hundred ten (710) square miles, wherein is located part of a national forest, and wherein U.S. Highway 78 and Mississippi Highway 7 intersect; In any Class 4 county wherein is located the state’s oldest state-supported university, in which Mississippi Highways 6 and 7 intersect. Provided, however, that if the method of selecting the county superintendent of education in such county is changed from an elective method to an appointive method, pursuant to the provisions of Section 37-5-68, this paragraph (b) shall stand repealed; and In any county having a population in excess of seventeen thousand (17,000) and less than eighteen thousand (18,000), according to the 1970 federal decennial census, wherein Mississippi Highways 6 and 9 intersect. In any county having a municipality of between forty-nine thousand (49,000) and fifty thousand (50,000) population according to the 1960 federal census, and adjoining the Alabama line, wherein U.S. Highways 80 and 45 intersect, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district. In any county traversed by the Natchez Trace Parkway wherein U.S. Highway 45 and Mississippi Highway 4 intersect and having a population of seventeen thousand nine hundred forty-nine (17,949) according to the 1960 federal census, the qualified electors residing within any municipal separate school district shall not participate in the election of the county superintendent of education, and such county superintendent of education shall not be a resident of a municipal separate school district.

Miss. Code Ann. § 37-5-73 Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987. [Codes, 1942, §§ 6271-08, 6271-09; Laws, 1953, Ex Sess ch. 10, §§ 8, 9; Laws, 1957, Ex Sess ch. 14; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; Laws, 1968, ch 398, § 1; Laws, 1970, ch. 372, § 1]

Miss. Code Ann. § 37-5-75 Filling of vacancy in office [Repealed effective January 1, 2019].

If a vacancy shall occur in the elective office of the county superintendent of education elected at the November 2015 general election before January 1, 2019, the office of superintendent of school shall immediately become an appointed position, and such vacancy shall be filled by appointment by the county board of education. In such case the person so appointed by the county board of education shall hold office under the terms and for the duration of the employment contracted issued by the board of education under the authority of Section 37-9-25.

Miss. Code Ann. § 37-5-77 Repealed.

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987. § 37-5-77 . [Codes, 1942, § 6252-02; Laws, 1953, Ex Sess ch. 19, § 2; Laws, 1955, Ex Sess ch. 54] § 37-5-79 . [Codes, 1942, § 6252-11; Laws, 1953, Ex Sess ch. 19, § 11] § 37-5-81 . [Codes, 1942, § 6252-03; Laws, 1953, Ex Sess ch. 19, § 3; Laws, 1962, ch. 339] § 37-5-83 . [Codes, 1942, § 6271-10; Laws, 1953, Ex Sess ch. 10, § 10; Laws, 1954, ch. 275; Laws, 1958, ch. 297; Laws, 1960, ch. 308, § 3; Laws, 1966, ch. 407, § 1; Laws, 1968, ch. 399; Laws, 1981, ch. 373, § 1] § 37-5-85 . [Codes, 1942, § 6252-02; Laws, 1953, Ex Sess ch. 19, § 2; Laws, 1955, Ex Sess ch. 54] § 37-5-87 . [Codes, 1942, § 6252-05; Laws, 1953, Ex Sess ch. 19, § 5] § 37-5-89 . [Codes, 1942, § 6252-12; Laws, 1953, Ex Sess ch. 19, § 12; Laws, 1956, ch. 276; Laws, 1966, ch. 403, § 1] § 37-5-91 . [Codes, 1942, § 6252-07; Laws, 1953, Ex Sess ch. 19, § 7; Laws, 1954, ch. 276, § 1; Laws, 1964, 1st Ex Sess ch. 28, §§ 1-4; Laws, 1981, ch. 499, § 2] § 37-5-93 . [Codes, 1942, § 6252-07; Laws, 1953, Ex Sess ch. 19, § 7; Laws, 1954, ch. 276, § 1; Laws, 1964, 1st Ex Sess ch. 28, §§ 1-4; Laws, 1980, ch. 315] § 37-5-95 . [Codes, 1942, § 6274-05; Laws, 1953, Ex Sess ch. 16, § 5] § 37-5-97 . [Codes, 1942, § 6252-06; Laws, 1953, Ex Sess ch. 19, § 6] § 37-5-99 . [Codes, 1942, § 6252-08; Laws, 1953, Ex Sess ch. 19, § 8] § 37-5-101 . [Codes, 1942, § 6274-08; Laws, 1953, Ex Sess ch. 16, § 8] § 37-5-103 . [Codes, 1942, § 6252-09; Laws, 1953, Ex Sess ch. 19, § 9] § 37-5-105 . [Codes, 1942, § 6274-04; Laws, 1953, Ex Sess ch. 16, § 4; Laws, 1977, ch. 376; Laws, 1985, ch. 460, § 2] Editor’s Notes — Former § 37-5-77 related to the bonding of a county superintendent of education. Former § 37-5-79 prohibited a county superintendent of education from teaching in any school while he was in office. Former § 37-5-81 pertained to the office and supplies for a county superintendent of education. Former § 37-5-83 contained provisions for compensation of a county superintendent of education. Former § 37-5-85 provided for the appointment of a warrant deputy county superintendent of education. Former § 37-5-87 provided for the employment and compensation of school supervisors. Former § 37-5-89 pertained to the employment and compensation of clerical help in the office of the county superintendent of education. Former § 37-5-91 related to the general powers and duties of county superintendents of education. Former § 37-5-93 authorized a county superintendent of education to serve as a special fiscal officer. Former § 37-5-95 required a county superintendent of education to keep minutes of the county board of education. Former § 37-5-97 required a county superintendent of education to keep records of his official acts. Former § 37-5-99 required a county superintendent to submit special reports on the status of superintendents, principals and teachers. Former § 37-5-101 required a county superintendent of education to serve as the superintendent of a county-wide school district. Former § 37-5-103 provided for settlement of disputes and controversies arising in public schools of a county. Former § 37-5-105 required a county superintendent of education to maintain a record in his office styled the “Docket of Claims.”

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