MCA Chapter 65

in effect

Miss. Code Ann. § 37-65-1 Conditions under which governor may close public schools or institutions of higher learning.

In addition to all other power and authority which may now be vested in the governor of the State of Mississippi by its constitution and statutes, or either, and any power or authority which may be vested in him by common law as governor as such, the governor of the State of Mississippi is hereby vested with the authority to close any one or more or all schools in any school, agricultural high school, or junior college district, or to close any institution of higher learning in the State of Mississippi when, in his discretion, he determines such closure to be to the best interest of a majority of the educable children of any public school district, or to the best interest of a majority of the children or persons eligible to attend any agricultural high school or agricultural high school and junior college district, or to the best interest of any institution of higher learning, or to the best interest of a majority of the persons or children enrolled in any such school or schools, or any agricultural high school or agricultural high school and junior college, or any institution of higher learning. The governor as such is also vested with such supplemental and additional authority to close any one or more or all of said public schools in any such school district, or agricultural high school district, or agricultural high school and junior college district when, in his discretion, he determines such closure will promote or preserve the public peace, order, or tranquility of such district or districts and as such governor he is also vested with the authority to close any one or more or all of said institutions of higher learning when, in his discretion, he determines such closure will promote or preserve the public peace, order, or tranquility in and of such institutions, or the community in which such may be situated or in or of the State of Mississippi.

Miss. Code Ann. § 37-65-3 Governor’s proclamation closing schools or institutions of higher learning.

The decision or determination to close any one or more of the schools, colleges or institutions of higher learning as provided in Section 37-65-1, shall be effectuated and evidenced by a proclamation of the governor of the State of Mississippi, which shall be effective upon his execution or issuance thereof, and such schools, colleges, or institutions of higher learning closed according to the provisions of this article shall remain so closed until said governor shall execute or issue a further proclamation opening same. The use by said governor of the power vested in him by the terms of this article may be exercised from time to time as, in his discretion, he may deem necessary for any or all of the purposes specified in Section 37-65-1 and any proclamation of closure need not specify the period of time during which such closure shall be effective.

Miss. Code Ann. § 37-65-5 Person entering upon closed school’s premises without approval of governor is a trespasser; penalty.

Upon the closure of any such school, college, or institution of higher learning, no person shall go or enter upon the premises thereof except with the permission or approval of said governor, and any other person going or entering upon said premises shall be a trespasser and guilty of a misdemeanor under the laws of the State of Mississippi. Upon conviction thereof, such person shall be fined not more than five hundred dollars ($500.00), or be imprisoned in the county jail for not more than thirty days, or be both so fined and imprisoned.

Miss. Code Ann. § 37-65-7 Salaries of superintendents, teachers and other employees may be paid while schools are closed.

The board of trustees of any such school district, agricultural high school district or agricultural high school and junior college district, and the board of trustees of state institutions of higher learning, respectively, as the case may be, may, in their discretion, pay all or any part of the salary of all superintendents, principals, teachers and other employees during or for the period when any of the said schools, agricultural high schools, agricultural high schools and junior colleges, or institutions of higher learning are closed in accordance with the terms of this article, and funds shall be drawn from the same source or sources as such funds would be drawn to pay such items if the schools, agricultural high schools, agricultural high schools and junior colleges, or institutions of higher learning had not been closed.

Miss. Code Ann. § 37-65-9 Students affected by closing of school may be transferred to other schools.

Upon and during the closure in accordance with the provisions of this article of any school, the educable children or enrolled students affected thereby may be assigned or transferred, as the case may be, to another school or district, as the case may be, in accordance with the laws of this state.

Miss. Code Ann. § 37-65-11 Teachers and other employees affected by closing of schools may be employed in other schools.

Upon or during any period of closure in accordance with the provisions of this article, any teacher or other employee affected thereby may be, by the board of trustees of such school district, college or institution of higher learning, placed in any other school within the district or any other junior college or institution of higher learning, as the case may be, or may be employed in such other school or junior college or institution of higher learning.

Miss. Code Ann. § 37-65-13 Routes and facilities may be changed to accommodate transportation of pupils during school closure.

Upon or during any closure of any school in accordance with the provisions of this article, any and all transportation routes or transportation facilities may be changed or adjusted by the interested board or boards of trustees to accommodate the transportation of children who would be otherwise entitled to transportation had such closure not occurred.

Miss. Code Ann. § 37-65-15 Closing of schools shall not affect retirement benefits.

Upon or during any closure of any school, junior college or institution of higher learning in accordance with the terms of this article, the retirement benefits under existing law of any teacher, superintendent, principal or other employee shall in no way be affected by the same or because of the period of time elapsing during which such school, junior college or institution of higher learning may be closed.

Miss. Code Ann. § 37-65-17 Period of closure shall not be deducted from time earned toward certification.

Should any school, junior college or institution of higher learning be closed in accordance with the terms of this article, such period of closure shall not be subtracted from the period of time which would otherwise be earned by any superintendent, principal, teacher or other employee employed to render services in and about the conduct and operation of any such school, junior college or institution of higher learning, as to any certification to which such person might otherwise be entitled.

Miss. Code Ann. § 37-65-19 Elapsed time during closure shall not be deducted from time schools are required to be operated during scholastic year.

The period of time which may elapse during any closure of any school, junior college or institution of higher learning in accordance with the terms of this article, shall not be deducted or counted as a deduction from any period of time which by any other law of this state such school, junior college or institution of higher learning is required to be operated in any scholastic year. The provision of any other law of this state setting a minimum time or number of days which any such school, junior college or institution of higher learning is required to be operated in any scholastic year shall not prevent the closure provided for in this article, and in the event of any conflict between the terms of this article and any such other law, the provisions of this article shall control.

Miss. Code Ann. § 37-65-21 Construction of article.

The fact that the power and authority to close any one or more or all of the schools of any school district, or any agricultural high school, or any agricultural high school and junior college, or any institution of higher learning may be by some other law of the State of Mississippi vested in some other person or officer or board shall not cause this article and any other such law to be in conflict nor shall same be construed to be in conflict with each other, and the power and authority vested in each such board or boards of trustees or person or officer may be exercised by each or either, independent of the other such board or boards or person or persons or officer or officers.

Miss. Code Ann. § 37-65-101 Conditions under which board of trustees may close public schools.

In addition to all other power and authority which may now be vested in any board of trustees of any school district by the constitution or statutes, or both, of the State of Mississippi, any such board of trustees is hereby vested with the authority to close any one or more or all schools in any school district when, in its discretion, it determines such closure to be to the best interest of a majority of the educable children of the territory served, or to the best interest of a majority of the children enrolled in any such school or schools. Said board of trustees is also vested with the authority, in its discretion, to close any one or more or all schools in any school district when such board, in its discretion, determines such closure will promote or preserve the public peace, order or tranquility of the district.

Miss. Code Ann. § 37-65-103 Order closing schools.

The decision or determination to close any one or more or all schools of the district shall be effectuated and evidenced by an order of such board of trustees directing the same, entered upon the minutes of such board, and the same shall be sufficient by an adjudication or determination therein of any one or more reasons authorizing such action as set out in Section 37-65-101, and it shall not be necessary to include in said order any fact or detail other than the said reason or reasons above mentioned. Any one or more or all schools of the district which may be closed, as hereinabove provided for, shall remain closed until further order of said board of trustees made and entered upon its minutes opening such school or schools or all schools of the district.

Miss. Code Ann. § 37-65-105 Salaries of superintendents, teachers and other employees may be paid while schools are closed.

The board of trustees of any such school district may, in its discretion, pay all or any part of the salary of all superintendents, principals, teachers and other employees during or for the period when any of the said schools are closed in accordance with the terms of this article, and funds shall be drawn from the same source or sources as such funds would be drawn to pay such items if the school or schools had not been closed.

Miss. Code Ann. § 37-65-107 Students affected by closing of school may be transferred to other schools.

Miss. Code Ann. § 37-65-109 Teachers and other employees affected by closing of schools may be placed in other schools.

Miss. Code Ann. § 37-65-111 Routes and facilities may be changed to accommodate transportation of pupils during school closure.

Upon or during any closure of any school according to the provisions of this article, any and all transportation routes or transportation facilities may be changed or adjusted by the interested board or boards of trustees to accommodate the transportation of children who would be otherwise entitled to transportation had such closure not occurred.

Miss. Code Ann. § 37-65-113 Closing of schools shall not affect retirement benefits.

Upon or during any closure of any school in accordance with the terms of this article, the retirement benefits under existing law of any teacher, superintendent, principal or other employee shall in no way be affected by the same or because of the period of time elapsing while such school or junior college or institution of high learning may be closed.

Miss. Code Ann. § 37-65-115 Period of closure shall not be deducted from time earned toward certification.

Should any school be closed in accordance with the terms of this article, such period of closure shall not be subtracted from the period of time which would otherwise be earned by any superintendent, principal, teacher or other employee employed to render services in and about the conduct and operation of any such school, as to any certification to which such person might otherwise be entitled.

Miss. Code Ann. § 37-65-117 Elapsed time during closure not to be deducted from time schools are required to be operated during scholastic year.

The period of time which may elapse during any closure of any school in accordance with the terms of this article, shall not be deducted or counted as a deduction from any period of time which by any other law of this state such school is required to be operated in any scholastic year. The provisions of any other law of this state setting a minimum time or number of days which any such school is required to be operated in any scholastic year shall not prevent the closure provided for in this article, and, in the event of any conflict between the terms of this article and any such other law, the provisions of this article shall control.

Miss. Code Ann. § 37-65-119 Duties incumbent upon board of trustees upon filing of petitions to reopen schools.

If a petition or petitions be filed with the secretary or president of the board of trustees, signed in person in accord with the provisions of this article by three-fifths of the persons who are qualified electors in or of the school district in which any one or more schools have been closed and three-fifths of the qualified electors who reside in the territory comprising the attendance area, if any has been designated, served by any school which may be closed, requesting the opening of a school or schools which have been closed and specifying the school or schools the re-opening of which is requested by the petition they signed, then it shall be the mandatory duty of such board of trustees to forthwith determine whether said petition or petitions are signed by the said requisite number of said qualified electors. In order to facilitate the determination by the board of whether the petition or petitions have been signed by the requisite number of said qualified electors and so that the board of trustees may have the completed petitions before it upon which its determination shall be made, all petitions requesting the opening of the same school or schools shall be filed not later than seven days after the filing of the first petition addressed to the re-opening of the same school or schools; in computing such period of time the day of filing the said first petition shall be excluded. The board of trustees with whom any such petition or petitions are filed shall check and verify every petition or petitions filed with it to determine whether it be properly signed or executed by the required number of qualified electors. Such board of trustees is fully authorized to employ such person or persons, including counsel, as it may deem necessary in order to expeditiously make such investigation, and it is also authorized to hold such hearing or hearings as it may deem necessary in and about its said investigation and determination. All persons purporting to have signed said petition or petitions shall cooperate with said board of trustees in and about such investigation and determination. The said board of trustees shall diligently proceed with and complete its investigation and determination of whether said petition or petitions are signed by the requisite number of qualified electors so as to avoid unnecessary delay and in any event shall complete same within not more than forty-five days after the last day upon which, in accord with this section, any petition or petitions may be filed as above provided for. The verification by the board of trustees of the signatures to said petition or petitions shall include an examination of the records on file in the office of the circuit clerk or registrar of the county or counties in which the school district involved may be situated. If it be apparent upon the face of the petition or petitions that same are not signed by the requisite number of qualified electors, when all petitions are considered together which may have been filed within such period of time above provided for, the said board of trustees may make its determination upon the sufficiency of said petition without making the detailed investigation or incurring the expense which would otherwise be incurred by such investigation and check of the records. Within three days after the board of trustees shall have determined whether said petition or petitions do or do not contain the requisite number of signatures to re-open any school or schools therein designated, it shall hold a regular or special meeting at the place where its regular meetings are held, if the building containing same be then in existence, or, otherwise, in some other public place within the district to be selected by the president of said board of trustees, and there make the official announcement and determination of the sufficiency or insufficiency of the said petition or petitions to cause a re-opening of any school or schools which have been closed in accord with the terms of this article and enter an order evidencing its determination. If it finds that said petition or petitions are insufficient to cause such a re-opening of any such school, it shall so state in its order, but if it finds that the petition or petitions are sufficient in accord with the terms of this article to cause a re-opening of any school or schools previously closed, it shall order that the school or schools be re-opened and go into operation within one week from the date of such meeting; the day of the entry of such order shall be included in such computation of time. Upon the entry of such order all students which have been transferred to other schools and all employees who have been working in other schools and all other employees and all other students who were enrolled in any school or schools which were closed shall, on the day appointed for the re-opening of said school or schools, report for classes and duty in the school or schools where they were attending or working when such school or schools were closed, and such order shall automatically be a re-transfer of such students and employees.

Miss. Code Ann. § 37-65-121 Copies of petition shall be forwarded to state superintendent of public education.

A signed duplicate original copy or a photostatic or other reproduced copy, not a hand or typewritten copy, of the petition or petitions provided for in Section 37-65-119, shall be sent by registered or certified mail to the state superintendent of public education on the day when one such copy shall have been filed with or delivered to the president or secretary of the board of trustees to which such petitions be directed. Such copy or copies above mentioned may be transmitted to the state superintendent of public education by the person or persons filing or delivering same to said president or secretary of said board of trustees and shall be accompanied by the oath of such person or persons as to such facts and the date or dates on which such action was done. If such is not done the original petition shall have no validity. All duplicate original signed copies or other copy or copies of said petitions, as hereinabove provided for, shall be preserved for not less than one calendar year from the date of said filing and same shall be public records.

Miss. Code Ann. § 37-65-123 “Qualified elector” defined.

The words “qualified elector” or “qualified electors” for the purposes of this article, shall in addition to the provisions of the first paragraph of Section 37-65-119, mean: A person, who on the day he or she signs any petition provided for in the section, is properly registered and qualified to vote in a county wide election of the county if such were then held, according to the voter roll as electronically maintained in the Statewide Elections Management System in the office of the circuit clerk and registrar of the county, in which all or any part of the school district is located, and who is a resident of the school district in which one or more schools have been closed, and who (a) is qualified to vote in an election of a trustee of that school district, if any be elective and (b) if the school district be a municipal separate school district or a special municipal separate school district and such person lives within the corporate limits of the municipality then such person must be qualified to vote in a city wide election if such were held on the day he or she signs any petition herein provided for.

Miss. Code Ann. § 37-65-125 Details of petitions.

No person shall sign any such petition or petitions provided for in Section 37-65-119 who is not a qualified elector. All petitions shall be signed in person. Opposite or under his name, every signer shall, in a manner readily identifiable with his name, give the following information: his post office and street address, if any; the name in or by which he is registered upon the county registration books; his occupation; where employed, if employed; the voting precinct where he last voted if he has voted within the last three years; if the school district includes part of two judicial districts and has two offices of the circuit clerk and registrar, he shall specify the municipality in which is located the circuit clerk’s office where he is registered; and whether he is parent, natural or adoptive, or guardian, as the case may be, of a child or children enrolled in a school of the district and if so, the name of the child or children and the school in which said child or children may be enrolled. Any name signed to such a petition which does not give all information required above shall not constitute a valid signature to any such petition and shall be disregarded in computing the number of qualified electors who may have signed any such petition.

Miss. Code Ann. § 37-65-127 Board may act at regular or special meeting.

Any action or order of the board of trustees provided for in this article or deemed necessary may be taken at any regular or special meeting thereof, held at the place where such board holds its regular meetings, or otherwise as provided in this article and at which a majority of the board of trustees shall be present.

Miss. Code Ann. § 37-65-129 Appeals.

In the event any board of trustees shall fail or refuse to comply with the provisions of Sections 37-65-119 through 37-65-127, a failure to act being equivalent to a refusal, then any ten or more qualified electors who have personally signed said petition may appeal from the action or nonaction of such board of trustees to the chancery court of the county in which all or a major portion of such school district is situated, within twenty days after the date by which said board is required to determine whether such petition or petitions are properly signed by the required percentage of qualified electors necessary to require the opening of any school or schools of the district which have been closed. Such appeal shall not serve as a supersedeas or cause an opening of such school or schools pending the hearing of the appeal unless a court or chancellor in vacation, for good cause shown, orders such school or schools to be opened pending the appeal. The appeal shall be by sworn bill of complaint, filed in such chancery court within said twenty-day period. The secretary of the interested board or boards of trustees shall, within fifteen days after the filing of such bill of complaint, file in such chancery court a certified copy of all orders, petitions and findings by such board of trustees; however, he may, in his discretion, file, instead of making copies thereof, the duplicate original copy of the petitions theretofore filed or delivered, if such has been done, with the president or secretary of said board of trustees. Neither the provisions of this section nor any other provision of this article shall be or constitute any waiver of the immunity from suit of any school district or member of the board of trustees thereof except strictly in accord with the terms of this article. The hearing on appeal shall be de novo and may be heard in term time or in vacation on such date as the chancellor may set. The court may enter such order as the board of trustees involved should have made or affirm the action of such board of trustees. Said appeal shall be tried in the same manner and by the same rules of pleading, procedure and evidence as other causes in chancery courts of Mississippi. The action of such board of trustees shall be affirmed if there be substantial evidence to support the action taken by it. The said board and any qualified electors of the district, by proper pleading, answer or demurrer as used in the chancery courts of this state, may defend the action or nonaction of the board from which the appeal is taken, and be a party thereto. Any parties to such appeal may appeal from the decision of the chancellor or chancery court to the supreme court of Mississippi as in appeals in other cases from the chancery courts of this state and such case shall be a preference case and treated as such.

Miss. Code Ann. § 37-65-131 Construction of article.

The fact that the power and authority to close any one or more or all of the schools of any school district may, by some other law of the State of Mississippi, be vested in some other person or officer or board shall not cause this article and any other such law to be in conflict nor shall the same be construed to be in conflict with each other, and the power and authority vested in each such board or boards of trustees or person or officer may be exercised by each or either, independent of the other such board or boards or person or persons or officer or officers.