School districts; require teachers and other licensed personnel to be paid on a semimonthly basis.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Porter, Nelson

HOUSE BILL NO. 1539

AN ACT TO AMEND SECTIONS 37-9-39 AND 37-151-103, MISSISSIPPI 1
CODE OF 1972, TO REQUIRE TEACHERS AND OTHER LICENSED PERSONNEL 2
EMPLOYED BY SCHOOL DISTRICTS TO BE PAID ON A SEMIMONTHLY BASIS; 3
AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 37-9-39, Mississippi Code of 1972, is 6
amended as follows: 7
37-9-39. (1) All school districts shall process a 8
semimonthly payroll for licensed employees and may process a 9
single monthly or a bimonthly payroll for nonlicensed employees, 10
in the discretion of the local school board, consistent with the 11
provisions of Section * * * 37-151-103(1), except for December, 12
when all salaries or wages for the month shall be paid by the last 13
working day. * * * The standard contract for school district 14
employees prescribed by the State Board of Education shall provide 15
that school district employees shall earn a salary payable in 16
equal * * * semimonthly installments beginning in the first month 17
of employment, regardless of the number of days worked in any 18
particular month by the employee. Any employee failing to 19
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complete the contractual obligation of service, and who receives 20
payment in excess of the installment for the period which such 21
employee ceases employment with the school district, shall become 22
liable immediately to the school board of the employing district 23
for the sum of all amounts received in payment less the 24
corresponding amount of any compensation paid for which service 25
has been rendered, plus interest accruing at the current Stafford 26
Loan rate at the time the person discontinues his or her service. 27
(2) Any school employee whose employment ends during a 28
school term, regardless of the reason(s) the employment ended, 29
shall be paid salary or wages only for that portion of the school 30
term that employee actually worked. Nothing in this subsection 31
(2) shall be construed to entitle any employee to payment of 32
salary or wages when no work has been performed. 33
SECTION 2. Section 37-151-103, Mississippi Code of 1972, is 34
amended as follows: 35
37-151-103. (1) Funds due each school district and charter 36
school under the total funding formula provided in Sections 37
37-151-200 through 37-151-215 shall be paid in the following 38
manner: Two (2) business days prior to the last working day of 39
each * * * semimonthly payroll period, there shall be paid to each 40
school district and charter school, by electronic funds 41
transfer, * * * one twenty-fourth (1/24) of the funds to which the 42
district or charter school is entitled from funds appropriated for 43
total funding formula. However, * * * payment for both 44
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semimonthly payroll periods in December shall be made on December 45
15 or the next business day after that date. All school districts 46
shall process a * * * semimonthly payroll for licensed employees 47
and, in the discretion of the local school board, may process a 48
single monthly or semimonthly payroll for nonlicensed employees, 49
with electronic settlement of payroll checks secured through 50
direct deposit of net pay for all school district employees. In 51
addition, the State Department of Education may pay school 52
districts and charter schools under the total funding formula on a 53
date earlier than provided for by this section if it is determined 54
that it is in the best interest of school districts and charter 55
schools to do so. 56
However, if the cash balance in the State General Fund is not 57
adequate on the due date to pay the amounts due to all school 58
districts and charter schools in the state as determined by the 59
State Superintendent of Public Education, the State Fiscal Officer 60
shall not transfer the funds payable to any school district or 61
districts or charter schools until money is available to pay the 62
amount due to all districts and charter schools. 63
(2) Notwithstanding any provision of this chapter or any 64
other law requiring the number of children in net enrollment or 65
the net enrollment of transported children to be determined on the 66
basis of the preceding year, the State Board of Education is 67
hereby authorized and empowered to make proper adjustments in 68
allotments in cases where major changes in the number of children 69
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ST: School districts; require teachers and
other licensed personnel to be paid on a
semimonthly basis.
in net enrollment or the net enrollment of transported children 70
occurs from one (1) year to another as a result of changes or 71
alterations in the boundaries of school districts, the sending of 72
children from one (1) county or district to another upon a 73
contract basis, the termination or discontinuance of a contract 74
for the sending of children from one (1) county or district to 75
another, a change in or relocation of attendance centers, or for 76
any other reason which would result in a major decrease or 77
increase in the number of children in net enrollment or the net 78
enrollment of transported children during the current school year 79
as compared with the preceding year. 80
SECTION 3. This act shall take effect and be in force from 81
and after July 1, 2026. 82