School board members; authorize grounds and prescribe procedures for removal from office.

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To: Education; Apportionment
and Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Remak, Eubanks, Harris,
Hulum, Keen, Holloway (76th)

HOUSE BILL NO. 573

AN ACT TO PROVIDE FOR THE REMOVAL OF SCHOOL BOARD MEMBERS FOR 1
MALFEASANCE, MISFEASANCE OR NONFEASANCE IN OFFICE OR FOR OTHER 2
JUST CAUSE, INCLUDING, NEGLECT TO PERFORM OFFICIAL DUTIES 3
ASSOCIATED WITH THE CONDUCT OF PUBLIC SCHOOLS AND PROGRAMS, BREACH 4
OF PUBLIC TRUST OR ABUSE OF AUTHORITY; TO REQUIRE THE LOCAL SCHOOL 5
BOARD TO MAKE AN OFFICIAL RECOMMENDATION FOR REMOVAL TO THE 6
APPROPRIATE LOCAL GOVERNING AUTHORITY; TO PRESCRIBE THE MANNER FOR 7
NOTICE AND ADMINISTRATIVE PROCEEDINGS PROVIDED TO THE ACCUSED 8
SCHOOL BOARD MEMBER RECOMMENDED FOR REMOVAL; TO PROVIDE THAT THE 9
LOCAL GOVERNING AUTHORITY SHALL ACT AS THE REVIEWING BODY WHICH 10
SHALL VOTE UPON ITS FINDINGS UPON THE CONCLUSION OF THE HEARING; 11
TO PROVIDE THAT THE REMOVAL OR NONREMOVAL OF AN ACCUSED SCHOOL 12
BOARD MEMBER SHALL REQUIRE A MAJORITY VOTE OF THE LOCAL GOVERNING 13
AUTHORITY; TO PROVIDE AN APPEALS PROCESS FOR AN AGGRIEVED PARTY; 14
TO AMEND SECTION 37-6-13, MISSISSIPPI CODE OF 1972, TO PROVIDE 15
THAT CHRONIC ABSENTEEISM FROM ATTENDING MEETINGS OF THE SCHOOL 16
BOARD MAY CONSTITUTE GROUNDS FOR REMOVAL FOR NEGLECT TO PERFORM 17
OFFICIAL DUTIES ASSOCIATED WITH THE CONDUCT OF PUBLIC SCHOOLS; AND 18
FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. (1) (a) Upon the official recommendation of 21
removal by the local school board, duly spread upon the minutes 22
and presented by the president of the board to the appropriate 23
local governing authority, any school board member may be removed 24
for malfeasance, misfeasance or nonfeasance in office or for other 25
just cause, including, neglect to perform official duties 26
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associated with the conduct of public schools and programs under 27
the provisions of Title 37, Mississippi Code of 1972, breach of 28
public trust or abuse of authority. 29
(b) Upon receipt of the school board's recommendation 30
for removal under any grounds of violation specified in paragraph 31
(a), the local governing authority shall act as the reviewing 32
body. The governing authority shall send a copy of the 33
recommendation and any supporting documents to the accused school 34
board member along with a summons requiring the accused to respond 35
to the allegations within thirty (30) days. The notification 36
shall be accomplished by any of the methods provided for in Rule 4 37
of the Mississippi Rules of Civil Procedure or by certified mail. 38
If the accused does not respond within the thirty-day period, he 39
or she shall be considered to be in default. Upon receipt of the 40
response and any supporting documents from the accused, the local 41
governing authority shall determine the merits of the complaint. 42
The local governing authority may meet informally with the accused 43
and discuss the alleged violation. 44
(2) (a) If the local governing authority determines that 45
the recommendation for removal lacks merit, it may dismiss the 46
recommendation. 47
(b) If the local governing authority determines that 48
there is substantial evidence that a violation has occurred or if 49
the accused admits to the truth of the allegations upon which the 50
recommendation for removal is based, the governing authority 51
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shall set a date within fifteen (15) days of such determination 52
upon which a hearing shall be held in connection with the vote 53
upon the question of whether or not the accused school board 54
member shall be removed. 55
(c) A court reporter shall be in attendance and shall 56
record the proceedings. The local governing authority shall have 57
the right and duty to impose reasonable restrictions as it may 58
deem necessary or appropriate to insure an orderly, expeditious 59
and impartial proceeding. The parties may offer oral testimony 60
through witnesses and shall have the right of cross-examination. 61
The rules of evidence shall be relaxed. 62
(d) At the conclusion of the hearing the local 63
governing authority shall take a vote upon its findings. A 64
majority vote of the governing authority shall be required to 65
affirm the removal or nonremoval of the accused school board 66
member. 67
(3) (a) Any individual aggrieved by a final decision of the 68
local governing authority shall be entitled to judicial review. 69
(b) An appeal from the decision of the hearing 70
committee shall be made by filing a written notice of appeal with 71
the circuit court clerk of the county where the accused resides. 72
The notice of appeal and the payment of costs must be filed and 73
paid with the circuit clerk, within thirty (30) days of the entry 74
of the order being appealed. The appeal shall otherwise be 75
conducted in accordance with existing laws and rules. 76
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(c) Any party aggrieved by the action of the circuit 77
court may appeal to the Mississippi Supreme Court in the manner 78
provided by law and rules. 79
(4) For purposes of this section, the following terms shall 80
have the meanings ascribed herein: 81
(a) "Malfeasance in office" means the intentional and 82
unlawful conduct that causes harm to someone else. 83
(b) "Misfeasance in office" means the improper 84
execution of a lawful act while acting in an official capacity. 85
(c) "Nonfeasance in office" means the failure to 86
perform a legal duty or obligation. 87
(d) "Breach of public trust" means a public official or 88
government figure abuses his or her position by acting in a way 89
that violates the faith and confidence the public has placed in 90
them, often by prioritizing personal gain over the public 91
interest, and resulting in a loss of community trust. For 92
purposes of this definition, "loss of community trust" refers to 93
actions or behavior by a board member that significantly 94
undermines public confidence in the school district's governance, 95
which may include:
96
(i) Repeated violations of board ethics or 97
professional conduct standards; 98
(ii) Public behavior that brings disrepute to the 99
board district; or 100
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(iii) Conduct that creates substantial disruption 101
to the board's operation. 102
(e) "Abuse of authority" means an individual's improper 103
use of power and authority inherent in the position held, by means 104
of intimidation, threats, blackmail or coercion, intentional 105
misuse of position to influence decisions, secure unwarranted 106
privileges or take action in ways that exceed the scope of board 107
member responsibilities, or knowingly violating board bylaws or 108
ethical rules. However, it does not include the legitimate 109
exercise of an individual's supervisory power or authority. 110
SECTION 2. Section 37-6-13, Mississippi Code of 1972, is 111
amended as follows: 112
37-6-13. (1) Each person serving as a member of the school 113
board of any school district shall receive per diem in the amount 114
of One Hundred Twelve Dollars ($112.00) for no more than 115
thirty-six (36) meetings of the school board during any one (1) 116
fiscal year or, in his or her discretion, irrevocably may choose 117
to receive as compensation for his or her services an annual 118
salary, subject to the following provisions: 119
(a) For a person serving as a member of the school 120
board of a school district with less than five thousand (5,000) 121
students enrolled in the school district, the person shall receive 122
an annual salary of Four Thousand Dollars ($4,000.00); 123
(b) For a person serving as a member of the school 124
board of a school district with at least five thousand (5,000) 125
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students but less than ten thousand (10,000) students enrolled in 126
the school district, the person shall receive an annual salary of 127
not less than Four Thousand Dollars ($4,000.00) but not more than 128
Five Thousand Dollars ($5,000.00); and 129
(c) For a person serving as a member of the school 130
board of a school district with greater than ten thousand (10,000) 131
students enrolled in the school district, the person shall receive 132
an annual salary of not less than Four Thousand Dollars 133
($4,000.00) but not more than Six Thousand Dollars ($6,000.00). 134
This choice shall remain in force for all successive terms or 135
periods of service of that member. The receipt of the 136
compensation shall not entitle any member of a school board to 137
receive or be eligible for any state employee group insurance, 138
retirement or other fringe benefits. Each member shall be 139
reimbursed for the necessary expenses and mileage in attending 140
meetings of the school board. In addition to the foregoing, all 141
members may be reimbursed for mileage and actual expenses incurred 142
in the further performance of their duties, including attendance 143
at any mandatory school board training session or at regional and 144
national education meetings, when such mileage and other expenses 145
are authorized by the board prior to the date on which they occur. 146
Detailed vouchers shall be submitted for reimbursement for all 147
expenses authorized by this section. Such reimbursement shall be 148
in accordance with Section 25-3-41. 149
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Such expenses shall be paid on order of the school board by 150
pay certificates issued by the superintendent of the school 151
district involved against the funds available for payment of the 152
administrative expense of the district. 153
(2) (a) If a member of a school board misses twenty percent 154
(20%) or more of the meetings of the school board during a 155
calendar year, except for absences caused by required military 156
duty, the member must reimburse the school district that portion 157
of the total salary paid to the member that year which is 158
proportionate to the number of meetings missed by the member in 159
relation to the total number of school board meetings held during 160
that year. For purposes of this subsection, consideration may be 161
given only to meetings of which public notice is required. 162
Failure of a member to regularly attend meetings of the school 163
board so as to constitute chronic absenteeism, as indicated by 164
missing twenty percent (20%) or more of the meetings, shall 165
subject such member to recommendation for removal from the board 166
for neglect to perform official duties as prescribed in Section 1 167
of this act. 168
(b) Before February 1 of each year, the president of 169
each local school board shall submit a report to the State Board 170
of Education containing the names of any members of the school 171
board who missed twenty percent (20%) or more of the school board 172
meetings during the preceding calendar year. 173
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ST: School board members; authorize grounds and
prescribe procedures for removal from office.
SECTION 3. This act shall take effect and be in force from 174
and after July 1, 2026. 175