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

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2068

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) of this subsection, the local governing authority shall act as 32
the reviewing body. The governing authority shall send a copy of 33
the recommendation and any supporting documents to the accused 34
school board member along with a summons requiring the accused to 35
respond to the allegations within thirty (30) days. The 36
notification shall be accomplished by any of the methods provided 37
for in Rule 4 of the Mississippi Rules of Civil Procedure or by 38
certified mail. If the accused does not respond within the 39
thirty-day period, he or she shall be considered to be in default. 40
Upon receipt of the response and any supporting documents from the 41
accused, the local governing authority shall determine the merits 42
of the complaint. The local governing authority may meet 43
informally with the accused 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. 92
(e) "Abuse of authority" means an individual's improper 93
use of power and authority inherent in the position held, by means 94
of intimidation, threats, blackmail or coercion. However, it does 95
not include the legitimate exercise of an individual's supervisory 96
power or authority. 97
SECTION 2. Section 37-6-13, Mississippi Code of 1972, is 98
amended as follows: 99
37-6-13. (1) Each person serving as a member of the school 100
board of any school district shall receive per diem in the amount 101
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of One Hundred Twelve Dollars ($112.00) for no more than 102
thirty-six (36) meetings of the school board during any one (1) 103
fiscal year or, in his or her discretion, irrevocably may choose 104
to receive as compensation for his or her services an annual 105
salary, subject to the following provisions: 106
(a) For a person serving as a member of the school 107
board of a school district with less than five thousand (5,000) 108
students enrolled in the school district, the person shall receive 109
an annual salary of Four Thousand Dollars ($4,000.00); 110
(b) For a person serving as a member of the school 111
board of a school district with at least five thousand (5,000) 112
students but less than ten thousand (10,000) students enrolled in 113
the school district, the person shall receive an annual salary of 114
not less than Four Thousand Dollars ($4,000.00) but not more than 115
Five Thousand Dollars ($5,000.00); and 116
(c) For a person serving as a member of the school 117
board of a school district with greater than ten thousand (10,000) 118
students enrolled in the school district, the person shall receive 119
an annual salary of not less than Four Thousand Dollars 120
($4,000.00) but not more than Six Thousand Dollars ($6,000.00). 121
This choice shall remain in force for all successive terms or 122
periods of service of that member. The receipt of the 123
compensation shall not entitle any member of a school board to 124
receive or be eligible for any state employee group insurance, 125
retirement or other fringe benefits. Each member shall be 126
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reimbursed for the necessary expenses and mileage in attending 127
meetings of the school board. In addition to the foregoing, all 128
members may be reimbursed for mileage and actual expenses incurred 129
in the further performance of their duties, including attendance 130
at any mandatory school board training session or at regional and 131
national education meetings, when such mileage and other expenses 132
are authorized by the board prior to the date on which they occur. 133
Detailed vouchers shall be submitted for reimbursement for all 134
expenses authorized by this section. Such reimbursement shall be 135
in accordance with Section 25-3-41. 136
Such expenses shall be paid on order of the school board by 137
pay certificates issued by the superintendent of the school 138
district involved against the funds available for payment of the 139
administrative expense of the district. 140
(2) (a) If a member of a school board misses twenty percent 141
(20%) or more of the meetings of the school board during a 142
calendar year, except for absences caused by required military 143
duty, the member must reimburse the school district that portion 144
of the total salary paid to the member that year which is 145
proportionate to the number of meetings missed by the member in 146
relation to the total number of school board meetings held during 147
that year. For purposes of this subsection, consideration may be 148
given only to meetings of which public notice is required. 149
Failure of a member to regularly attend meetings of the school 150
board so as to constitute chronic absenteeism, as indicated by 151
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ST: School board members; authorize grounds and
prescribe procedures for removal from office.
missing twenty percent (20%) or more of the meetings, shall 152
subject such member to recommendation for removal from the board 153
for neglect to perform official duties as prescribed in Section 1 154
of this act. 155
(b) Before February 1 of each year, the president of 156
each local school board shall submit a report to the State Board 157
of Education containing the names of any members of the school 158
board who missed twenty percent (20%) or more of the school board 159
meetings during the preceding calendar year. 160
SECTION 3. This act shall take effect and be in force from 161
and after July 1, 2026. 162