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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Williams
SENATE BILL NO. 2238
AN ACT TO AMEND SECTION 37-7-104.3, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE STARKVILLE-OKTIBBEHA CONSOLIDATED SCHOOL DISTRICT 2
AND MISSISSIPPI STATE UNIVERSITY TO ENTER INTO CERTAIN AGREEMENTS 3
CONCERNING JOINTLY UTILIZED PRIMARY AND SECONDARY EDUCATION 4
FACILITIES; TO FURTHER AUTHORIZE THE SCHOOL DISTRICT AND 5
UNIVERSITY TO TRANSFER AND EXPEND SUCH FUNDS ON MUTUALLY AGREEABLE 6
TERMS AND CONDITIONS; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 37-7-104.3, Mississippi Code of 1972, is 9
amended as follows: 10
37-7-104.3. (1) In Oktibbeha County, Mississippi, in which 11
are located, as of January 1, 2013, two (2) school districts, 12
there shall be an administrative consolidation of all of those 13
school districts in the county into one (1) new countywide 14
municipal separate school district to be designated as 15
Starkville-Oktibbeha Consolidated School District which shall 16
consist of the territory of the former Oktibbeha County School 17
District and the Starkville School District, effective on July 1, 18
2015. Until June 30, 2015, preceding the effective date of the 19
required administrative consolidation of school districts in the 20
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county, the Oktibbeha County School District shall remain in 21
conservatorship, under the authority and control of the 22
Mississippi Recovery School District of the State Department of 23
Education. At such time that the administrative consolidation 24
becomes effective, the central administrative office of the 25
Starkville-Oktibbeha Consolidated School District shall be located 26
in Starkville, Mississippi. 27
(2) (a) On or before July 1, 2014, the State Board of 28
Education shall serve the local school board of the Starkville 29
School District with notice and instructions regarding the 30
timetable for action to be taken to comply with the administrative 31
consolidation required in this section. 32
(b) In the new consolidated school district there shall 33
be a countywide municipal separate school district board of 34
trustees, which shall consist of the existing members of the Board 35
of Trustees of the Starkville School District. However, upon the 36
first occurrence of a vacancy on the board as a result of an 37
expired term of an appointed board member, that vacancy shall 38
become an elected position and shall be filled by the election of 39
a board member as follows: the 2016 expiring term board member 40
shall remain in office until January 1, 2017. In November 2016, 41
an election will be held for a board member who resides outside of 42
the incorporated municipal limits in the manner prescribed in 43
Section 37-7-203, and the elected board member will take office 44
for a five-year term beginning January 1, 2017. Subsequent board 45
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members shall be selected in the manner prescribed in Section 46
37-7-203. The Board of Supervisors of Oktibbeha County shall 47
publish notice of the school board elections in some newspaper of 48
general circulation in the county for at least three (3) 49
consecutive weeks. 50
(c) Any school district affected by the required 51
administrative consolidation in the county that does not 52
voluntarily consolidate as ordered by the State Board of Education 53
shall be administratively consolidated by the State Board of 54
Education, to be effective immediately upon action of the State 55
Board of Education. The State Board of Education shall promptly 56
move on its own motion to administratively consolidate a school 57
district which does not voluntarily consolidate in order to enable 58
the affected school districts to reasonably accomplish the 59
resulting administrative consolidation into one (1) consolidated 60
school district by July 1 following the motion to consolidate. 61
The affected school districts shall comply with any consolidation 62
order issued by the State Board of Education. 63
(3) On July 1, 2015, following the motion of the State Board 64
of Education to consolidate school districts in Oktibbeha County, 65
the Oktibbeha County School District shall be abolished. All real 66
and personal property which is owned or titled in the name of the 67
school district located in such former school district shall be 68
transferred to the Starkville-Oktibbeha Consolidated School 69
District as of July 1, 2015. The Conservator of the Oktibbeha 70
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County School District is authorized and directed to execute and 71
record all documents and conveyances necessary to convey title to 72
all real and personal property of the Oktibbeha County School 73
District to the Starkville-Oktibbeha Consolidated School District. 74
The conservator is further authorized and directed to sign all 75
documents and to take all actions necessary to assign contracts 76
and other property, contract rights and obligations of the 77
Oktibbeha County School District to the Starkville-Oktibbeha 78
Consolidated School District. The Board of Trustees of the 79
Starkville School District shall be responsible for establishing 80
the contracts for operations, teachers, principals, clerical and 81
administrative staff personnel for the 2015-2016 school year prior 82
to July 1, 2015, and shall consult with the conservator for the 83
establishment of contracts for teachers, principals, clerical and 84
administrative staff personnel located in the former Oktibbeha 85
County School District for the 2015-2016 school year. In order to 86
prepare for the efficient staffing of the Starkville-Oktibbeha 87
Consolidated School District, the Conservator of the Oktibbeha 88
County School District and the Superintendent of the Starkville 89
School District shall have full authority to nonrenew the 90
employment contract of any teacher, principal, clerical or 91
administrative staff located within their respective school 92
districts for the 2015-2016 school year. The superintendent and 93
assistant superintendent(s) of schools of the former Starkville 94
School District shall continue to serve in like administrative 95
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capacities of the Starkville-Oktibbeha Consolidated School 96
District, but in no instance shall the administrative leadership 97
of the Starkville-Oktibbeha Consolidated School District exceed 98
three (3) assistant superintendents to be appointed by the 99
superintendent of the former Starkville School District. No 100
superintendent serving in the former Oktibbeha County School 101
District shall be eligible for appointment as a superintendent or 102
assistant superintendent in the Starkville-Oktibbeha Consolidated 103
School District. Likewise, no trustee serving in the former 104
Oktibbeha County School District shall be eligible for election to 105
the new Board of Trustees of the Starkville-Oktibbeha Consolidated 106
School District. It shall be the responsibility of the board of 107
trustees to prepare and approve the budget of the respective new 108
reorganized district, and the board of trustees may use staff from 109
the former school district to prepare the budget. Any transfer of 110
the assets, real or personal property of the Oktibbeha County 111
School District mandated by this section shall be final and 112
conclusive for the purposes of the transfer of property required 113
by this section to effectuate the administrative consolidation. 114
(4) Nothing in this section shall be construed to require 115
the closing of any school or school facility, unless the facility 116
is an unneeded administrative office located within a school 117
district which has been abolished under the provisions of this 118
section. All administrative consolidations under this section 119
shall be accomplished so as not to delay or in any manner 120
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negatively affect the desegregation of another school district in 121
the county pursuant to court order. 122
(5) The State Board of Education shall promulgate rules and 123
regulations to facilitate the administrative consolidation of the 124
school districts in Oktibbeha County pursuant to the requirements 125
of this section. Beginning with the insurance cafeteria plan year 126
of November 1, 2014, the consolidated districts shall fall under 127
all insurance plans and policies elected by the Starkville Public 128
School District, including the group term life insurance described 129
in Section 25-15-9(7). 130
(6) For the initial three (3) years following the 131
administrative consolidation required by this section, the State 132
Department of Education shall grant a waiver of accountability and 133
state assessment requirements to the Starkville-Oktibbeha 134
Consolidated School District, subject to the approval of the State 135
Board of Education. 136
(7) As soon as practicable after March 31, 2015, the 137
Conservator of the Oktibbeha County School District shall initiate 138
the issuance of notes or certificates of indebtedness of the 139
Oktibbeha County School District for the purpose of purchasing 140
school buses, textbooks, computers and software and other 141
equipment and fixtures for school facilities, and for any purposes 142
enumerated in Section 37-59-3, Mississippi Code of 1972, and 143
making repairs, alterations, utility upgrades and additions to two 144
(2) elementary school buildings located in the Oktibbeha County 145
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School District in order to meet the same physical and educational 146
standards as the elementary school buildings in Starkville, and to 147
contribute funds to the Starkville School District for capital 148
improvements to accommodate county school district students and 149
increase capacity for the consolidation. The contribution of such 150
funds to the Starkville School District is hereby authorized. 151
Said notes or certificates of indebtedness shall be issued under 152
the authority of Sections 37-59-101 through 37-59-115, Mississippi 153
Code of 1972, including all notice requirements, however, the 154
resolution as to the necessity for the issuance of the notes and 155
the execution of the documents shall be made by the Conservator of 156
the Oktibbeha County School District. The term of any notes or 157
certificates of indebtedness issued under this section may not 158
exceed the useful life of the financed project as determined 159
according to the upper limit of useful life and depreciation 160
guidelines established under the United States Internal Revenue 161
Code and regulations. The levying authority for the Oktibbeha 162
County School District, and after July 1, 2015, the levying 163
authority for the Starkville-Oktibbeha Consolidated School 164
District, shall annually levy a special tax on all taxable 165
property of the former Oktibbeha County School District, and after 166
July 1, 2015, on all taxable property of the Starkville-Oktibbeha 167
Consolidated School District, in an amount sufficient to pay the 168
principal of and interest on such negotiable notes or certificates 169
of indebtedness as the same shall respectively mature and accrue. 170
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Said tax shall be levied as provided in Section 37-59-107, 171
Mississippi Code of 1972, except that the levy shall not exceed 172
three (3) mills on the dollar for the payment of all notes that 173
are subject to the levy under Section 37-59-107. Any notes or 174
certificates of indebtedness issued pursuant to this subsection 175
(7) shall become indebtedness of the new Starkville-Oktibbeha 176
Consolidated School District from and after July 1, 2015, and the 177
mandatory special ad valorem tax levied to pay the notes or 178
certificates of indebtedness by the levying authority pursuant to 179
Section 37-59-107, Mississippi Code of 1972, shall be levied upon 180
all of the taxable property within the Starkville-Oktibbeha 181
Consolidated School District. 182
(8) For a period beginning July 1, 2014, and ending June 30, 183
2015, the Conservator of the Oktibbeha County School District 184
shall issue negotiable bonds of the Oktibbeha County School 185
District for the purpose of purchasing school buses, textbooks, 186
computers and software and other equipment and fixtures for school 187
facilities, and making repairs, alterations and additions and 188
utility upgrades, and for any purposes allowed by Section 37-59-3, 189
Mississippi Code of 1972, to school facilities in the Oktibbeha 190
County School District and in the Starkville School District to 191
accommodate students in the former Oktibbeha County School 192
District who will be attending school in the new 193
Starkville-Oktibbeha Consolidated School District and the 194
increased capacity needs under the consolidation. Said bonds 195
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shall be issued under the authority of Sections 37-59-1 through 196
37-59-45, however, any resolutions as to the necessity for the 197
issuance of any bonds and execution of the documents may be made 198
periodically by the Conservator of the Oktibbeha County School 199
District. Provided further, that the conservator shall publish 200
each resolution of necessity and intent to issue any bonds once 201
each week for at least three (3) consecutive weeks in a newspaper 202
having general circulation in the Oktibbeha County School 203
District, with the first publication thereof to be made not less 204
than fifteen (15) days prior to the date upon which the 205
conservator is to take final action upon the question of 206
authorizing the issuance of said bonds. If no petition requesting 207
an election is filed prior to the date and time of the meeting at 208
which the conservator is to take final action on the issuance of 209
said bonds, then the conservator shall authorize the issuance of 210
the bonds. If at any time prior to the date and time of the 211
meeting at which the conservator is to take final action upon the 212
question of issuing such bonds a petition signed by not less than 213
twenty percent (20%) of the qualified electors of the Oktibbeha 214
County School District shall be filed with the Conservator of the 215
Oktibbeha County School District requesting that an election be 216
called on the question of issuing the bonds, then the conservator 217
shall either rescind the applicable resolution of intent or adopt 218
a resolution calling an election to be held within the territory 219
of the Oktibbeha County School District upon such question. The 220
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election shall be called and held, and notice thereof shall be 221
given, in the same manner for elections upon the question of bond 222
issues under Sections 37-59-11, 37-59-13, 37-59-15 and 37-59-17, 223
and the results thereof shall be certified by the Oktibbeha County 224
Election Commission to the Conservator of the Oktibbeha County 225
School District. If three-fifths (3/5) of the qualified electors 226
of the Oktibbeha County School District who voted in such election 227
vote in favor of the issuance of such bonds, then the conservator 228
shall authorize the Oktibbeha County School District to issue such 229
bonds. Notwithstanding any provision to the contrary, the 230
Oktibbeha County School District may issue bonds pursuant to this 231
subsection (8) in an amount which, when added to all of the 232
Oktibbeha County School District's then outstanding bonded 233
indebtedness, shall not result in the imposition on any of the 234
property in said district of an indebtedness for school purposes 235
of more than twenty percent (20%) of the assessed value of the 236
taxable property within said district, according to the then last 237
completed assessment for taxation. Any bonds issued pursuant to 238
this subsection (8) shall become indebtedness of the new 239
Starkville-Oktibbeha Consolidated School District from and after 240
July 1, 2015, and the mandatory special ad valorem tax to be 241
levied by the levying authority pursuant to Section 37-59-23, 242
Mississippi Code of 1972, to pay the bonds shall be levied upon 243
all taxable property within the Starkville-Oktibbeha Consolidated 244
School District. 245
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(9) For a period beginning July 1, 2015, and ending July 1, 246
2027, the new Starkville-Oktibbeha Consolidated School District 247
Board of Trustees may periodically issue negotiable bonds in one 248
or more series of the Starkville-Oktibbeha Consolidated School 249
District for the purpose of purchasing school buses, textbooks, 250
computers and software and other equipment and fixtures for school 251
facilities and for any purposes enumerated in Section 37-59-3, 252
Mississippi Code of 1972. The term of any such bonds may not 253
exceed the useful life of the financed project as determined 254
according to the upper limit of useful life and depreciation 255
guidelines established under the United States Internal Revenue 256
Code and regulations. Said bonds shall be issued under the 257
authority of Sections 37-59-1 through 37-59-45, including all 258
notice and publication requirements, however, the necessity for 259
the issuance of the bonds shall be made pursuant to a reverse 260
referendum procedure to be followed by the Starkville-Oktibbeha 261
Consolidated School District Board of Trustees as follows: the 262
board of trustees shall publish each resolution of necessity and 263
intent to issue bonds once each week for at least three (3) 264
consecutive weeks in a newspaper having general circulation in the 265
Starkville-Oktibbeha Consolidated School District, with the first 266
publication thereof to be made not less than fifteen (15) days 267
prior to the date on which the board of trustees is to take final 268
action authorizing the issuance of the bonds. If no petition 269
requesting an election is filed prior to the date and time of the 270
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meeting at which the board of trustees is to take final action on 271
the issuance of the bonds, the board of trustees shall authorize 272
the issuance of the bonds. If at any time prior to the date and 273
time of the meeting at which the board of trustees is to take 274
final action authorizing the issuance of the bonds a petition 275
signed by not less than twenty percent (20%) of the qualified 276
electors of the Starkville-Oktibbeha Consolidated School District 277
shall be filed with the Board of Trustees of the 278
Starkville-Oktibbeha Consolidated School District requesting that 279
an election be called on the question of issuing the bonds, then 280
the board of trustees shall, not later than its next regular 281
meeting, adopt a resolution calling an election to be held within 282
the Starkville-Oktibbeha Consolidated School District upon such 283
question. The election shall be called and held, and notice 284
thereof shall be given, in the same manner for elections upon the 285
question of bond issues under Sections 37-59-11, 37-59-13, 286
37-59-15 and 37-59-17, and the results thereof shall be certified 287
to the Starkville-Oktibbeha Consolidated School District Board of 288
Trustees, as the case may be. If three-fifths (3/5) of the 289
qualified electors of the Starkville-Oktibbeha Consolidated School 290
District who voted in such election vote in favor of the issuance 291
of such bonds, then the board of trustees shall issue such bonds. 292
Notwithstanding any provision to the contrary, the 293
Starkville-Oktibbeha Consolidated School District may issue bonds 294
pursuant to this subsection (9) in an amount which, when added to 295
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all of the Starkville-Oktibbeha Consolidated School District's 296
then outstanding bonded indebtedness, shall not result in the 297
imposition on any of the property in said district of an 298
indebtedness for school purposes of more than twenty percent (20%) 299
of the assessed value of the taxable property within said 300
district, according to the then last completed assessment for 301
taxation. Any bonds issued pursuant to this subsection (9) shall 302
be indebtedness of the new Starkville-Oktibbeha Consolidated 303
School District. The mandatory special ad valorem tax to be 304
levied by the levying authority pursuant to Section 37-59-23, 305
Mississippi Code of 1972, shall be levied on all taxable property 306
of the Starkville-Oktibbeha Consolidated School District. 307
(10) Notwithstanding any law or any provision of any law to 308
the contrary, from and after July 1, 2015, all outstanding debt of 309
the former Oktibbeha County School District and the former 310
Starkville School District shall be assumed by and become the debt 311
of the new Starkville-Oktibbeha Consolidated School District. Any 312
debt assumed by the Starkville-Oktibbeha Consolidated School 313
District secured by a special ad valorem tax shall become secured 314
by and payable from a mandatory, special ad valorem tax which 315
shall be levied on all taxable property in the 316
Starkville-Oktibbeha Consolidated School District by the levying 317
authority of the Starkville-Oktibbeha Consolidated School 318
District. All debt secured by a pledge by either district of its 319
education enhancement funds pursuant to Section 37-61-33, 320
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Mississippi Code of 1972, or by a pledge of its Mississippi 321
Adequate Education Program funds will continue to be secured by 322
and payable from the same funds after the debt is assumed by the 323
Starkville-Oktibbeha Consolidated School District as of July 1, 324
2015. It is the intent of the Legislature that any such pledges 325
will remain in effect and that the pledged funds will be available 326
to the Starkville-Oktibbeha Consolidated School District to pay 327
its debt to which the funds are pledged. 328
(11) It shall be the responsibility of the Board of 329
Supervisors of Oktibbeha County to provide office, furnishing and 330
utilities for the administrative Office of the Superintendent of 331
the Starkville-Oktibbeha Consolidated School District. 332
(12) The new Starkville-Oktibbeha Consolidated School 333
District is authorized and encouraged to develop a partnership 334
with Mississippi State University to create a model rural 335
education school to serve all sixth- and seventh-grade students 336
from Oktibbeha County and a model prekindergarten program which 337
shall also serve as a model for the education of teachers and 338
administrators. The Starkville-Oktibbeha Consolidated School 339
District and Mississippi State University are authorized and 340
empowered, in each's discretion, to enter into an agreement for 341
the purpose of designing, constructing, maintaining and operating 342
a model rural education school to serve all sixth- and 343
seventh-grade students from Oktibbeha County. The 344
Starkville-Oktibbeha Consolidated School District and Mississippi 345
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ST: Mississippi State University; allow to
partner with local school district for certain
purposes.
State University are further authorized and empowered, in each's 346
discretion, to transfer funds to the other and expend such funds 347
on mutually agreeable terms and conditions for the construction, 348
maintenance and operation of such school. 349
(13) The Starkville-Oktibbeha Consolidated School District 350
and Mississippi State University are authorized and empowered, in 351
each's discretion, to enter into agreements for purposes of 352
collaborating and partnering in the construction, maintenance or 353
operation of jointly-utilized primary and secondary education 354
facilities on the campus of Mississippi State University or within 355
said school district. The Starkville-Oktibbeha Consolidated 356
School District and Mississippi State University are further 357
authorized and empowered, in each's discretion, to transfer funds 358
to the other and expend such funds on mutually agreeable terms and 359
conditions for such purposes. 360
( * * *14) The Board of Supervisors of Oktibbeha County 361
shall be the "levying authority" for the Starkville-Oktibbeha 362
Consolidated School District. 363
SECTION 2. This act shall take effect and be in force from 364
and after July 1, 2026. 365