Education Leadership Accountability Act; create a removal process for school board members who undermine student safety.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) McLendon

SENATE BILL NO. 2247

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