MSMS; provide for hiring procedures and tenth-grade enrollment options.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Younger

SENATE BILL NO. 2517

AN ACT TO CREATE NEW SECTION 37-139-15, MISSISSIPPI CODE OF 1
1972, RELATING TO THE OPERATION OF THE MISSISSIPPI SCHOOL FOR 2
MATHEMATICS AND SCIENCE (MSMS); TO PROVIDE THAT ADMINISTRATIVE AND 3
INSTRUCTIONAL EMPLOYEES AT THE MISSISSIPPI SCHOOL FOR MATHEMATICS 4
AND SCIENCE SHALL BE CONTRACT EMPLOYEES AND TO PROVIDE FOR THE 5
EXECUTION OF SAID CONTRACTS; TO PROVIDE THAT THE NONINSTRUCTIONAL 6
EMPLOYEES AT SAID SCHOOL SHALL SERVE AT THE WILL AND PLEASURE OF 7
THE EXECUTIVE DIRECTOR OF THE MSMS; TO PROVIDE THAT THE PURCHASES 8
OF EQUIPMENT AND COMMODITIES MADE BY THE MSMS ARE EXEMPT FROM THE 9
REGULATIONS OF THE PUBLIC PROCUREMENT LAW; TO CREATE NEW SECTION 10
37-139-17, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF CREATING 11
AN ADVISORY COUNCIL AND PROVIDING FOR THE APPOINTMENT OF ITS 12
MEMBERS AND ITS FUNCTION TO ASSIST THE STATE BOARD OF EDUCATION IN 13
DEVELOPING PLANS RELATING TO THE MSMS; TO AMEND SECTION 37-139-3, 14
MISSISSIPPI CODE OF 1972, TO EXPAND ENROLLMENT OPTIONS TO STUDENTS 15
IN THE TENTH GRADE UPON THE AVAILABILITY OF SPACE TO DO SO; TO 16
AMEND SECTIONS 37-139-5, 37-139-9, 25-9-107, 31-7-1, 37-7-307, 17
37-9-17, 37-9-59 AND 37-9-103, MISSISSIPPI CODE OF 1972, IN 18
CONFORMITY THERETO; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. The following shall be codified as Section 21
37-139-15, Mississippi Code of 1972: 22
37-139-15. Effective July 1, 2026, all administrative, 23
instructional and noninstructional employees of the Mississippi 24
School for Mathematics and Science (MSMS) shall be transferred 25
from state service and the express authority of the State 26
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Personnel Board under Section 25-9-107(c) to employment status as 27
employees of the Mississippi School for Mathematics and Science. 28
All administrative and instructional employees at the school shall 29
enter into written contracts of employment to indicate and cover 30
the period for which they are respectively employed. All 31
contracts for administrative and instructional employees shall be 32
exempt from the requirements of the Public Procurement Review 33
Board for state agency employment contracts. The State Board of 34
Education may set and determine qualifications necessary for such 35
employees and may appoint a subcommittee of the board for the 36
purpose of authorizing the execution of such employment contracts 37
on a timely basis. Such administrators and employees shall be 38
offered contracts by the Executive Director of the MSMS and shall 39
have the employment rights prescribed for administrative and 40
certificated school district employees under Sections 37–9–17, 41
37–9–59, 37–9–103 and 37–7–307. The MSMS may renew employment or 42
nonrenew employment with such administrative and instructional 43
employees in accordance with the provisions of said sections 44
relating to school district employment. Noninstructional 45
employees of the MSMS shall be full-time employees of the MSMS and 46
shall serve at the will and pleasure of the Executive Director of 47
the MSMS. All salaries and contracts shall be subject to the 48
approval of the State Board of Education, and the MSMS may 49
continue to use the teacher salary scale for its instructional 50
employees which is in effect on January 1, 2026. Any unused leave 51
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accumulated at the Mississippi School for Mathematics and Science 52
shall be transferred in accordance with the provisions of Section 53
37–7–307. There shall be no interruption of service with the 54
Public Employees' Retirement System and the State and School 55
Employees' Health Insurance Plan for administrative, instructional 56
and noninstructional employees due to an employee's employment 57
status under this subsection. The MSMS shall not be considered a 58
local educational agency for the same purposes and to the same 59
extent that all other school districts in the state are deemed 60
local educational agencies under applicable federal law. The MSMS 61
may receive donations or grants from any public or private source, 62
including any federal funding that may be available to the schools 63
within the MSMS, and shall have LEA status for grants and funding 64
opportunities that require LEA designation. 65
SECTION 2. The following shall be codified as Section 66
37-139-17, Mississippi Code of 1972: 67
37-139-17. (1) The State Board of Education at the 68
recommendation of the State Superintendent of Public Education and 69
the Executive Director of the Mississippi School for Mathematics 70
and Science (MSMS) shall appoint an advisory council to assist the 71
board in developing plans relating to the school. The MSMS 72
advisory council will serve in an advisory capacity only, with no 73
independent policymaking authority. The advisory council shall 74
consist of the following eleven (11) appointed or designated 75
members: 76
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(a) Three (3) licensed teachers, counselors or 77
administrators, one (1) to be appointed from each of the three (3) 78
Mississippi Supreme Court Districts; 79
(b) Three (3) citizens or professionals representing 80
the areas of science, technology, engineering, arts or 81
mathematics, to be appointed from one (1) of the three (3) 82
Mississippi Supreme Court Districts; 83
(c) Two (2) citizens knowledgeable in business, 84
personnel management or public administration, with at least three 85
(3) years' actual experience therein, one (1) to be appointed from 86
the three (3) Mississippi Supreme Court Districts; 87
(d) One (1) parent of a MSMS junior; 88
(e) One (1) member shall be a representative of the 89
Mississippi Association for Gifted Students, to be designated by 90
the association; and 91
(f) One (1) member shall be a representative of the 92
state institutions of higher learning in Mississippi which offer 93
degrees in STEM, to be designated by the Board of Trustees of 94
State Institutions of Higher Learning. 95
(2) (a) Appointments to the advisory council shall be made 96
within ninety (90) days of July 1, 2026. Each member shall serve 97
a term of two (2) years. To establish staggered expiration dates 98
for membership after the initial year of reconstituting the 99
council, some members may be appointed to staggered or 100
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extended terms. Members may be reappointed for one (1) additional 101
consecutive term. 102
(b) Appointments shall be made at the State Board of 103
Education's regularly scheduled June meeting, with service to 104
begin at the August meeting of the MSMS Advisory Council. The 105
advisory council shall meet twice a year in January and August. 106
One (1) meeting shall be in person and one (1) shall be conducted 107
virtually. Terms will be set so that a portion of the 108
appointments will expire each year. 109
(3) In the event of a vacancy in any position subject to 110
appointment under this section, the vacancy shall be filled by 111
appointment of the State Board of Education, based upon 112
recommendations submitted by the State Superintendent of Public 113
Education and the Executive Director of MSMS. 114
(4) The advisory council shall organize for business by 115
selecting a chairman and a vice chairman, the latter of whom shall 116
serve as secretary for keeping records of the council. Officer 117
positions will be for a one (1) year term. Six (6) members shall 118
constitute a quorum for the purpose of conducting business. 119
Members of the advisory council shall receive no compensation but 120
may be reimbursed for necessary expenses and mileage for attending 121
meetings and necessary business of the panel, in the amount 122
authorized for state employees under Section 25-3-41. 123
SECTION 3. Section 37-139-3, Mississippi Code of 1972, is 124
amended as follows: 125
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37-139-3. (1) There is hereby created the Mississippi 126
School for Mathematics and Science which shall be a residential 127
school for eleventh and twelfth grade high school students, and as 128
space allows, tenth grade high school students, located on the 129
campus of the Mississippi University for Women. 130
(2) The school shall be governed by the State Board of 131
Education. 132
(3) The board shall develop a plan relating to the opening, 133
the operation and the funding of the school. Such plan shall be 134
presented to the Legislature during the 1988 Regular Session and 135
shall include an equitable and reasonable plan for student 136
recruitment without regard to race, creed or color. 137
(4) The purpose of the school shall be to educate the gifted 138
and talented students of the state, and its curriculum and 139
admissions policies shall reflect such purpose. 140
(5) The board shall prepare the annual budget for the 141
school. 142
SECTION 4. Section 37-139-5, Mississippi Code of 1972, is 143
amended as follows: 144
37-139-5. The board may hire a director when it so deems one 145
necessary and when sufficient funds have been appropriated. The 146
director shall serve at the board's will and pleasure. * * * The 147
director shall be the chief administrative officer of the school 148
and shall administer the school in accordance with policies 149
established by the board. The director shall be responsible for 150
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such administrative duties and functions as the board shall so 151
prescribe. The board shall be authorized, in its discretion, to 152
delegate to the director such of its powers and duties as it deems 153
appropriate. 154
SECTION 5. Section 37-139-9, Mississippi Code of 1972, is 155
amended as follows: 156
37-139-9. The board shall be the exclusive governing body of 157
the Mississippi School for Mathematics and Science and * * * shall 158
promulgate rules and regulations required * * * for the 159
administration and operation of the school, consistent with the 160
provisions of this chapter. The emphasis of this school shall be 161
dedicated to the academic teaching of mathematics and the 162
sciences, but shall not preclude some emphasis being placed on the 163
arts and humanities as deemed appropriate by the board. 164
SECTION 6. Section 25-9-107, Mississippi Code of 1972, is 165
amended as follows: 166
25-9-107. The following terms, when used in this chapter, 167
unless a different meaning is plainly required by the context, 168
shall have the following meanings: 169
(a) "Board" means the State Personnel Board created 170
under the provisions of this chapter. 171
(b) "State service" means all employees of state 172
departments, agencies and institutions as defined herein, except 173
those officers and employees excluded by this chapter. 174
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(c) "Nonstate service" means the following officers and 175
employees excluded from the state service by this chapter. The 176
following are excluded from the state service: 177
(i) Members of the State Legislature, their staff 178
and other employees of the legislative branch; 179
(ii) The Governor and staff members of the 180
immediate Office of the Governor; 181
(iii) Justices and judges of the judicial branch 182
or members of appeals boards on a per diem basis; 183
(iv) The Lieutenant Governor, staff members of the 184
immediate Office of the Lieutenant Governor and officers and 185
employees directly appointed by the Lieutenant Governor; 186
(v) Officers and officials elected by popular vote 187
and persons appointed to fill vacancies in elective offices; 188
(vi) Members of boards and commissioners appointed 189
by the Governor, Lieutenant Governor or the State Legislature; 190
(vii) All academic officials, members of the 191
teaching staffs and employees of the state institutions of higher 192
learning, the Mississippi Community College Board, and community 193
and junior colleges; 194
(viii) Officers and enlisted members of the 195
National Guard of the state; 196
(ix) Prisoners, inmates, student or patient help 197
working in or about institutions; 198
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(x) Contract personnel; provided that any agency 199
which employs state service employees may enter into contracts for 200
personal and professional services only if such contracts are 201
approved in compliance with the rules and regulations promulgated 202
by the Public Procurement Review Board under Section 27-104-7. 203
Before paying any warrant for such contractual services in excess 204
of Seventy-five Thousand Dollars ($75,000.00), the Auditor of 205
Public Accounts, or the successor to those duties, shall determine 206
whether the contract involved was for personal or professional 207
services, and, if so, was approved by the Public Procurement 208
Review Board as required by law; 209
(xi) Part-time employees; however, part-time 210
employees shall only be hired into authorized employment positions 211
classified by the board, shall meet minimum qualifications as set 212
by the board, and shall be paid in accordance with the Variable 213
Compensation Plan as certified by the board; 214
(xii) Persons appointed on an emergency basis for 215
the duration of the emergency; the effective date of the emergency 216
appointments shall not be earlier than the date approved by the 217
State Personnel Director, and shall be limited to thirty (30) 218
working days. Emergency appointments may be extended to sixty 219
(60) working days by the State Personnel Board; 220
(xiii) Physicians, dentists, veterinarians, nurse 221
practitioners and attorneys, while serving in their professional 222
capacities in authorized employment positions who are required by 223
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statute to be licensed, registered or otherwise certified as such, 224
provided that the State Personnel Director shall verify that the 225
statutory qualifications are met prior to issuance of a payroll 226
warrant by the Auditor; 227
(xiv) Personnel who are employed and paid from 228
funds received from a federal grant program which has been 229
approved by the Legislature or the Department of Finance and 230
Administration whose length of employment has been determined to 231
be time-limited in nature. This subparagraph shall apply to 232
personnel employed under the provisions of the Comprehensive 233
Employment and Training Act of 1973, as amended, and other special 234
federal grant programs which are not a part of regular federally 235
funded programs wherein appropriations and employment positions 236
are appropriated by the Legislature. Such employees shall be paid 237
in accordance with the Variable Compensation Plan and shall meet 238
all qualifications required by federal statutes or by the 239
Mississippi Classification Plan; 240
(xv) The administrative head who is in charge of 241
any state department, agency, institution, board or commission, 242
wherein the statute specifically authorizes the Governor, board, 243
commission or other authority to appoint said administrative head; 244
however, the salary of such administrative head shall be 245
determined by the State Personnel Board in accordance with the 246
Variable Compensation Plan unless otherwise fixed by statute; 247
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(xvi) The State Personnel Board shall exclude 248
top-level positions if the incumbents determine and publicly 249
advocate substantive program policy and report directly to the 250
agency head, or the incumbents are required to maintain a direct 251
confidential working relationship with a key excluded official. 252
Further, a written job classification shall be approved by the 253
board for each such position, and positions so excluded shall be 254
paid in conformity with the Variable Compensation Plan; 255
(xvii) Employees whose employment is solely in 256
connection with an agency's contract to produce, store or 257
transport goods, and whose compensation is derived therefrom; 258
(xviii) Repealed; 259
(xix) The associate director, deputy directors and 260
bureau directors within the Department of Agriculture and 261
Commerce; 262
(xx) Personnel employed by the Mississippi 263
Industries for the Blind; provided that any agency may enter into 264
contracts for the personal services of MIB employees without the 265
prior approval of the State Personnel Board or the State Personal 266
Service Contract Review Board; however, any agency contracting for 267
the personal services of an MIB employee shall provide the MIB 268
employee with not less than the entry-level compensation and 269
benefits that the agency would provide to a full-time employee of 270
the agency who performs the same services; 271
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(xxi) Personnel employed by the Mississippi 272
Department of Wildlife, Fisheries and Parks and the Mississippi 273
Department of Marine Resources as law enforcement trainees 274
(cadets); such personnel shall be paid in accordance with the 275
Colonel Guy Groff State Variable Compensation Plan; 276
(xxii) Administrators and instructional employees 277
under contract or employed by the Mississippi School of the Arts 278
(MSA) established in Section 37-140-1 et seq.; 279
(xxiii) The President of the Mississippi Lottery 280
Corporation and personnel employed by the Mississippi Lottery 281
Corporation; 282
(xxiv) Employees, excluding administrative 283
employees, of the State Veterans Affairs Board who are employed at 284
a veterans home established by the State Veterans Affairs Board 285
under Section 35-1-19; 286
(xxv) Personnel employed by the Mississippi 287
Department of Health whose employment is solely in connection with 288
the department's responsibilities in implementing, administering 289
and enforcing provisions of the Mississippi Medical Cannabis Act. 290
This subparagraph shall stand repealed on June 30, 2026; * * * 291
(xxvi) Personnel employed by the Mississippi 292
Department of Revenue whose employment is solely in connection 293
with the department's responsibilities in implementing, 294
administering and enforcing provisions of the Mississippi Medical 295
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Cannabis Act. This subparagraph shall stand repealed on June 30, 296
2026 * * *; and 297
(xxvii) Administrators and instructional employees 298
under contract or employed by the Mississippi School for 299
Mathematics and Science established in Section 37-139-1 et seq. 300
(d) "Agency" means any state board, commission, 301
committee, council, department or unit thereof created by the 302
Constitution or statutes if such board, commission, committee, 303
council, department, unit or the head thereof, is authorized to 304
appoint subordinate staff by the Constitution or statute, except a 305
legislative or judicial board, commission, committee, council, 306
department or unit thereof. 307
SECTION 7. Section 31-7-1, Mississippi Code of 1972, is 308
amended as follows: 309
31-7-1. The following terms are defined for the purposes of 310
this chapter to have the following meanings: 311
(a) "Agency" means any state board, commission, 312
committee, council, university, department or unit thereof created 313
by the Constitution or statutes if such board, commission, 314
committee, council, university, department, unit or the head 315
thereof is authorized to appoint subordinate staff by the 316
Constitution or statute, except a legislative or judicial board, 317
commission, committee, council, department or unit thereof; except 318
a charter school authorized by the Mississippi Charter School 319
Authorizer Board; * * * except the Mississippi State Port 320
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Authority; except the Mississippi School of the Arts (MSA) 321
established in Section 37-140-1 et seq., for the sole purpose of 322
the application of the term "agency" as it pertains to the Public 323
Procurement Review Board's powers and responsibilities as defined 324
in Section 27-104-7(2)(a), but without application to the use of 325
the term within this chapter, effective July 1, 2020; * * * except 326
the Mississippi School for the Blind and the Mississippi School 327
for the Deaf (MSBD) for the sole purpose of the application of the 328
term "agency" as it pertains to the Public Procurement Review 329
Board's powers and responsibilities as defined in Section 330
27-104-7(2)(a), but without application to the use of the term 331
within this chapter, effective July 1, 2021; and except the 332
Mississippi School for Mathematics and Science established in 333
Section 37-139-1 et seq., for the sole purpose of the application 334
of the term "agency" as it pertains to the Public Procurement 335
Review Board's powers and responsibilities as defined in Section 336
27-104-7(2)(a), but without application to the use of the term 337
within this chapter, effective July 1, 2026. An academic medical 338
center or health sciences school as defined in Section 37-115-50 339
is not an "agency" for those purchases of commodities as defined 340
in this section that are used for clinical purposes and (i) 341
intended for use in the diagnosis of disease or other conditions 342
or in the cure, mitigation, treatment or prevention of disease, 343
and (ii) medical devices, biological, drugs and radiation emitting 344
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devices as defined by the United States Food and Drug 345
Administration. 346
(b) "Governing authority" means boards of supervisors, 347
governing boards of all school districts, all boards of directors 348
of public water supply districts, boards of directors of master 349
public water supply districts, municipal public utility 350
commissions, governing authorities of all municipalities, port 351
authorities, Mississippi State Port Authority, commissioners and 352
boards of trustees of any public hospitals, boards of trustees of 353
public library systems, district attorneys, school attendance 354
officers and any political subdivision of the state supported 355
wholly or in part by public funds of the state or political 356
subdivisions thereof, including commissions, boards and agencies 357
created or operated under the authority of any county or 358
municipality of this state. The term "governing authority" shall 359
not include economic development authorities supported in part by 360
private funds, or commissions appointed to hold title to and 361
oversee the development and management of lands and buildings 362
which are donated by private individuals to the public for the use 363
and benefit of the community and which are supported in part by 364
private funds. The term "governing authority" also shall not 365
include the governing board of a charter school. The term 366
"governing authority" also shall not include the Mississippi 367
School of the Arts established in Section 37-140-1 et seq., for 368
the sole purpose of the application of the term "agency" as it 369
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pertains to the Public Procurement Review Board's powers and 370
responsibilities as defined in Section 27-104-7(2)(a), but without 371
application to the use of the term within this chapter, effective 372
July 1, 2020. The term "governing authority" also shall not 373
include the Mississippi School for the Blind and the Mississippi 374
School for the Deaf (MSBD) for the sole purpose of the application 375
of the term "governing authority" as it pertains to the Public 376
Procurement Review Board's powers and responsibilities as defined 377
in Section 27-104-7(2)(a), but without application to the use of 378
the term within this chapter, effective July 1, 2021. The term 379
"governing authority" also shall not include the Mississippi 380
School for Mathematics and Science established in Section 37-139-1 381
et seq., for the sole purpose of the application of the term 382
"governing authority" as it pertains to the Public Procurement 383
Review Board's powers and responsibilities as defined in Section 384
27-104-7(2)(a), but without application to the use of the term 385
within this chapter, effective July 1, 2026. 386
(c) "Purchasing agent" means any administrator, 387
superintendent, purchase clerk or other chief officer so 388
designated having general or special authority to negotiate for 389
and make private contract for or purchase for any governing 390
authority or agency, including issue purchase orders, invitations 391
for bid, requests for proposals, and receive and accept bids. 392
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(d) "Public funds" means and includes any appropriated 393
funds, special funds, fees or any other emoluments received by an 394
agency or governing authority. 395
(e) "Commodities" means and includes the various 396
commodities, goods, merchandise, furniture, equipment, automotive 397
equipment of every kind, and other personal property purchased by 398
the agencies of the state and governing authorities, but not 399
commodities purchased for resale or raw materials converted into 400
products for resale. 401
(i) "Equipment" shall be construed to include: 402
automobiles, trucks, tractors, office appliances and all other 403
equipment of every kind and description. 404
(ii) "Furniture" shall be construed to include: 405
desks, chairs, tables, seats, filing cabinets, bookcases and all 406
other items of a similar nature as well as dormitory furniture, 407
appliances, carpets and all other items of personal property 408
generally referred to as home, office or school furniture. 409
(f) "Emergency" means any circumstances caused by fire, 410
flood, explosion, storm, earthquake, epidemic, riot, insurrection 411
or caused by any inherent defect due to defective construction, or 412
when the immediate preservation of order or of public health is 413
necessary by reason of unforeseen emergency, or when the immediate 414
restoration of a condition of usefulness of any public building, 415
equipment, road or bridge appears advisable, or in the case of a 416
public utility when there is a failure of any machine or other 417
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thing used and useful in the generation, production or 418
distribution of electricity, water or natural gas, or in the 419
transportation or treatment of sewage; or when the delay incident 420
to obtaining competitive bids could cause adverse impact upon the 421
governing authorities or agency, its employees or its citizens; or 422
in the case of a public airport, when the delay incident to 423
publishing an advertisement for competitive bids would endanger 424
public safety in a specific (not general) manner, result in or 425
perpetuate a specific breach of airport security, or prevent the 426
airport from providing specific air transportation services. 427
(g) "Construction" means the process of building, 428
altering, improving, renovating or demolishing a public structure, 429
public building, or other public real property. It does not 430
include routine operation, routine repair or regularly scheduled 431
maintenance of existing public structures, public buildings or 432
other public real property. 433
(h) "Purchase" means buying, renting, leasing or 434
otherwise acquiring. 435
(i) "Certified purchasing office" means any purchasing 436
office in which fifty percent (50%) or more of the purchasing 437
agents hold a certification from the Universal Public Purchasing 438
Certification Council or other nationally recognized purchasing 439
certification, and in which, in the case of a state agency 440
purchasing office, in addition to the national certification, one 441
hundred percent (100%) of the purchasing officials hold a 442
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certification from the State of Mississippi's Basic or Advanced 443
Purchasing Certification Program. 444
(j) "Certified Mississippi Purchasing Agent" means a 445
state agency purchasing official who holds a certification from 446
the Mississippi Basic Purchasing Certification Program as 447
established by the Office of Purchasing, Travel and Fleet 448
Management. 449
(k) "Certified Mississippi Procurement Manager" means a 450
state agency purchasing official who holds a certification from 451
the Mississippi Advanced Purchasing Certification Program as 452
established by the Office of Purchasing, Travel and Fleet 453
Management. 454
SECTION 8. Section 37-7-307, Mississippi Code of 1972, is 455
amended as follows: 456
37-7-307. (1) For purposes of this section, the term 457
"licensed employee" means any employee of a public school district 458
required to hold a valid license by the Commission on Teacher and 459
Administrator Education, Certification and Licensure and 460
Development. 461
(2) The school board of a school district shall establish by 462
rules and regulations a policy of sick leave with pay for licensed 463
employees and teacher assistants employed in the school district, 464
and such policy shall include the following minimum provisions for 465
sick and emergency leave with pay: 466
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(a) Each licensed employee and teacher assistant, at 467
the beginning of each school year, shall be credited with a 468
minimum sick leave allowance, with pay, of seven (7) days for 469
absences caused by illness or physical disability of the employee 470
during that school year. 471
(b) Any unused portion of the total sick leave 472
allowance shall be carried over to the next school year and 473
credited to such licensed employee and teacher assistant if the 474
licensed employee or teacher assistant remains employed in the 475
same school district. In the event any public school licensed 476
employee or teacher assistant transfers from one public school 477
district in Mississippi to another, any unused portion of the 478
total sick leave allowance credited to such licensed employee or 479
teacher assistant shall be credited to such licensed employee or 480
teacher assistant in the computation of unused leave for 481
retirement purposes under Section 25-11-109. Accumulation of sick 482
leave allowed under this section shall be unlimited. 483
(c) No deduction from the pay of such licensed employee 484
or teacher assistant may be made because of absence of such 485
licensed employee or teacher assistant caused by illness or 486
physical disability of the licensed employee or teacher assistant 487
until after all sick leave allowance credited to such licensed 488
employee or teacher assistant has been used. 489
(d) For the first ten (10) days of absence of a 490
licensed employee because of illness or physical disability, in 491
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any school year, in excess of the sick leave allowance credited to 492
such licensed employee, there shall be deducted from the pay of 493
such licensed employee the established substitute amount of 494
licensed employee compensation paid in that local school district, 495
necessitated because of the absence of the licensed employee as a 496
result of illness or physical disability. In lieu of deducting 497
the established substitute amount from the pay of such licensed 498
employee, the policy may allow the licensed employee to receive 499
full pay for the first ten (10) days of absence because of illness 500
or physical disability, in any school year, in excess of the sick 501
leave allowance credited to such licensed employee. Thereafter, 502
the regular pay of such absent licensed employee shall be 503
suspended and withheld in its entirety for any period of absence 504
because of illness or physical disability during that school year. 505
(3) (a) Beginning with the school year 1983-1984, each 506
licensed employee at the beginning of each school year shall be 507
credited with a minimum personal leave allowance, with pay, of two 508
(2) days for absences caused by personal reasons during that 509
school year. Effective for the 2010-2011 and 2011-2012 school 510
years, licensed employees shall be credited with an additional 511
one-half (1/2) day of personal leave for every day the licensed 512
employee is furloughed without pay as provided in Section 513
37-7-308. Except as otherwise provided in paragraph (b) of this 514
subsection, such personal leave shall not be taken on the first 515
day of the school term, the last day of the school term, on a day 516
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previous to a holiday or a day after a holiday. Personal leave 517
may be used for professional purposes, including absences caused 518
by attendance of such licensed employee at a seminar, class, 519
training program, professional association or other functions 520
designed for educators. No deduction from the pay of such 521
licensed employee may be made because of absence of such licensed 522
employee caused by personal reasons until after all personal leave 523
allowance credited to such licensed employee has been used. 524
However, the superintendent of a school district, in his 525
discretion, may allow a licensed employee personal leave in 526
addition to any minimum personal leave allowance, under the 527
condition that there shall be deducted from the salary of such 528
licensed employee the actual amount of any compensation paid to 529
any person as a substitute, necessitated because of the absence of 530
the licensed employee. Any unused portion of the total personal 531
leave allowance up to five (5) days shall be carried over to the 532
next school year and credited to such licensed employee if the 533
licensed employee remains employed in the same school district. 534
Any personal leave allowed for a furlough day shall not be carried 535
over to the next school year. 536
(b) Notwithstanding the restrictions on the use of 537
personal leave prescribed under paragraph (a) of this subsection, 538
a licensed employee may use personal leave as follows: 539
(i) Personal leave may be taken on the first day 540
of the school term, the last day of the school term, on a day 541
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previous to a holiday or a day after a holiday if, on the 542
applicable day, an immediate family member of the employee is 543
being deployed for military service. 544
(ii) Personal leave may be taken on a day previous 545
to a holiday or a day after a holiday if an employee of a school 546
district has either a minimum of ten (10) years' experience as an 547
employee of that school district or a minimum of thirty (30) days 548
of unused accumulated leave that has been earned while employed in 549
that school district. 550
(iii) Personal leave may be taken on the first day 551
of the school term, the last day of the school term, on a day 552
previous to a holiday or a day after a holiday if, on the 553
applicable day, the employee has been summoned to appear for jury 554
duty or as a witness in court. 555
(iv) Personal leave may be taken on the first day 556
of the school term, the last day of the school term, on a day 557
previous to a holiday or a day after a holiday if, on the 558
applicable day, an immediate family member of the employee dies or 559
funeral services are held. Any day of the three (3) bereavement 560
days may be used at the discretion of the teacher, and are not 561
required to be taken in consecutive succession. 562
For the purpose of this subsection (3), the term "immediate 563
family member" means spouse, parent, stepparent, child or 564
stepchild, grandparent or sibling, including a stepbrother or 565
stepsister. 566
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(4) Beginning with the school year 1992-1993, each licensed 567
employee shall be credited with a professional leave allowance, 568
with pay, for each day of absence caused by reason of such 569
employee's statutorily required membership and attendance at a 570
regular or special meeting held within the State of Mississippi of 571
the State Board of Education, the Commission on Teacher and 572
Administrator Education, Certification and Licensure and 573
Development, the Commission on School Accreditation, the 574
Mississippi Authority for Educational Television, the meetings of 575
the state textbook rating committees or other meetings authorized 576
by local school board policy. 577
(5) Upon retirement from employment, each licensed and 578
nonlicensed employee shall be paid for not more than thirty (30) 579
days of unused accumulated leave earned while employed by the 580
school district in which the employee is last employed. Such 581
payment for licensed employees shall be made by the school 582
district at a rate equal to the amount paid to substitute teachers 583
and for nonlicensed employees, the payment shall be made by the 584
school district at a rate equal to the federal minimum wage. The 585
payment shall be treated in the same manner for retirement 586
purposes as a lump-sum payment for personal leave as provided in 587
Section 25-11-103(f). Any remaining lawfully credited unused 588
leave, for which payment has not been made, shall be certified to 589
the Public Employees' Retirement System in the same manner and 590
subject to the same limitations as otherwise provided by law for 591
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unused leave. No payment for unused accumulated leave may be made 592
to either a licensed or nonlicensed employee at termination or 593
separation from service for any purpose other than for the purpose 594
of retirement. 595
(6) The school board may adopt rules and regulations which 596
will reasonably aid to implement the policy of sick and personal 597
leave, including, but not limited to, rules and regulations having 598
the following general effect: 599
(a) Requiring the absent employee to furnish the 600
certificate of a physician or dentist or other medical 601
practitioner as to the illness of the absent licensed employee, 602
where the absence is for four (4) or more consecutive school days, 603
or for two (2) consecutive school days immediately preceding or 604
following a nonschool day; 605
(b) Providing penalties, by way of full deduction from 606
salary, or entry on the work record of the employee, or other 607
appropriate penalties, for any materially false statement by the 608
employee as to the cause of absence; 609
(c) Forfeiture of accumulated or future sick leave, if 610
the absence of the employee is caused by optional dental or 611
medical treatment or surgery which could, without medical risk, 612
have been provided, furnished or performed at a time when school 613
was not in session; 614
(d) Enlarging, increasing or providing greater sick or 615
personal leave allowances than the minimum standards established 616
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by this section in the discretion of the school board of each 617
school district. 618
(7) School boards may include in their budgets provisions 619
for the payment of substitute employees, necessitated because of 620
the absence of regular licensed employees. All such substitute 621
employees shall be paid wholly from district funds. Such school 622
boards, in their discretion, also may pay, from district funds 623
other than the total funding formula funds provided for in 624
Sections 37-151-200 through 37-151-215, the whole or any part of 625
the salaries of all employees granted leaves for the purpose of 626
special studies or training. 627
(8) The school board may further adopt rules and regulations 628
which will reasonably implement such leave policies for all other 629
nonlicensed and hourly paid school employees as the board deems 630
appropriate. Effective for the 2010-2011 and 2011-2012 school 631
years, nonlicensed employees shall be credited with an additional 632
one-half (1/2) day of personal leave for every day the nonlicensed 633
employee is furloughed without pay as provided in Section 634
37-7-308. 635
(9) Vacation leave granted to either licensed or nonlicensed 636
employees shall be synonymous with personal leave. Unused 637
vacation or personal leave accumulated by licensed employees in 638
excess of the maximum five (5) days which may be carried over from 639
one year to the next may be converted to sick leave. The annual 640
conversion of unused vacation or personal leave to sick days for 641
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licensed or unlicensed employees shall not exceed the allowable 642
number of personal leave days as provided in Section 25-3-93. The 643
annual total number of converted unused vacation and/or personal 644
days added to the annual unused sick days for any employee shall 645
not exceed the combined allowable number of days per year provided 646
in Sections 25-3-93 and 25-3-95. Local school board policies that 647
provide for vacation, personal and sick leave for employees shall 648
not exceed the provisions for leave as provided in Sections 649
25-3-93 and 25-3-95. Any personal or vacation leave previously 650
converted to sick leave under a lawfully adopted policy before May 651
1, 2004, or such personal or vacation leave accumulated and 652
available for use prior to May 1, 2004, under a lawfully adopted 653
policy but converted to sick leave after May 1, 2004, shall be 654
recognized as accrued leave by the local school district and 655
available for use by the employee. The leave converted under a 656
lawfully adopted policy prior to May 1, 2004, or such personal and 657
vacation leave accumulated and available for use as of May 1, 658
2004, which was subsequently converted to sick leave may be 659
certified to the Public Employees' Retirement System upon 660
termination of employment and any such leave previously converted 661
and certified to the Public Employees' Retirement System shall be 662
recognized. 663
(10) (a) For the purposes of this subsection, the following 664
words and phrases shall have the meaning ascribed in this 665
paragraph unless the context requires otherwise: 666
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(i) "Catastrophic injury or illness" means a 667
life-threatening injury or illness of an employee or a member of 668
an employee's immediate family that totally incapacitates the 669
employee from work, as verified by a licensed physician, and 670
forces the employee to exhaust all leave time earned by that 671
employee, resulting in the loss of compensation from the local 672
school district for the employee. Conditions that are short-term 673
in nature, including, but not limited to, common illnesses such as 674
influenza and the measles, and common injuries, are not 675
catastrophic. Chronic illnesses or injuries, such as cancer or 676
major surgery, that result in intermittent absences from work and 677
that are long-term in nature and require long recuperation periods 678
may be considered catastrophic. 679
(ii) "Immediate family" means spouse, parent, 680
stepparent, sibling, child or stepchild, grandparent, stepbrother 681
or stepsister. 682
(b) Any school district employee may donate a portion 683
of his or her unused accumulated personal leave or sick leave to 684
another employee of the same school district who is suffering from 685
a catastrophic injury or illness or who has a member of his or her 686
immediate family suffering from a catastrophic injury or illness, 687
in accordance with the following: 688
(i) The employee donating the leave (the "donor 689
employee") shall designate the employee who is to receive the 690
leave (the "recipient employee") and the amount of unused 691
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accumulated personal leave and sick leave that is to be donated, 692
and shall notify the school district superintendent or his 693
designee of his or her designation. 694
(ii) The maximum amount of unused accumulated 695
personal leave that an employee may donate to any other employee 696
may not exceed a number of days that would leave the donor 697
employee with fewer than seven (7) days of personal leave 698
remaining, and the maximum amount of unused accumulated sick leave 699
that an employee may donate to any other employee may not exceed 700
fifty percent (50%) of the unused accumulated sick leave of the 701
donor employee. 702
(iii) An employee must have exhausted all of his 703
or her available leave before he or she will be eligible to 704
receive any leave donated by another employee. Eligibility for 705
donated leave shall be based upon review and approval by the donor 706
employee's supervisor. 707
(iv) Before an employee may receive donated leave, 708
he or she must provide the school district superintendent or his 709
designee with a physician's statement that states that the illness 710
meets the catastrophic criteria established under this section, 711
the beginning date of the catastrophic injury or illness, a 712
description of the injury or illness, and a prognosis for recovery 713
and the anticipated date that the recipient employee will be able 714
to return to work. 715
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(v) Before an employee may receive donated leave, 716
the superintendent of education of the school district shall 717
appoint a review committee to approve or disapprove the said 718
donations of leave, including the determination that the illness 719
is catastrophic within the meaning of this section. 720
(vi) If the total amount of leave that is donated 721
to any employee is not used by the recipient employee, the whole 722
days of donated leave shall be returned to the donor employees on 723
a pro rata basis, based on the ratio of the number of days of 724
leave donated by each donor employee to the total number of days 725
of leave donated by all donor employees. 726
(vii) Donated leave shall not be used in lieu of 727
disability retirement. 728
(11) Effective January 1, 2020, the provisions of this 729
section shall be fully applicable to any licensed employee of the 730
Mississippi School of the Arts (MSA). 731
(12) Effective July 1, 2026, this section shall be fully 732
applicable to any licensed employee of the Mississippi School for 733
Mathematics and Science (MSMS). 734
SECTION 9. Section 37-9-17, Mississippi Code of 1972, is 735
amended as follows: 736
37-9-17. (1) On or before April 1 of each year, the 737
principal of each school shall recommend to the superintendent of 738
the local school district the licensed employees or 739
noninstructional employees to be employed for the school involved 740
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except those licensed employees or noninstructional employees who 741
have been previously employed and who have a contract valid for 742
the ensuing scholastic year. If such recommendations meet with 743
the approval of the superintendent, the superintendent shall 744
recommend the employment of such licensed employees or 745
noninstructional employees to the local school board, and, unless 746
good reason to the contrary exists, the board shall elect the 747
employees so recommended. If, for any reason, the local school 748
board shall decline to elect any employee so recommended, 749
additional recommendations for the places to be filled shall be 750
made by the principal to the superintendent and then by the 751
superintendent to the local school board as provided above. The 752
school board of any local school district shall be authorized to 753
designate a personnel supervisor or another principal employed by 754
the school district to recommend to the superintendent licensed 755
employees or noninstructional employees; however, this 756
authorization shall be restricted to no more than two (2) 757
positions for each employment period for each school in the local 758
school district. Any noninstructional employee employed upon the 759
recommendation of a personnel supervisor or another principal 760
employed by the local school district must have been employed by 761
the local school district at the time the superintendent was 762
elected or appointed to office; a noninstructional employee 763
employed under this authorization may not be paid compensation in 764
excess of the statewide average compensation for such 765
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noninstructional position with comparable experience, as 766
established by the State Department of Education. The school 767
board of any local school district shall be authorized to 768
designate a personnel supervisor or another principal employed by 769
the school district to accept the recommendations of principals or 770
their designees for licensed employees or noninstructional 771
employees and to transmit approved recommendations to the local 772
school board; however, this authorization shall be restricted to 773
no more than two (2) positions for each employment period for each 774
school in the local school district. 775
When the licensed employees have been elected as provided in 776
the preceding paragraph, the superintendent of the district shall 777
enter into a contract with such persons in the manner provided in 778
this chapter. 779
If, at the commencement of the scholastic year, any licensed 780
employee shall present to the superintendent a license of a higher 781
grade than that specified in such individual's contract, such 782
individual may, if funds are available from the total funding 783
formula funds of the district as provided for in Sections 784
37-151-200 through 37-151-215, or from district funds, be paid 785
from such funds the amount to which such higher grade license 786
would have entitled the individual, had the license been held at 787
the time the contract was executed. 788
(2) Superintendents/directors of schools under the purview 789
of the State Board of Education, the superintendent of the local 790
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school district and any private firm under contract with the local 791
public school district to provide substitute teachers to teach 792
during the absence of a regularly employed schoolteacher shall 793
require, through the appropriate governmental authority, that 794
current criminal records background checks and current child abuse 795
registry checks are obtained, and that such criminal record 796
information and registry checks are on file for any new hires 797
applying for employment as a licensed or nonlicensed employee at a 798
school and not previously employed in such school under the 799
purview of the State Board of Education or at such local school 800
district prior to July 1, 2000. In order to determine the 801
applicant's suitability for employment, the applicant shall be 802
fingerprinted. If no disqualifying record is identified at the 803
state level, the fingerprints shall be forwarded by the Department 804
of Public Safety to the Federal Bureau of Investigation for a 805
national criminal history record check. The fee for such 806
fingerprinting and criminal history record check shall be paid by 807
the applicant, not to exceed Fifty Dollars ($50.00); however, the 808
State Board of Education, the school board of the local school 809
district or a private firm under contract with a local school 810
district to provide substitute teachers to teach during the 811
temporary absence of the regularly employed schoolteacher, in its 812
discretion, may elect to pay the fee for the fingerprinting and 813
criminal history record check on behalf of any applicant. Under 814
no circumstances shall a member of the State Board of Education, 815
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superintendent/director of schools under the purview of the State 816
Board of Education, local school district superintendent, local 817
school board member or any individual other than the subject of 818
the criminal history record checks disseminate information 819
received through any such checks except insofar as required to 820
fulfill the purposes of this section. Any nonpublic school which 821
is accredited or approved by the State Board of Education may 822
avail itself of the procedures provided for herein and shall be 823
responsible for the same fee charged in the case of local public 824
schools of this state. The determination whether the applicant 825
has a disqualifying crime, as set forth in subsection (3) of this 826
section, shall be made by the appropriate governmental authority, 827
and the appropriate governmental authority shall notify the 828
private firm whether a disqualifying crime exists. 829
(3) If such fingerprinting or criminal record checks 830
disclose a felony conviction, guilty plea or plea of nolo 831
contendere to a felony of possession or sale of drugs, murder, 832
manslaughter, armed robbery, rape, sexual battery, sex offense 833
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 834
burglary, gratification of lust or aggravated assault which has 835
not been reversed on appeal or for which a pardon has not been 836
granted, the new hire shall not be eligible to be employed at such 837
school. Any employment contract for a new hire executed by the 838
superintendent of the local school district or any employment of a 839
new hire by a superintendent/director of a new school under the 840
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purview of the State Board of Education or by a private firm shall 841
be voidable if the new hire receives a disqualifying criminal 842
record check. However, the State Board of Education or the school 843
board may, in its discretion, allow any applicant aggrieved by the 844
employment decision under this section to appear before the 845
respective board, or before a hearing officer designated for such 846
purpose, to show mitigating circumstances which may exist and 847
allow the new hire to be employed at the school. The State Board 848
of Education or local school board may grant waivers for such 849
mitigating circumstances, which shall include, but not be limited 850
to: (a) age at which the crime was committed; (b) circumstances 851
surrounding the crime; (c) length of time since the conviction and 852
criminal history since the conviction; (d) work history; (e) 853
current employment and character references; (f) other evidence 854
demonstrating the ability of the person to perform the employment 855
responsibilities competently and that the person does not pose a 856
threat to the health or safety of the children at the school. 857
(4) No local school district, local school district 858
employee, member of the State Board of Education or employee of a 859
school under the purview of the State Board of Education shall be 860
held liable in any employment discrimination suit in which an 861
allegation of discrimination is made regarding an employment 862
decision authorized under this Section 37-9-17. 863
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(5) The provisions of this section shall be fully applicable 864
to licensed employees of the Mississippi School of the Arts (MSA), 865
established in Section 37-140-3. 866
(6) This section shall be fully applicable to licensed 867
employees of the Mississippi School for Mathematics and Science 868
(MSMS), established in Section 37–139–3. 869
SECTION 10. Section 37-9-59, Mississippi Code of 1972, is 870
amended as follows: 871
37-9-59. (1) For incompetence, neglect of duty, immoral 872
conduct, intemperance, brutal treatment of a pupil or other good 873
cause the superintendent of schools may dismiss or suspend any 874
licensed employee in any school district. Before being so 875
dismissed or suspended any licensed employee shall be notified of 876
the charges against him and he shall be advised that he is 877
entitled to a public hearing upon said charges. Provided, 878
however, that a school superintendent whose employment has been 879
terminated under this section shall not have the right to request 880
a hearing before the school board or a hearing officer. Provided, 881
however, that a licensed employee in a conservator school district 882
whose employment has been terminated under this section for good 883
cause as determined by a conservator appointed by the State Board 884
of Education shall not have a right to request a hearing before 885
the school board, a hearing officer or the State Board of 886
Education. The conservator has the right to immediately terminate 887
a licensed employee under this section. In the event the 888
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continued presence of said employee on school premises poses a 889
potential threat or danger to the health, safety or general 890
welfare of the students, or, in the discretion of the 891
superintendent, may interfere with or cause a disruption of normal 892
school operations, the superintendent may immediately release said 893
employee of all duties pending a hearing if one is requested by 894
the employee. In the event a licensed employee is arrested, 895
indicted or otherwise charged with a felony by a recognized law 896
enforcement official, the continued presence of the licensed 897
employee on school premises shall be deemed to constitute a 898
disruption of normal school operations. The school board, upon a 899
request for a hearing by the person so suspended or removed shall 900
set a date, time and place for such hearing which shall be not 901
sooner than five (5) days nor later than thirty (30) days from the 902
date of the request. The procedure for such hearing shall be as 903
prescribed for hearings before the board or hearing officer in 904
Section 37-9-111. From the decision made at said hearing, any 905
licensed employee shall be allowed an appeal to the chancery court 906
in the same manner as appeals are authorized in Section 37-9-113. 907
Any party aggrieved by action of the chancery court may appeal to 908
the Mississippi Supreme Court as provided by law. In the event 909
that a licensed employee is immediately relieved of duties pending 910
a hearing, as provided in this section, said employee shall be 911
entitled to compensation for a period up to and including the date 912
that the initial hearing is set by the school board, in the event 913
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that there is a request for such a hearing by the employee. In 914
the event that an employee does not request a hearing within five 915
(5) calendar days of the date of the notice of discharge or 916
suspension, it shall constitute a waiver of all rights by said 917
employee and such discharge or suspension shall be effective on 918
the date set out in the notice to the employee. 919
(2) The school board of every school district in this state 920
is hereby prohibited from denying employment or reemployment to 921
any person as a superintendent, principal or licensed employee, as 922
defined in Section 37-19-1, or as a noninstructional personnel, as 923
defined in Section 37-9-1, for the single reason that any eligible 924
child of such person does not attend the school system in which 925
such superintendent, principal, licensed employee or 926
noninstructional personnel is employed. 927
(3) The provisions of this section shall be fully applicable 928
to any administrator or employee of the Mississippi School of the 929
Arts (MSA). 930
(4) This section shall be fully applicable to any 931
administrator or employee of the Mississippi School for 932
Mathematics and Science (MSMS). 933
SECTION 11. Section 37-9-103, Mississippi Code of 1972, is 934
amended as follows: 935
37-9-103. (1) As used in Sections 37-9-101 through 936
37-9-113, the word "employee" shall include: 937
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(a) Any teacher, principal, superintendent or other 938
professional personnel employed by the local school 939
district * * *, the Mississippi School of the Arts (MSA) or the 940
Mississippi School for Mathematics and Science (MSMS) for a 941
continuous period of two (2) years with that district and required 942
to have a valid license issued by the State Department of 943
Education as a prerequisite of employment; or 944
(b) Any teacher, principal, superintendent or other 945
professional personnel who has completed a continuous period of 946
two (2) years of employment in a Mississippi public school 947
district and one (1) full year of employment with the school 948
district of current employment * * *, the MSA or MSMS, and who is 949
required to have a valid license issued by the State Department of 950
Education as a prerequisite of employment. 951
(2) (a) The Education Employment Procedures Law shall not 952
apply to any category of employee as defined in this section 953
employed in any school district after the Governor declares a 954
state of emergency under the provisions of Section 37-17-6(12). 955
The Education Employment Procedures Law shall not be applicable in 956
any school district for the full period of time that those 957
conditions, as defined in Section 37-17-6(12), exist. 958
(b) The Education Employment Procedures Law shall not 959
apply to any category of teacher, administrator or other employee 960
employed to work in any charter school. 961
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ST: MSMS; provide for hiring procedures and
tenth-grade enrollment options.
(3) For purposes of Sections 37-9-101 through 37-9-113, the 962
term "days" means calendar days. 963
SECTION 12. This act shall take effect and be in force from 964
and after July 1, 2026. 965