| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representative Remak House Bill 817 AN ACT TO PROVIDE FOR THE REMOVAL OF SCHOOL BOARD MEMBERS FOR MALFEASANCE, MISFEASANCE OR NONFEASANCE IN OFFICE OR FOR OTHER JUST CAUSE, INCLUDING, NEGLECT TO PERFORM OFFICIAL DUTIES ASSOCIATED WITH THE CONDUCT OF PUBLIC SCHOOLS AND PROGRAMS, BREACH OF PUBLIC TRUST OR ABUSE OF AUTHORITY; TO REQUIRE THE LOCAL SCHOOL BOARD TO MAKE AN OFFICIAL RECOMMENDATION FOR REMOVAL TO THE APPROPRIATE LOCAL GOVERNING AUTHORITY; TO PRESCRIBE THE MANNER FOR NOTICE AND ADMINISTRATIVE PROCEEDINGS PROVIDED TO THE ACCUSED SCHOOL BOARD MEMBER RECOMMENDED FOR REMOVAL; TO PROVIDE THAT THE LOCAL GOVERNING AUTHORITY SHALL ACT AS THE REVIEWING BODY WHICH SHALL VOTE UPON ITS FINDINGS UPON THE CONCLUSION OF THE HEARING; TO PROVIDE THAT THE REMOVAL OR NONREMOVAL OF AN ACCUSED SCHOOL BOARD MEMBER SHALL REQUIRE A MAJORITY VOTE OF THE LOCAL GOVERNING AUTHORITY; TO PROVIDE AN APPEALS PROCESS FOR AN AGGRIEVED PARTY; TO AMEND SECTION 37-6-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHRONIC ABSENTEEISM FROM ATTENDING MEETINGS OF THE SCHOOL BOARD MAY CONSTITUTE GROUNDS FOR REMOVAL FOR NEGLECT TO PERFORM OFFICIAL DUTIES ASSOCIATED WITH THE CONDUCT OF PUBLIC SCHOOLS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) (a) Upon the official recommendation of removal by the local school board, duly spread upon the minutes and presented by the president of the board to the appropriate local governing authority, any school board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause, including, neglect to perform official duties associated with the conduct of public schools and programs under the provisions of Title 37, Mississippi Code of 1972, breach of public trust or abuse of authority. (b) Upon receipt of the school board's recommendation for removal under any grounds of violation specified in paragraph (a), the local governing authority shall act as the reviewing body. The governing authority shall send a copy of the recommendation and any supporting documents to the accused school board member along with a summons requiring the accused to respond to the allegations within thirty (30) days. The notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. If the accused does not respond within the thirty-day period, he or she shall be considered to be in default. Upon receipt of the response and any supporting documents from the accused, the local governing authority shall determine the merits of the complaint. The local governing authority may meet informally with the accused and discuss the alleged violation. (2) (a) If the local governing authority determines that the recommendation for removal lacks merit, it may dismiss the recommendation. (b) If the local governing authority determines that there is substantial evidence that a violation has occurred or if the accused admits to the truth of the allegations upon which the recommendation for removal is based, the governing authority shall set a date within fifteen (15) days of such determination upon which a hearing shall be held in connection with the vote upon the question of whether or not the accused school board member shall be removed. (c) A court reporter shall be in attendance and shall record the proceedings. The local governing authority shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding. The parties may offer oral testimony through witnesses and shall have the right of cross-examination. The rules of evidence shall be relaxed. (d) At the conclusion of the hearing the local governing authority shall take a vote upon its findings. A majority vote of the governing authority shall be required to affirm the removal or nonremoval of the accused school board member. (3) (a) Any individual aggrieved by a final decision of the local governing authority shall be entitled to judicial review. (b) An appeal from the decision of the hearing committee shall be made by filing a written notice of appeal with the circuit court clerk of the county where the accused resides. The notice of appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall otherwise be conducted in accordance with existing laws and rules. (c) Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules. (4) For purposes of this section, the following terms shall have the meanings ascribed herein: (a) "Malfeasance in office" means the intentional and unlawful conduct that causes harm to someone else. (b) "Misfeasance in office" means the improper execution of a lawful act while acting in an official capacity. (c) "Nonfeasance in office" means the failure to perform a legal duty or obligation. (d) "Breach of public trust" means a public official or government figure abuses his or her position by acting in a way that violates the faith and confidence the public has placed in them, often by prioritizing personal gain over the public interest. (e) "Abuse of authority" means an individual's improper use of power and authority inherent in the position held, by means of intimidation, threats, blackmail or coercion. However, it does not include the legitimate exercise of an individual's supervisory power or authority. SECTION 2. Section 37-6-13, Mississippi Code of 1972, is amended as follows: 37-6-13. (1) Each person serving as a member of the school board of any school district shall receive per diem in the amount of One Hundred Twelve Dollars ($112.00) for no more than thirty-six (36) meetings of the school board during any one (1) fiscal year or, in his or her discretion, irrevocably may choose to receive as compensation for his or her services an annual salary, subject to the following provisions: (a) For a person serving as a member of the school board of a school district with less than five thousand (5,000) students enrolled in the school district, the person shall receive an annual salary of Four Thousand Dollars ($4,000.00); (b) For a person serving as a member of the school board of a school district with at least five thousand (5,000) students but less than ten thousand (10,000) students enrolled in the school district, the person shall receive an annual salary of not less than Four Thousand Dollars ($4,000.00) but not more than Five Thousand Dollars ($5,000.00); and (c) For a person serving as a member of the school board of a school district with greater than ten thousand (10,000) students enrolled in the school district, the person shall receive an annual salary of not less than Four Thousand Dollars ($4,000.00) but not more than Six Thousand Dollars ($6,000.00). This choice shall remain in force for all successive terms or periods of service of that member. The receipt of the compensation shall not entitle any member of a school board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Each member shall be reimbursed for the necessary expenses and mileage in attending meetings of the school board. In addition to the foregoing, all members may be reimbursed for mileage and actual expenses incurred in the further performance of their duties, including attendance at any mandatory school board training session or at regional and national education meetings, when such mileage and other expenses are authorized by the board prior to the date on which they occur. Detailed vouchers shall be submitted for reimbursement for all expenses authorized by this section. Such reimbursement shall be in accordance with Section 25-3-41. Such expenses shall be paid on order of the school board by pay certificates issued by the superintendent of the school district involved against the funds available for payment of the administrative expense of the district. (2) (a) If a member of a school board misses twenty percent (20%) or more of the meetings of the school board during a calendar year, except for absences caused by required military duty, the member must reimburse the school district that portion of the total salary paid to the member that year which is proportionate to the number of meetings missed by the member in relation to the total number of school board meetings held during that year. For purposes of this subsection, consideration may be given only to meetings of which public notice is required. Failure of a member to regularly attend meetings of the school board so as to constitute chronic absenteeism, as indicated by missing twenty percent (20%) or more of the meetings, shall subject such member to recommendation for removal from the board for neglect to perform official duties as prescribed in Section 1 of this act. (b) Before February 1 of each year, the president of each local school board shall submit a report to the State Board of Education containing the names of any members of the school board who missed twenty percent (20%) or more of the school board meetings during the preceding calendar year. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Education |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Remak |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 817 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO PROVIDE FOR THE REMOVAL OF SCHOOL BOARD MEMBERS FOR MALFEASANCE, MISFEASANCE OR NONFEASANCE IN OFFICE OR FOR OTHER JUST CAUSE, INCLUDING, NEGLECT TO PERFORM OFFICIAL DUTIES ASSOCIATED WITH THE CONDUCT OF PUBLIC SCHOOLS AND PROGRAMS, BREACH OF PUBLIC TRUST OR ABUSE OF AUTHORITY; TO REQUIRE THE LOCAL SCHOOL BOARD TO MAKE AN OFFICIAL RECOMMENDATION FOR REMOVAL TO THE APPROPRIATE LOCAL GOVERNING AUTHORITY; TO PRESCRIBE THE MANNER FOR NOTICE AND ADMINISTRATIVE PROCEEDINGS PROVIDED TO THE ACCUSED SCHOOL BOARD MEMBER RECOMMENDED FOR REMOVAL; TO PROVIDE THAT THE LOCAL GOVERNING AUTHORITY SHALL ACT AS THE REVIEWING BODY WHICH SHALL VOTE UPON ITS FINDINGS UPON THE CONCLUSION OF THE HEARING; TO PROVIDE THAT THE REMOVAL OR NONREMOVAL OF AN ACCUSED SCHOOL BOARD MEMBER SHALL REQUIRE A MAJORITY VOTE OF THE LOCAL GOVERNING AUTHORITY; TO PROVIDE AN APPEALS PROCESS FOR AN AGGRIEVED PARTY; TO AMEND SECTION 37-6-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHRONIC ABSENTEEISM FROM ATTENDING MEETINGS OF THE SCHOOL BOARD MAY CONSTITUTE GROUNDS FOR REMOVAL FOR NEGLECT TO PERFORM OFFICIAL DUTIES ASSOCIATED WITH THE CONDUCT OF PUBLIC SCHOOLS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) (a) Upon the official recommendation of removal by the local school board, duly spread upon the minutes and presented by the president of the board to the appropriate local governing authority, any school board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause, including, neglect to perform official duties associated with the conduct of public schools and programs under the provisions of Title 37, Mississippi Code of 1972, breach of public trust or abuse of authority. |
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| 18 | 18 | | |
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| 19 | 19 | | (b) Upon receipt of the school board's recommendation for removal under any grounds of violation specified in paragraph (a), the local governing authority shall act as the reviewing body. The governing authority shall send a copy of the recommendation and any supporting documents to the accused school board member along with a summons requiring the accused to respond to the allegations within thirty (30) days. The notification shall be accomplished by any of the methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. If the accused does not respond within the thirty-day period, he or she shall be considered to be in default. Upon receipt of the response and any supporting documents from the accused, the local governing authority shall determine the merits of the complaint. The local governing authority may meet informally with the accused and discuss the alleged violation. |
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| 20 | 20 | | |
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| 21 | 21 | | (2) (a) If the local governing authority determines that the recommendation for removal lacks merit, it may dismiss the recommendation. |
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| 22 | 22 | | |
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| 23 | 23 | | (b) If the local governing authority determines that there is substantial evidence that a violation has occurred or if the accused admits to the truth of the allegations upon which the recommendation for removal is based, the governing authority shall set a date within fifteen (15) days of such determination upon which a hearing shall be held in connection with the vote upon the question of whether or not the accused school board member shall be removed. |
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| 24 | 24 | | |
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| 25 | 25 | | (c) A court reporter shall be in attendance and shall record the proceedings. The local governing authority shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding. The parties may offer oral testimony through witnesses and shall have the right of cross-examination. The rules of evidence shall be relaxed. |
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| 26 | 26 | | |
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| 27 | 27 | | (d) At the conclusion of the hearing the local governing authority shall take a vote upon its findings. A majority vote of the governing authority shall be required to affirm the removal or nonremoval of the accused school board member. |
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| 28 | 28 | | |
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| 29 | 29 | | (3) (a) Any individual aggrieved by a final decision of the local governing authority shall be entitled to judicial review. |
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| 30 | 30 | | |
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| 31 | 31 | | (b) An appeal from the decision of the hearing committee shall be made by filing a written notice of appeal with the circuit court clerk of the county where the accused resides. The notice of appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall otherwise be conducted in accordance with existing laws and rules. |
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| 32 | 32 | | |
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| 33 | 33 | | (c) Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules. |
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| 34 | 34 | | |
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| 35 | 35 | | (4) For purposes of this section, the following terms shall have the meanings ascribed herein: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) "Malfeasance in office" means the intentional and unlawful conduct that causes harm to someone else. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) "Misfeasance in office" means the improper execution of a lawful act while acting in an official capacity. |
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| 40 | 40 | | |
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| 41 | 41 | | (c) "Nonfeasance in office" means the failure to perform a legal duty or obligation. |
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| 42 | 42 | | |
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| 43 | 43 | | (d) "Breach of public trust" means a public official or government figure abuses his or her position by acting in a way that violates the faith and confidence the public has placed in them, often by prioritizing personal gain over the public interest. |
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| 44 | 44 | | |
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| 45 | 45 | | (e) "Abuse of authority" means an individual's improper use of power and authority inherent in the position held, by means of intimidation, threats, blackmail or coercion. However, it does not include the legitimate exercise of an individual's supervisory power or authority. |
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| 46 | 46 | | |
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| 47 | 47 | | SECTION 2. Section 37-6-13, Mississippi Code of 1972, is amended as follows: |
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| 48 | 48 | | |
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| 49 | 49 | | 37-6-13. (1) Each person serving as a member of the school board of any school district shall receive per diem in the amount of One Hundred Twelve Dollars ($112.00) for no more than thirty-six (36) meetings of the school board during any one (1) fiscal year or, in his or her discretion, irrevocably may choose to receive as compensation for his or her services an annual salary, subject to the following provisions: |
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| 50 | 50 | | |
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| 51 | 51 | | (a) For a person serving as a member of the school board of a school district with less than five thousand (5,000) students enrolled in the school district, the person shall receive an annual salary of Four Thousand Dollars ($4,000.00); |
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| 52 | 52 | | |
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| 53 | 53 | | (b) For a person serving as a member of the school board of a school district with at least five thousand (5,000) students but less than ten thousand (10,000) students enrolled in the school district, the person shall receive an annual salary of not less than Four Thousand Dollars ($4,000.00) but not more than Five Thousand Dollars ($5,000.00); and |
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| 54 | 54 | | |
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| 55 | 55 | | (c) For a person serving as a member of the school board of a school district with greater than ten thousand (10,000) students enrolled in the school district, the person shall receive an annual salary of not less than Four Thousand Dollars ($4,000.00) but not more than Six Thousand Dollars ($6,000.00). |
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| 56 | 56 | | |
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| 57 | 57 | | This choice shall remain in force for all successive terms or periods of service of that member. The receipt of the compensation shall not entitle any member of a school board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Each member shall be reimbursed for the necessary expenses and mileage in attending meetings of the school board. In addition to the foregoing, all members may be reimbursed for mileage and actual expenses incurred in the further performance of their duties, including attendance at any mandatory school board training session or at regional and national education meetings, when such mileage and other expenses are authorized by the board prior to the date on which they occur. Detailed vouchers shall be submitted for reimbursement for all expenses authorized by this section. Such reimbursement shall be in accordance with Section 25-3-41. |
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| 58 | 58 | | |
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| 59 | 59 | | Such expenses shall be paid on order of the school board by pay certificates issued by the superintendent of the school district involved against the funds available for payment of the administrative expense of the district. |
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| 60 | 60 | | |
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| 61 | 61 | | (2) (a) If a member of a school board misses twenty percent (20%) or more of the meetings of the school board during a calendar year, except for absences caused by required military duty, the member must reimburse the school district that portion of the total salary paid to the member that year which is proportionate to the number of meetings missed by the member in relation to the total number of school board meetings held during that year. For purposes of this subsection, consideration may be given only to meetings of which public notice is required. Failure of a member to regularly attend meetings of the school board so as to constitute chronic absenteeism, as indicated by missing twenty percent (20%) or more of the meetings, shall subject such member to recommendation for removal from the board for neglect to perform official duties as prescribed in Section 1 of this act. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Before February 1 of each year, the president of each local school board shall submit a report to the State Board of Education containing the names of any members of the school board who missed twenty percent (20%) or more of the school board meetings during the preceding calendar year. |
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| 64 | 64 | | |
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| 65 | 65 | | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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