Bill

Bill > HB817


MS HB817

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


summary

Introduced
01/16/2025
In Committee
01/16/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill establishes a comprehensive procedure for removing school board members in Mississippi for various forms of misconduct or poor performance. The bill defines specific grounds for removal, including malfeasance (intentional unlawful conduct), misfeasance (improper execution of duties), nonfeasance (failure to perform legal duties), breach of public trust, and abuse of authority. The removal process begins with an official recommendation from the local school board, which is then reviewed by the local governing authority. The accused board member receives a summons and has 30 days to respond to the allegations. If the local governing authority finds substantial evidence of misconduct, a hearing will be scheduled where both parties can present testimony and cross-examine witnesses. The proceeding requires a majority vote to remove the board member, and the accused has the right to appeal through the circuit court and potentially the Mississippi Supreme Court. Additionally, the bill amends existing law to specify that chronic absenteeism (missing 20% or more of board meetings) can be grounds for removal and requires the school board president to report such absences to the State Board of Education. The bill will take effect on July 1, 2025, providing a clear, structured process for addressing potential misconduct by school board members while ensuring due process protections.

Committee Categories

Education

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

bill text


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