The Ocean Springs School Board shall have the power and authority to select all school district personnel in the manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the Board.
' 37-7-301 (p) (1993)
The Superintendent of the Ocean Springs School District shall have the power, authority and duty to enter into contracts in the manner provided by law for each assistant superintendent, principal and teacher of the public schools under his/her supervision, after such assistant superintendent, principal and teachers have been selected and approved in the manner provided by law.
' 37-9-14 (2) (a) (1999)
ASSISTANT SUPERINTENDENTS AND PRINCIPALS
No later than February 15 of each year, the Superintendent of each school district, or such other person designated or authorized by the School Board, shall recommend to the School Board thereof the assistant superintendents and principals to be employed for each of the schools of the district except in the case of those assistant superintendents and principals who have been previously employed and who have a contract valid for the ensuing scholastic year. Unless good reason to the contrary exists, the School Board shall approve and authorize the employment of the assistant superintendents and principals so recommended. If, for any reason, the School Board shall decline to approve an assistant superintendent or principal so recommended, the Superintendent or the Board's designee shall make additional recommendations for the place or places to be filled.
When the assistant superintendents and principals of the schools have been recommended and approved as provided in the preceding paragraph, the Superintendent of the school district shall enter into proper contracts with them. At a subsequent meeting he/she shall report same to the School Board and such shall be entered in the minutes.
An interim conservator appointed pursuant to the provisions of Section 37-17-6(14)(a) shall not be required to comply with the time limitations prescribed in this section for recommending and employing assistant superintendents and principals. ' 37-9-15 (1996)
LICENSED AND NON-INSTRUCTIONAL EMPLOYEES
On or before April 1 of each year, the principal of each school shall recommend to the Superintendent of the local school district the licensed employees or non-instructional employees to be employed for the school involved except those licensed employees or non-instructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the Superintendent, the superintendent shall recommend the employment of such licensed employees or non-instructional employees to the local School Board, and, unless good reason to the contrary exists, the Board shall elect the employees so recommended. If, for any reason, the local School Board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the Superintendent and then by the Superintendent to the local School Board as provided above.
The School Board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the Superintendent licensed employees or non-instructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any non-instructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the Superintendent was elected or appointed to office; a non-instructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such non-instructional position with comparable experience, as established by the State Department of Education.
The School Board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or non-instructional employees and to transmit approved recommendations to the local School Board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.
When the licensed employees have been elected as provided in the preceding paragraph, the Superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.
If, at the commencement of the scholastic year, any licensed employee shall present to the Superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from Minimum Education Program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.
' 37-9-17 (2001)
CRIMINAL RECORDS BACKGROUND CHECK / CHILD ABUSE REGISTRY CHECK
Overview of Senate Bill 2658 / ' 37-9-17 (2) (2000)
On May 22, 2000, the Governor signed SB 2658 into law. It provides for an implementation date of July 1, 2000, and mandates the following actions:
1. All new hire licensed and non-licensed employees after the implementation date must have a state child abuse registry check and criminal records background check via fingerprint card.
2. The cards will be forwarded by the school district to the Department of Public Safety who will in turn forward them to the FBI.
3. The district may charge the applicant up to $50.00 or may pay the fee at its discretion.
4. Information obtained via these checks is for employment use only and cannot be disseminated.
5. Applicants are ineligible for employment if checks disclose a guilty plea, conviction, or nolo contendere plea to a felony conviction for:
a. Possession or sale of drugs.
b. Murder, Manslaughter, or Armed Robbery.
c. Rape, Sexual Battery, or sex offense as listed in Section 45-31-3 (1).
d. Child Abuse, Arson, Grand Larceny, or Burglary.
e. Gratification of Lust or Aggravated Assault.
6. If the school district has hired an applicant contingent upon a background check and derogatory information is obtained, that applicant's contract is voidable at the time of the report and the applicant's contract should so state.
7. The School Board may, at its discretion, waive any convictions and hire an applicant with a criminal record based on:
a. Age at commission of the crime.
b. Circumstances surrounding the crime.
c. Length of time and criminal history since the crime.
d. Work history and current employment and character.
e. Other evidence demonstrating the ability of the person to perform the job and does not pose a threat to the health or safety of the school children.
8. No school district or employee may be held liable in an employment discrimination suit involving this statute.
9. The checks are required for new hire personnel (licensed and non-licensed) after July 1, 2000. The school district may hire applicants and let them work contingent upon the successful completion of the criminal background check.
CONVICTION BASED ON ERRONEOUS INFORMATION
In the event an applicant wishes to contest a conviction based on erroneous information the applicant shall appeal the information to the Department of Public Safety. The applicant will show the school board or its designee proof of the corrected record.
NEPOTISM AND CONFLICT OF INTEREST
It shall be illegal for any Superintendent, administrative superintendent, principal or other licensed employee to be elected by the School Board if such Superintendent, administrative superintendent, principal or licensed employee is related within the third degree by blood or marriage according to the common law to a majority of the members of the School Board. No member of the School Board shall vote for any person as a Superintendent, administrative superintendent, principal or licensed employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way. Any contract entered into in violation of the provisions of this section shall be null and void. ' 37-9-21 (1997)
NOTE: In order to be in agreement with statutes related to Nepotism and to Conflict of Interest, please ensure compliance with MS Codes cited above and with Sections 25-4-25 through 25-4-29;
25-4-105; 37-11-25 & 37-11-27; and with Article 4, Section 109 of the MS Constitution.
LEGAL REF.: MS CODE as cited
ADOPTED: 11/08/2005