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 Ocean Springs 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 School Board, and, unless good reason to the contrary exists, the Board shall elect the employees so recommended.  If, for any reason, the 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 School Board as provided above.

PERSONNEL SUPERVISOR

The School Board of Ocean Springs School District shall be authorized to designate a personnel supervisor employed by the Ocean Springs 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 School District.  Any non-instructional employee employed upon the recommendation of a personnel supervisor employed by the School District must have been employed by the School District at the time the Superintendent was 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 the Ocean Springs School District is authorized to designate a personnel supervisor employed by the Ocean Springs 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 School Board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the 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)

LEGAL RULING 

Plaintiff who was never recommended to the School Board by the Superintendent and not hired by the Board pursuant to any recommendation has no enforceable rights against the School Board for its refusal to honor an employment contract the plaintiff signed as career awareness counselor, since the instrument which was tendered by the Superintendent never ripened into an enforceable contract without Board approval. 

LEGAL REF.: MS CODE as cited 

                  Jones v Birdsong (1980, ND Miss.) 350 F Supp 221

ADOPTED:    02/14/2006