K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - Mississippi

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The chief executive power of this State shall be vested in a governor.

The governor shall see that laws are faithfully executed.

Every bill which shall pass both houses shall be presented to the governor. If he approves, he will sign it. If not, he will return it to the house of origin.

The governor may veto parts of any appropriation bill, and approve parts of the same.
What is the appointment authority provided to the governor in education? The governor appoints five of nine state board of education members with the advice and consent of the senate.
Are the governor’s duties and powers and found in the state constitution? No
Are the governor’s duties and powers and found in the state statute? Yes
Citation MS Const. Art. 5, § 116
MS Const. Art. 5, § 123
MS Const. Art. 4, § 72
MS Const. Art. 4, § 73
Miss. Code Ann. § 37-1-1
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power of this state shall be vested in a legislature which shall consist of a senate and a house of representatives.

The legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the legislature may prescribe.

The legislature shall by general law prescribe the compensation which members of the board shall be entitled to receive.
What is the appointment or confirmation authority of the legislature in education? The speaker of the house of representatives shall appoint two state board of education members from the state at large.

The senate provides advice and consent for all state board of education appointments and the appointment of the superintendent of public instruction.
Which committees in the legislature have jurisdiction over education issues? House:
Education

Senate:
Education
Constitutional? Yes
Statutory? Yes
Citations MS Const. Art. 4, § 33
MS Const. Art. 8, § 201
MS Const. Art. 8, § 203
Miss. Code Ann. § 37-1-1
MS Const. Art. 8, § 202
Miss. Code Ann. § 37-3-9
Chief State School Officer
What are the duties of the chief state officer? The superintendent of public education shall be the chief administrative officer for the state department of education and shall administer the department in accordance with the policies established by the state board of education.

Additionally, the superintendent serves as secretary for the state board of education.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The superintendent of public instruction recommends rules and regulations for the supervision of the public schools to the state board.

The superintendent may also keep a complete record of all official acts of the superintendent and the state board of education.

Additionally, the superintendent must meet all superintendents annually for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state.

The superintendent is required to advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent, to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws.
How is the chief state school officer selected? The superintendent of public instruction is appointed by the state board of education with the advice and consent of the senate.
Constitutional? Yes
Statutory? Yes
Citation Miss. Code Ann. § 37-3-9
Miss. Code Ann. § 37-3-11
MS Const. Art. 8, § 202
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education shall adopt rules and regulations and set standards and policies for the organization, operation, management, planning, budgeting and programs of the state department of education.

The board is directed to identify, maintain, and provide the necessary organizational structure for department of education to perform its duties.

The board must maintain a system-wide plan of performance, policy and directions of public education not otherwise provided for.

The board shall adopt and maintain a curriculum and a course of study to be used in the public school districts that is designed to prepare the state's children and youth to be productive.

The state board shall develop personal living and finance objectives for appropriate, existing courses at the secondary level.
What is the composition of the state board of education? The state board of education consists of one member who is a resident of the Third Supreme Court District, one member who shall be a resident of the First Supreme Court District, one member who shall be a resident of the Second Supreme Court District, one member who shall be employed on an active and full-time basis as a school administrator, and one member who shall be employed on an active full-time basis as a schoolteacher. There are an additional four members selected from the state at-large.
How are members of the state board of education selected? Five members of the state board of education are appointed by the governor, two at-large members are appointed by the lieutenant governor, and two at-large members are selected by the speaker of the house of representatives. All appointments are made with the advice and consent of the senate.
Constitutional? Yes
Statutory? Yes
Citation Miss. Code Ann. § 37-1-3
Miss. Code Ann. § 37-1-1
MS Const. Art. 8, § 203
Executive-Level Secretary
Does the state have an executive-level secretary? The state superintendent of public education shall serve as secretary to the state board of education.
What other duties does the executive-level secretary have? N/A
Constitutional? No
Statutory? Yes
Citation Miss. Code Ann. § 37-3-11

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