Mississippi Advisory Opinions May 07, 1982: AGO 000002955 (May 7, 1982)

AGO 000002955.

Dear Mr. Trapp:

Attorney General Allain has received your letter of request dat- ed April 23, 1982, and has assigned it to me for research and reply. Your inquiry states as follows:

This firm presently represents the Alcorn County Bo- ard of Education and would like to solicit from you an opinion. We are particularly interested in Sec- tion 37-5-73 of the Mississippi Code Annotated (19- 72) and its interpretation and construction as it applies to the following questions:

(1) Can a certificate of eligibility be issued by the State Department of Education declaring one to be eli- gible to run as a candidate for the office of County su- perintendent of Education if, at the time that the certi- ficate is requested the individual has "less than four years actual experience as a teacher or in an administra- tive position in some public school in the State of Mis- sissippi, or of a state extending reciprocal licensing of teachers to the state of Mississippi?"

(2) Can the election commissioners of a county place the name of an individual on the ballot, if at the time that individual's name is placed on the ballot, the in- dividual does not have a certificate of eligibility as issued by the state Department of Education?

The specific situation that is contemplated by the forego- ing questions could conceivably arise when an individual has less than four years experience teaching as of August of an election year, but will have four or more years of experience by the time the individual takes office (assum- ing the individual continuously works as a public school teacher from August through December 31 of the subject year)

Mississippi Code Ann. Section37-5-73 (2) (1972) provides as follows:

No person shall be eligible to the office of county superin- tendent of education unless such person shall hold a certi- ficate to be issued by the state department of education cer- tifying that he holds a bachelor's degree and also that he shall hold, or be eligible to secure, a Class A certificate as defined in the rules and regulations of the state depart- ment of education covering the certification of instructional personnel, awarded by an institution approved by the state de- partment of education, and that he has not less than four years' actual experience as a teacher, or in an administrative posi- tion, in some public school of the State of Mississippi or of a state extending reciprocal licensing of teachers to the Sta- te of Mississippi. It shall be unlawful for the election com- missioners of any county to place the name of any person upon the ballot as a candidate for county superintendent of educa- tion who does not qualify under the terms of this subsection, and, in counties wherein such office is appointive, it shall be unlawful for the county board of education to appoint a person to such office who does not qualify under the terms of this subsection.

This statute specifically mandates that no person shall be eli- gible as a candidate for the office of county superintendent of education unless the State Department of Education certifies a- mong other things that the individual has "not less than four years' actual experience" in the designated positions. There- fore, a person with less than four years actual experience in these positions could not be certified under this statute.

In response to your second inquiry, this statute again specifi- cally prohibits county election commissioners from placing the name of any person upon the ballot as a candidate for county su- perintendent of education who does not qualify under the terms of this statute.

If this office can be of benefit in the future, please do not hesitate to contact us.

Sincerely,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Susan L. Runnels Special Assistant Attorney General

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