Mississippi Advisory Opinions February 06, 1979: 19790206 (February 06, 1979)

Advisory Opinion Text

Mr. Larry Olin Ridge

Post Office Box 239

Ripley, Mississippi 38663

Dear Mr. Ridge:

Attorney General Summer has received your letter of request and has assigned it to me for reply.

In your letter you state that the Department of Education has informed you that you do not qualify for County Superintendent of Education because of lack of teaching experience. You further state, among other things, that you have two years teaching experience and ask that we ‘advise . . . on this matter.’

As a matter of information for your consideration, Section 37–5–73, Mississippi Code of 1972, sets forth the qualifications of county superintendent of education. Enclosed is a copy of this section of law with underlining of appropriate phrases relating to experience requirements.

Very truly yours,

A. F. Summer, Attorney General.

George M. Swindoll Assistant Attorney General.

ATTACHMENT

§ 37–5–73. Qualifications of superintendent.

(1) Before anyone shall be eligible to hold by election the office of county superintendent of education he shall be a qualified elector and a citizen of the state for four years, and of the county for two years immediately preceding his election. In counties where the office of county superintendent of education is made appointive, the said county superintendent shall not be a public officer per se, and in the discretion of the county board of education and for good cause set forth on its minutes, such appointive county superintendent need not be a qualified elector or a citizen of the State of Mississippi on the date of his employment; the term of his employment shall be by written contract not to exceed four years.

(2) No person shall be eligible to the office of county superintendent of education unless such person shall hold a certificate to be issued by the state department of education certifying 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 department of education covering the certification of instructional personnel, awarded by an institution approved by the state department of education, and that he has not less than four years' actual experience as a teacher, or in an administrative position, in some public school of the State of Mississippi or of a state extending reciprocal licensing of teachers to the State of Mississippi. It shall be unlawful for the election commissioners of any county to place the name of any person upon the ballot as a candidate for county superintendent of education 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.

SOURCES: Codes, 1942, §§ 6271–08, 6271–09; Laws, 1953, Ex Sess ch. 10, §§ 8, 9; 1957, Ex Sess ch. 14; 1962, chs. 344, 345, 346; 1966, ch. 406, § 1; 1968, ch. 384, § 1; ch. 398, § 1; 1970, ch. 372, § 1, eff from and after passage (approved April 1, 1970).