Mississippi Advisory Opinions July 06, 2018: AGO 2018-00176 (July 06, 2018)

Advisory Opinion Text

Board Attorney

Jackson Public School District

300 West Capitol Street, Suite 200

Jackson, MS 39203

Re: Superintendent Qualifications

Dear Ms. Turner:

Attorney General Jim Hood has received your opinion request and assigned it to me for research and reply.

Issues Presented

According to your request, the Jackson Public School District (“District”) is in the process of selecting a new superintendent and has several questions regarding the applicability of Section 37-9-13 of the Mississippi Code Annotated. You state that the District has “an applicant that currently serves as the “chief of schools” of an out-of-state, public school district.” You then go on to describe this applicant's current job responsibilities and provide a copy of the job description for the chief of schools position. You also state that this applicant “previously served as an “instructional superintendent” in a different, out-of-state school district” and provide a general description of his job responsibilities. With respect to this applicant, you ask:

1) Is this applicant's service as “chief of schools” in an out-of-state school district comparable to that of an “assistant superintendent” such that the applicant is eligible to be employed as a superintendent of schools in a Mississippi public school district?

2) Is this applicant's service as an “instructional superintendent” in an out-of-state school district comparable to that of an “assistant superintendent” such that the applicant is eligible to be employed as a superintendent of schools in a Mississippi public school district?

You then ask about the calculation of the five-year period set by Section 37-9-13(4):

3) Is the 5-year period referenced in Section 37-9-13(4) a fixed period that runs from July 1, 2012 (or June 30, 2012), through June 30, 2017 (or July 1, 2017)? Or, is the 5-year period calculated in some other manner, and if so, how is it to be calculated?

Short Response

In response to your first two questions, the Jackson Public School District has the duty to make the factual determination of whether any particular candidate meets the statutory qualifications to serve as a school district superintendent. Mississippi statutes do not define “assistant superintendent” nor do they address whether out-of-state experience in a job title that is arguably equivalent to an “assistant superintendent” is sufficient. The statutes do, however, authorize the Mississippi Board of Education to issue regulations that will qualify a person to serve as a superintendent without having the direct experience or certification as an educator specified in Section 37-9-13(1). A copy of those detailed regulations is attached. We recommend that you seek guidance from the Mississippi Department of Education in determining whether your candidate meets the statutory requirements or the detailed regulations. You may also wish to consult the FAQs on this topic that the Department has posted on its website at www.mde.k12.ms.us.

In response to your third question, the five-year period should be calculated backward from the anticipated date of hire.

Applicable Law and Analysis

Section 37-9-13(4) creates an exception to the classroom or administrative experience requirements for a person to be eligible to serve as superintendent and specifically provides: “The provisions of this section shall be applicable to any superintendent of schools selected on or after July 1, 2017 who has not previously served as a superintendent or assistant superintendent within the last five (5) years.” (Emphasis added.)

As discussed in MS AG Op., Garner (April 20, 2018 ), “assistant superintendent” is not statutorily defined. Whether a candidate from a Mississippi public school district has the requisite prior experience as an assistant superintendent can be determined by looking at his prior employment contract. Id. However, the statute is silent on whether the exception in Section 37-9-13(4) would apply to an out-of-state candidate with a job description that is arguably equivalent to an assistant superintendent in Mississippi but who did not hold the title of “superintendent” or “assistant superintendent.”

The State Board of Education has the authority to issue standards for educator certification and licensure in accordance with Section 37-3-2 and regulations regarding credentials and prerequisites “that will qualify a person to serve as a superintendent without having the direct experience or certification as an educator specified in [Section 37-9-13(1)].” Miss. Code Ann. Section 37-9-13(3)(as amended). Whether an out-of-state candidate's experience is equivalent to that of an assistant superintendent in Mississippi is a factual question on which our office cannot opine. We have enclosed a copy of these regulations and suggest that you contact the Mississippi Department of Education for further guidance on Questions 1 and 2.

In response to Question 3, it is the opinion of this office that the five year period in Section 37-9-13(4) should be calculated based on the anticipated date of hire. Section 37-9-13(4) refers to any superintendent selected on or after July 1, 2017, who has served as a superintendent or assistant superintendent within the last five years and does not specify a fixed period for the exception to apply. Thus, for example, if a school district hires a superintendent on January 1, 2019, any experience gained between January 1, 2014 and January 1, 2019 would count toward the exception in Section 37-9-13(4).

If we may be of further service, please let us know.

Very truly yours,

JIM HOOD, ATTORNEY GENERAL.

Beebe Garrard Special Assistant Attorney General