Mississippi Advisory Opinions February 20, 1992: AGO 000005654 (February 20, 1992)

AGO 000005654.

Dear Ms. Hart:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"Can a school board member who has served one term and whose name will be appearing on the November 3, 1992 General Election Ballot be exempted from Section 37-7- 306.

MEANING: Will the candidate need a certificate of completion from the State Department of Education before qualifying to run and will the certificate need to be filed with the circuit clerk's office?

We have a letter from the State Department of Education stating that we should.

Also, does the grandfather clause affect board members already serving or does Section 37-7-306 apply?" Mississippi Code Annotated Section 37-7-306 (Supp. 1991) provides:

"(1) No local school board member selected for a full term of office commencing on or after July 1, 1991, shall exercise the functions of his office or be eligible to take the oath of office unless he has filed in the office of the circuit clerk a certificate of completion of a course of training and education conducted by the School Executive Management Institute of the State Department of Education or a course of training and education approved by the State Board of Education within six (6) months of the beginning of the term for which such school board member is selected. With the exception of a school board member serving on July 1, 1991, no local school board member selected for a full term of office commencing on or after July 1, 1991, shall exercise the functions of his office or be eligible to take the oath of office unless he has a high school education or a GED equivalent.

(2) In addition to meeting the requirements of subsection (1) of this section, after taking office, each school board member shall be required to file annually in the office of the circuit clerk a certificate of completion of a course of continuing education conducted by the School Executive Management Institute or approved by the State Board of Education.

(3) Upon the failure of any local school board member to file with the circuit clerk the certificates of completion as provided in subsections (1) and (2) of this section, such school board member shall be removed from office."

In response to your inquiry, we do not read the above quoted code section to require that an individual comply with the filing requirements set forth therein as a prerequisite to qualifying as a candidate. However, it is our opinion that no member of a local school board beginning a term on or after July 1, 1991, is exempt from the filing requirements pertaining to the certificates of completion set forth in subsections (1) and (2). Therefore, if the individual has not previously filed the required certificate of completion with the circuit clerk, he would be required to do so in order to be eligible to be sworn into office or exercise any functions of the office. The only "grandfather clause" applies to the high school education or GED equivalent requirement.

For your information we are enclosing a copy of an opinion addressed to Dr. Richard L. Thompson, dated October 30, 1991 which addresses the training requirements.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General PC:mfd Enclosure