Mississippi Advisory Opinions May 26, 1993: AGO 000006774 (May 26, 1993)

AGO 000006774.

Dear Mr. Jones & Ms. Spencer:

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

Your letter states:

"Please inform us in writing whether or not it is legal for an elector who has not finished high school nor has the GED to become a candidate in special election to fill the vacancy that was created by the death of a board of education member who also didn't possess a high school education nor the GED at the time of his death.

The unexpired term of the deceased member of the board of education is 2 years and approximately 7 months.

The vacancy occurred April 16, 1993, the date of the death of the member of the Noxubee School Board.

The Noxubee School Board is not able to reach an agreement on a replacement to fill the vacancy.

Therefore two members of the board are requesting the Noxubee County Election Commission to declare a special election to fill the vacancy."

Mississippi Code Annotated Section 37-7-306 (Supp. 1992) 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."

The specific language of subsection (1) of the above quoted statute provides that the prerequisite requirement of a high school education or a GED equivalent only applies to individuals selected for a full term. Therefore, in response to your question, it is our opinion that an individual elected to serve only the remainder of a term is not subject to said requirement.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Assistant Attorney General

PC:mfd