2011 March-April Update

Volume 39, No. 5 / March 2011

10 Nine school districts earned the MSBA WCT’s Safety Award for keeping employees

safe and losses down in the 2009-10 school year.

6 Presentations to the top boards and board members at MSBA’s 39th Annual Conference for their

outstanding efforts to refine their school governance skills in 2009-10 are captured in photos.

3Greenwood Algebra Teacher Birdette Hughey is Mississippi’s 2011 Teacher of the Year. Hughey’s

selection was announced at a MDE-sponsored luncheon on March 11.

Have you registered yet for the May 2-3 Legislative Update and School Law Review, sponsored by MSBA and the MSBA Council of School Board Attorneys? Your attendance is certainly

important as school districts gear up for what some predict will be one of the toughest education budget years to date. School leaders will

gain insight about decisions of lawmakers in the 2011 Mississippi Legislature, recent court rulings locally and nationally, and federal

regulations. Additionally, the outcome of the November elec-tions this year is sure to play a part in what Mississippi school leaders can expect. The MSBA Annual Legislative Update & School Law Review offers the insight board members, super-intendents and board attorneys need to strategically plan for the next year and beyond. The Early Bird on May 2 provides a review on Executive Sessions, Parliamentary Procedures, and the Open Meetings Law, while examining Technology and Remote Board Meeting Participation via Skype and

other technologies. The presenters are MSBA General Counsel Jim Keith, Senior Partner of Adams and Reese, LLP; Tom Hood, Executive Director of the Mississippi Ethics Commission; and, Michael W. Waldrop, Ph.D., MSBA Executive Direc-tor. Board members can earn up to nine continuing education hours by attending the May 2 Early Bird and the Legislative Update / School Law Review on May 3. Attorneys can earn six hours of CLE credit for the May 3 session only. Get more information and register for this annual meeting at www.msbaonline.org or call MSBA toll free, 888-367-6722.

Beard, Nelson Shepherd candidates for NSBA, COSA Boards

MSBA Vice President / Laurel School Board Member Miranda Beard (above left) is in the running to represent the Southern Region on the NSBA Board of Directors. The NSBA Nominating Committee selected Beard as a candidate for the position. The Laurel board member is employed as assistant News Content Director at WDAM television in Hattiesburg. She is currently unopposed for the position, which will be decided by the NSBA Delegate Assembly at the NSBA Annual Conference in San Francisco in early April.

Another Mississippian, Jackson Public School District Attorney / newly elected CSBA president JoAnne Nelson Shepherd (above right) has been included on the slate of nominees to serve a two-year term on the NSBA Council of School Attorneys (COSA)Board of Directors. COSA, an organization designed exclusively for attorneys who specialize in school and education law, also will have its election in April during the NSBA meeting.

Dr. E. Harold Fisher, left, received MSBA’s coveted “Friend of MSBA” award during the 39th Annual Conference in February. Fisher, a former longtime school board member and the only Mississippian to serve as president of the National School Boards Association, has been an avid MSBA supporter throughout the years.

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The Update is published bimonthly as a resource for school board members and admin-

istrators throughout Mississippi, designed to keep them abreast of issues affecting education locally, nationally and internationally. Com-

ments and suggestions are welcomed.

Michael W. Waldrop, Ph.D.Executive Director

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Denotris JacksonDirector, Center for Board Development

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(601) 924-2001 • Fax: (601) 924-2003 • Toll Free: (888) 367-6722www.msbaonline.org

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MISSIONThe mission of the Mississippi School Boards Association is to ensure qual-ity school board performance through advocacy, technical assistance, board development and information dissemi-nation.

CORE VALUESAt MSBA, we are:

• Honest• Promise Keepers• Membership Service Focused• Seekers of Perfection

Some news items in this issue may have been taken in part or in whole from

resources outside MSBA’s organization. Regular columns in this newsletter from

outside resources include: • Technicalities, compiled from a news-

letter of the same name published by State Auditor Stacey Pickering’s Office;

• AG’s Opinions, from Attorney General Jim Hood’s Office; and,

• Ethics Opinions, from the Mississippi Ethics Commission - Tom Hood,

Executive Director.

Additionally, information in this issue about school district honors not pre-sented by MSBA or about exemplary

school district programs is likely from the districts or from the

Mississippi Department of Education.

Birdette Hughey, an Algebra I teacher in the Greenwood School District, was named the 2011 Mississippi Teacher of

the Year at a March 11 luncheon in Jackson. A former Teach for America program participant, Hughey has a MBA degree and spent a number of years in sales and training before entering the classroom. At Greenwood High School, the Algebra teacher also is a sponsor for the Distinguished Ladies of Maroon and White, a service organization for female students, and coaches the school’s female Cross Country and Track & Field teams. The Teacher of the Year program, sponsored by the Mississippi Department of Edu-cation and the Mississippi Teacher Center (MSTC), recognizes outstanding educa-tors from across the state who emerge from district-wide competitions resulting in the selection of four congressional finalists -- from which the Teacher of the Year is named. As Mississippi’s Teacher of the Year, Hughey will receive a one-time $5,000 salary supplement approved by the Mississippi Legislature and represent Missis-sippi in the National Teacher of the Year competition. She will participate in a Rose Garden recognition ceremony at the White House this summer, where she will meet President Barack and First Lady Michelle Obama.

The 2011 Mississippi Alternate Teacher of the Year is Dr. Judy Dalgo, a Nationally Board Certified Allied Health teacher in the Ocean Springs School District. Other finalists are Rita Hill of Pontotoc City Schools, a Nationally Board Certified Special Education teacher at Pontotoc Junior High School; and, R. J. Morgan, a journalism and world history teacher in the Starkville School District.

MSBA congratulates Hughey and other finalists. Kudos to the Greenwood School District, including to board members Barbara Gray (chair), Anjuan Brown, Jimmy Carter, Lora Evans and Elizabeth Powers, as well as Supt. Margie Pulley.

Greenwood Teachernamed 2011 TOY

State Supt. Tom Burnham and Hughey

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Technicalities from the State Auditor’s OfficePolicy References, where applicable, are in blue.

What is the statute that addresses the use of a purchasing agent by a school district?Section 37-39-15(1) states, “In connection with the purchase of necessary supplies or equipment for the conduct of regular school operations, school boards may, in their discretion, designate as their purchasing agent or agents such school official or officials as they see fit and may authorize such agent or agents to make purchases of supplies and equipment subject to competitive bid requirements in Sections 31-7-1 et seq., Mississippi Code of 1972.” DH, DJE, DJEA Is a school district purchasing agent required to have a surety bond?Yes. Section 37-39-21 states, “The purchasing agent of any school district, before entering upon his official duties in such capacity, shall furnish a good and sufficient surety bond in the penal sum of Fifty Thousand Dollars ($50,000), with sufficient surety. Such bond shall be payable, conditioned and approved in the manner pro-vided by law, and shall be filed and recorded in the office of the clerk of the chan-cery court in which the school district in located. The premium on said bond shall be paid out of the school district’s maintenance fund.” DH, DJEA Are joint purchases of supplies and services by school boards of public school districts authorized?Pursuant to Section 37-39-23, such joint purchases are allowed. Section 37-39-23 states, “The school boards of all public school districts may, in their discretion, enter into an agreement, not inconsistent with the provisions of this chapter, to act jointly in the purchase of maintenance, operational and scholastic services, supplies and materials and equipment. It is the purpose of this section to enable the school systems to achieve economies of scale through increased purchasing power to the end that the education tax revenues be utilized efficiently.” What action is required of a school board that chooses to participate in joint purchases?Pursuant to Section 37-39-25(1), the school boards which choose to act jointly as authorized by Section 37-39-23 shall adopt resolutions to that effect which shall be recorded on the minutes of the school boards and copies of which shall be filed with the clerk of the chancery court of the county in which such school districts are located.

May public funds be used to pay for future services or bonuses?No. Payments in which there is no pre-existing obligation to make the payments with public funds, as in the case of bonuses, or in which payments with public funds are made for future services that have not been provided at the time the pay-ments are made, as in the case of donations, are considered unlawful, in accordance with Mississippi Constitution Article IV, Sections 66 and 96. DJE, DJED, DJEG Are surety bonds of public officials and employees required to be made payable to the state?Yes. Under Section 25-1-17, the bonds which secure public funds must be pay-able to the state. There is no statutory authority to have bonds securing the faithful performance of public officials or employees payable to any other entity or person other than the state. DH4

Bean to serve on NSBA Elections Committee

National School Boards Association (NSBA) President Earl C. Rick-man, III has appointed MSBA Immediate Past President Lygunnah Bean to serve on the

five-member Elections Committee for the Delgate Assembly convening during NSBA’s Annual Conference in San Francisco in April. The Elec-tions Committee will meet initially on April 8 and will make determinations as needed regarding election questions or concerns.

7th Annual AABC Conference May 3-4

School district administrative assistants, board clerks, secretaries and others who work with school boards are invited to the Seventh Annual AABC (Administrative Assistants / Board Clerks) Conference at the Hilton Hotel May 3-4. As usual, the conference provides an opportunity for these professionals to explore the latest strategies for working efficiently with boards, as well as examine the issues and laws affecting their work. An Early Bird Session set for 3 p.m. - 6 p.m. Tuesday, May 3 will feature Attorney Jim Keith, MSBA Executive Director Michael W. Waldrop and former MSBA Director of Board Development B. Anne Lovelady.

Wednesday’s sessions include an array of topics such as Technology in the Boardroom, Media Survival Skills, and, When Every Hour is a Rush Hour.

The conference concludes with the AABC Appreciation Luncheon.

Visit the MSBA website, www.msbaonline.org for registration and more information.

Legislative Update PreviewMSBA continues to stay abreast of the deliberations of legislators during the 2011 Session of the Mississippi Legislature. You can find the latest information about what is going on at MSBA’s website, www.msbaonline.org, under “Legislative Reports” at the right of your screen.

The upcoming Legislative Update/School Law Review on May 2-3 in Jackson will provide detailed insight regarding lawmakers’ actions in the 2011 Mississippi Legislature, including decisions on the bills below: HOUSE BILL 999Amends 37-13-171 to require each school board to adopt a sex-related education policy to implement abstinence-only or abstinence-plus education into its curriculum by June 30, 2012, or, the local school board has the option to adopt the program developed by the Mississippi Department of Human Services and the Department of Health. Approved by Governor 3/16/11; Effective July 1, 2011

HOUSE BILL 1156Addresses additional exemptions from the requirement that schools be in session for a minimum of 180 days. Approved by Governor 2/24/11

HOUSE BILL 1178Amends 37-13-92 (1) (d) to expand the category and placement of students that may be enrolled in an Alternative School.Approved by Governor 3/16/11; Effective July 1, 2011

SENATE BILL 2289Imposes fines for violation of the Open Meetings Laws up to $500 for first offense and $1,000 for the second and subsequent offenses. In addition, the fine for denial of requests for public records is set at $100. Approved by Governor 2/24/11, Effective July 1, 2011

IN CONFERENCE:HOUSE BILL 641Establishes specific grounds for revocation or suspension of educator license for sexual misconduct, clarifies reciprocity for issuing a standard license, amends the legal duty for the superintendent to report sexual misconduct of an employee involving students and provides criminal penalties for failure to report such incidences. Effective July 1, 2011, if concurrence reached (applies to all bills in this section)

HOUSE BILL 1494Provides funding for K12 education including the Mississippi Adequate Education Program. The bill passed the House with level funding for MAEP that is $232 million below full funding and approximately $25.5 million above the Legislative Budget Recommendation, to cover the $16.3 million increase in state retirement and other programs.

SENATE BILL 2547Amends Section 27-39-207 to state that if the school district estimates no change in the ad valorem tax millage rate or a decrease in the ad valorem tax millage rate, no advertisement is required.

SENATE BILL 2869Revises and clarifies the provisions relating to dual enrolled and dual credit students. 5

Congratulations...

Congratulations to the school boards and individual school board members recognized during the Wednesday, February 23 "Celebration Luncheon,” held at MSBA’s

recent 39th Annual Conference in Jackson. Board members and whole boards were honored in the MSBA Center for Board Development’s Honors Program for their efforts to refine their school governance skills in

the 2009-2010 school year. State law requires board members to earn at least six continuing education credits annually after completing the 12-hour Basic Course. The highest whole board and individual board member award presentations are pictured on the next two pages. Photos of other recognitions are available on the MSBA website, www.msbaonline.org. Select the “Conferences” drop-down menu at the top of your screen and click on “Awards Photo Gallery.”

Mortar Board Honor AwardThe Hancock County School District was presented the Mortar Board Award, the highest recognition in the MSBA Board Honors Program. Pictured with MSBA President Marian Barksdale (center) are (from left) Hancock County school board members Wil-liam Thomas, Pattie Stennett, Rose Acker and Supt. Alan Dedeaux.

Gavel Circle Honor AwardThe Quitman County School District received the Gavel Award. Pictured with MSBA President Marian Barksdale are board members Mary She-gog (seated); (standing, from left) Rosie Anderson and Leroy Matthews; Supt. Valmadge Towner and board members Lillie Davis and Mary Towner.

2 Awards for Western Line SchoolsThe Western Line School District received both the Diploma Circle Honor Award and the Red Apple Attendance Award. Pictured with MSBA President Marian Barksdale are (front row, from left) board member Jamelda Fulton, Supt. Larry Green, board

president Clarence Hall, Jr., board members Dot Gilder; (back row) Dorothy Montgomery, Ruby Slade and Owen Makamson.

New Board Members: Basic Course April 15New school board members will have two more op-portunities this school year to take the state-required 12-hour Basic Course. The two-day sessions begin at 8:00 a.m. Friday, April 15 in the B. C. Rogers Student Center at Missis-sippi College in Clinton and continue to 5:30 p.m. The coursework continues Saturday, April 16, from 8: a.m. - 12:30 p.m. Board members can sign up on-line for the free course. The only other offering of the Basic Course for this school year will be the June 24-25 sessions at the Quissenberry Library in Clinton. For more information, contact Denotris Jackson or April Mills at MSBA, toll free at 888-367-6722.

Earning Continuing Education Credit

School board members are required by state law to earn six hours of training annually, after the 12-hour Basic Course. Board members can earn the credit by attending events including the upcoming May 2-3 Legislative Update & School Law Review as well as by enrolling in the two regional courses offered by MSBA. Board members will be able to take both of the 3-hour courses — Team Building and Data First for Governance — on Saturday, April 30 in Tupelo and on Saturday, June 18 in Clinton.

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The John L. Hartman Memo-rial Award — named in honor of former MSBA Executive Director, the late John L. Hart-man — recognizes board mem-bers who complete all MSBA-approved board training hours. The board members pictured here earned 45 hours of MSBA training during 2009-10: (top row, from left) Cheryl Over-ton, Lester Walker and Evelyn Murray - Leland; (second row) Clarence Hall - Western Line; and, Marilyn Young - Tunica County.

John L. Hartman Memorial Award Winners

Western Line School Dis-trict Superintendent Larry Green earned the distinction of being the superintendent in the state with the highest number of MSBA-approved training hours, routinely accompanying his board members to MSBA approved training events. He earned 45 credit hours for 2009-10.

Board Member for 35 years or more? MSBA wants to give special recognition to board mem-bers who have served their districts for 35 years or more. Know someone? Email April Mills, [email protected] or call 888-367-6722 toll free.

Clickin’...Thanks to vendor Gulf South Infrasystems, MSBA was able to use technology to gain instant feedback from Mississippi school leaders during the February Annual Conference regarding various aspects of the association’s services and operations. Participants in the audience used “clickers” to provide their response to survey questions. The results immediately popped up on the screen and included very colorful graphic analyses. What did school leaders have to say? Look for a complete report in an upcoming issue of the Update.

One Stop: www.msbaonline.org

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Dr. E. Harold Fisher, second from right, was recognized with well deserved appre-ciation at the March meeting of the MSBA Workers’ Compensation Board of Trustees, where he formally retired from the board. Participating in the presentation were (from left) MSBA Risk Management Spe-cialist Amy McIntosh, Insurance Program Manager Anissa Young, and Executive Director Michael W. Waldrop. Dr. Fisher has served as chairman of the WCT board since its inception 18 years ago.

WCT Safety AwardsSchool leaders pictured below represent districts recognized by the MSBA Workers’ Compensation Trust for outstanding employee safety records. Presentations were made during the reception at the MSBA Annual Conference in February.

Grenada Leflore County Newton County

Pontotoc County Quitman Municipal Shaw

Tunica County Webster County West Bolivar

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OFFICERSPRESIDENT

Marian BarksdaleOxford

VICE PRESIDENTMiranda Beard

Laurel

SECRETARY-TREASURERBobby GaultNew Albany

IMMEDIATE PAST PRESIDENT

Lygunnah BeanSouth Panola

DIRECTORSDISTRICT 1 (2009-2011)

David DuncanSouth Tippah

Stephen DoddDeSoto County

Tommy PrudeColumbus Municipal

DISTRICT 2 (2010-2012)

Tommie CardinClinton

William KindardCoahoma County

Demetric WarrenHollandale

DISTRICT 3 (2009-2011)

Barbara JonesLauderdale County

Sondra OdomPearl

Etta TaplinNorth Pike

DISTRICT 4 (2010-2012)Steve Conner

Quitman

Patricia StennetHancock County

James StubbsLong Beach

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Glenda BarrettNewton County

Gary GoldenPontotoc City

Jerome HafterGreenville

Dr. Lucius LamptonSouth Pike*Serve during the MSBA President’s one-year term of office.

2011 March-April Update

Documents

Transcript of 2011 March-April Update