Understand that the board will often seek a recommendation from the administration but may act independently to grant your request if they feel it is valid.

If you resign to accept employment in another state the district and state have no recourse; however, should you plan to work in another Mississippi district there could be possible recourse.

REMOVAL FROM AN ADDITIONAL DUTY, such as coaching, sponsor of cheerleaders or other performing groups has not been seen as a demotion by the courts.

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Many of the “rules” educators had become familiar with under the old “SEPA – School Employment Procedures Act” were changed in 2001 with the new law.

Most significantly are the rights of the employee to reasons and hearing in the first or second year of employment.

Until an educator has been employed for two (2) continuous years in a Mississippi school district and one full year with the school district of current employment they do not meet the criteria defining an “employee” under the new law.

Experienced educators changing districts where they qualify as an employee under this law should seek an initial two-year contract when changing districts as some protection under this new law in the new district.

An employee (as defined in code) who is notified on non-renewal in writing must, within ten days, request, in writing, the specific reasons for the non-renewal, the factual basis for the action, a list of witnesses, and a copy of documentary evidence substantiating the reasons and the opportunity for a hearing before the board (or hearing officer).

You are entitled to representation by counsel (Part E of your MPE coverage) and you must provide the district, five days before the hearing, a response to the specific reasons for non-renewal, a list of witnesses and a copy of documentary evidence in support of the response.

Dates for notification of a non-renewal are: Superintendent by February 1, Principals by March 1.

If the employee is a teacher, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of non-reemployment on or before April 15, or within ten (10) days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later.

Signing the contract binds the employee to render the days of service as stipulated and the district to compensate the employee at the rate stated on the contract or by state regulations.