Walker, 030575 MSAGO, 1975-0006

• Case Date: March 05, 1975
• Court: Mississippi

Representative James H. Walker No. 1975-0006 Mississippi Attorney General Opinions March 5, 1975          Representative James H. Walker          House of Representatives          New Capitol Building          Jackson, Mississippi 39205          Dear Representative Walker:          Attorney General Summer has received your letter of request dated February 27, 1975 and has assigned it to me for research and reply.          In your letter you inquire as follows:

         “I need your opinion and ruling as to whether a man with a Ph.D. degree in Education and who has taught four or five years in an institution of higher learning in the State of Mississippi is qualified to run for the office of County Superintendent of Education.          “I have looked at Section 37-5-73, subsection (2), Mississippi Code of 1972, and find that a person must have four years actual experience as a teacher in some public school in the State of Mississippi or in an administrative position, etc.”

         As indicated in your letter, Section 37-5-73(2), Mississippi Code of 1972, provides, among other things,

         “No person shall be eligible to the office of county superintendent of education unless such person...has no less than four years' actual experience as a teacher, or in an administrative position, in some public school of the State of Mississippi or in a state extending reciprocal licensing of teachers to the State of Mississippi.” (emphasis added)

         I am of the opinion that the term “public school” includes only consolidated school districts, municipal separate school districts, special municipal separate school districts and county school districts and does not include a junior college or institution of higher learning.          Throughout our statutes, when the termpublic schools is used, it is meant to include only our elementary and secondary schools which are contained as legal entities within the aforementioned school districts, i.e., in Section 37-47-3, Mississippi Code of 1972, school district is defined as...