Petition of 2,952 Registered Voters

574 So. 2d 619
CourtMississippi Supreme Court
DecidedDecember 12, 1990
Docket89-CA-1059
StatusPublished
Cited by2 cases

This text of 574 So. 2d 619 (Petition of 2,952 Registered Voters) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petition of 2,952 Registered Voters, 574 So. 2d 619 (Mich. 1990).

Opinion

574 So.2d 619 (1990)

In the Matter of the Petition of 2,952 REGISTERED VOTERS OF WAYNE COUNTY, Mississippi, IN OPPOSITION TO REORGANIZATION OF the WAYNE COUNTY SCHOOL DISTRICT.
CITIZENS INVOLVED VOLUNTARILY IN CONSOLIDATION (CIVIC)
v.
WAYNE COUNTY BOARD OF EDUCATION.

No. 89-CA-1059.

Supreme Court of Mississippi.

December 12, 1990.

*620 Gregory L. Gore, Hattiesburg, for appellant.

Stanford Young, Waynesboro, for appellee.

Before DAN M. LEE, P.J., and ROBERTSON and ANDERSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This case presents important questions concerning the authority of a public school board to consolidate schools within its district and to reassign students en masse. The matter calls for a sensitive interpretation of provisions of the Uniform School Law of 1986.

What has happened is that the county school board has decreed that all students in grades ten through twelve, until 1989, attending four separate schools, should thereafter attend a single high school. The Circuit Court held that the school board had not thus "reorganized" the district but had acted well within its authority. We affirm.

II.

In 1953, the legislature abolished all school districts as they had theretofore existed, Miss. Laws, ch. 12, § 1 (Ex Sess. 1953), and in the same enactment provided how new districts might be reorganized and reconstituted. Wayne County organized a county unit public school system and established schools at four locations around the county: Waynesboro, Buckatunna, Clara, and Beat Four. In each school the county offered public education, elementary school through high school, grades one through twelve. For the next thirty-six years, the Wayne County Board of Education operated these four schools.

Over time, changes in demographics, levels of enrollment, availability of qualified teachers, financial resources, and, more generally, the evolving realities of public education in an essentially rural area led the Board to rethink matters. The Board looked at the high school level, grades ten through twelve, and found unnecessary duplication of courses and programs within the district, that there were many courses offered which only a handful of students attended, one class having as few as three students while others having no more than six. Deciding that something had to be done, the Board of Education, on April 10, 1989, entered the following order:

On motion by Mr. Odom seconded by Mr. Pryor, an order was passed to designate Waynesboro Central High School as the school where grades 10 through 12 shall be taught for all students attending the public schools of the Wayne County School District at the beginning of the 1989-90 school year, pursuant to authority contained in 37-7-301, 37-7-311, and 37-7-315 of the Mississippi Code, Annotated, 1972, as amended.

Each of the five members of the Board of Education voted "Aye."

As required by law, the plan was submitted to the State Board of Education for its consideration, and, on April 21, 1989, the State Board formally approved

Transfer Grades 10-12 from Beat Four Attendance Center, Buckatunna Attendance Center, and Clara Attendance Center to Waynesboro Central High School.

The State Superintendent of Education advised the district of this action by letter, in which he concluded

I want to commend you and the members of the Wayne County Board of Education *621 for your foresight in establishing one high school for your system. I truly believe that this action will result in a more efficient operation and a broadened curriculum for your students.

Many who lived in the more rural parts of Wayne County were not similarly impressed. They formed a voluntary association and took the name Citizens Involved Voluntarily In Consolidation whose acronym is CIVIC. In short order, CIVIC presented the School Board a petition signed by 2,952 qualified registered voters of Wayne County — 22.99 percent of those in the county — objecting to the consolidation and demanding a referendum election. CIVIC claimed that the proposed consolidation was a "reorganization of the school district" within Miss. Code Ann. § 37-7-105 (Supp. 1988).[1] For matters within its coverage, the statute requires a public referendum election upon petition of twenty (20%) percent of the school district's qualified electors.

On June 17, 1989, the Board formally considered CIVIC's petition and denied it, reasoning that the consolidation of the four high schools into one was not the "reorganiz[ation of] a school district" within Section 37-7-105, in consequence of which the statute's petition and referendum procedures did not apply. The Board proceeded apace with its plans, and on June 29, 1989, accepted bids for construction of a new wing to the existing facilities at Waynesboro Central High School to provide for the enlarged attendance the consolidation would visit upon that school.

Undaunted, CIVIC pressed forward and, on July 20, 1989, commenced the present action in the Circuit Court of Wayne County, Mississippi, naming as defendant the Wayne County Board of Education. CIVIC sought a writ of mandamus to the Board, directing that it accept Section 37-7-105 coverage and order a public election on the proposed consolidation. In addition and in the alternative, CIVIC pled for preliminary and permanent injunctive relief that the Board call the election and withhold construction, improvement of facilities or other aspects of the consolidation plan pending the election.

The Board answered and moved for summary judgment. The matter was promptly brought to the attention of the Circuit *622 Court which, on August 21, 1989, released an opinion granting the Board's motion and dismissing the complaint. The Court held that the Board of Education had authority to effect the consolidation by virtue of Miss. Code Ann. § 37-7-311 (Supp. 1988).[2] The Court further held that Section 37-7-105 covered only the reorganization of the geographical or territorial boundaries of the school district and had no application to large-scale pupil transfers incident to a consolidation within the theretofore existing district boundaries.

CIVIC now appeals to this Court. The consolidation has been accomplished; no court has ordered any stay pending appeal.

III.

CIVIC urges that the Circuit Court erred in its reading of the statutes. That Court treated the question as one of law and particularly of statutory interpretation and was correct in this regard. Because of this, we treat the judgment below as though the Court had dismissed the complaint for failure to state a claim upon which relief may be granted. Miss.R. Civ.P. 12(b)(6); Walton v. Bourgeois, 512 So.2d 698, 699-700 (Miss. 1987); Millican v. Turner, 503 So.2d 289, 292 (Miss. 1987).

We accept without hesitation that, however desirable changes in educational services and systems may be, school boards may make them only as provided by law. School boards have no powers that they may not exercise consistent with the laws of this state, constitution, statute or otherwise. Cf. Warren County Board of Education v. Wilkinson, 500 So.2d 455, 459 (Miss. 1986).

The School Board points to Section 37-7-311 which has been on our statute books for years.[3]

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