Abolishing School District in State of Emergency
Must the Mississippi Board of Education, having followed the requirements of Section 37-17-6 in establishing a state of emergency in a local school district, abolish that district, including the local board of education and the superintendent pursuant to Section 37-17-13?
Abolishment of a School district
When the Governor acts on a request from the State Board of Education and declares that there exists an emergency in a particular local school district and there is a conflict in the statutes as to whether the abolishment of said district by the State Board of Education is discretionary or mandatory, the conflict must be resolved in favor of the latest expression of legislative intent. Therefore, such abolishment is discretionary, not mandatory. (Attorney General´s Opinion to Bounds dated November 7, 2008)