Q May the district enter into an agreement with a temporary staffing company to provide certain employees when needed, such as substitute teachers, clerical workers and janitorial workers? If so, may the district agree to contract terms that the school district will assume responsibility for the actions of and any bodily injury claims against the temp employees or temp service?

A Under Section 37-7-301.1, the “home rule” statute, contracting with an employment or temporary service is within the local school board’s authority. As for the school district assuming responsibility for the conduct of the employees of the temporary service, or for claims against the temporary service, these would be essentially indemnification agreements, which are clearly prohibited by Section 100 of the Mississippi Constitution. (Attorney General’s Opinion to Hemphill, September 26, 2014)