Q The district has “added territory” as defined in the Mississippi Code. The number of students in the “added territory” varies depending on when the census is taken, but we are very nearly at the 15% threshold that requires the election of a school board trustee from the “added territory,” pursuant to Section 37-7-203(1). What date should be used for the student census to determine whether the 15% has been reached, and how often should the census be taken? How do we determine which trustee is to be replaced by the one newly elected from the “added territory, and when does the term change?

A A determination of the percentage of students residing in the added territory should be made annually. The number to use is the most recent census. When transitioning from five trustees appointed by the municipality to four appointed trustees and one elected from the added territory, it is the opinion of this office that the trustee whose term is next expiring subsequent to a November election would be replaced by the appointed trustee. The transition would occur in January after the election, even though the outgoing trustee’s term would have originally expired in March. (Attorney General’s Opinion to Hemphill, March 1, 2019)