Mississippi Code
Miss. Code Ann. § 37-9-103 (2026)
Definitions; applicability of Education Employment Procedures Law
✓ current as of July 2026
- (1) As used in Sections 37-9-101 through 37-9-113, the word "employee" shall include:
- (a) Any teacher, principal, superintendent or other professional personnel employed by the local school district or the Mississippi School of the Arts (MSA) for a continuous period of two (2) years with that district and required to have a valid license issued by the State Department of Education as a prerequisite of employment; or
- (b) Any teacher, principal, superintendent or other professional personnel who has completed a continuous period of two (2) years of employment in a Mississippi public school district and one (1) full year of employment with the school district of current employment or the MSA, and who is required to have a valid license issued by the State Department of Education as a prerequisite of employment.
- (2)
- (a) The Education Employment Procedures Law shall not apply to any category of employee as defined in this section employed in any school district after the Governor declares a state of emergency under the provisions of Section 37-17-6(12). The Education Employment Procedures Law shall not be applicable in any school district for the full period of time that those conditions, as defined in Section 37-17-6(12), exist.
- (b) The Education Employment Procedures Law shall not apply to any category of teacher, administrator or other employee employed to work in any charter school.
- (3) For purposes of Sections 37-9-101 through 37-9-113, the term "days" means calendar days.
Laws, 1974, ch. 577, § 2; Laws, 2001, ch. 459, § 2; Laws, 2009, ch. 516, § 8; Laws, 2010, ch. 540, § 2; Laws, 2013, ch. 497, § 53, eff 7/1/2013; Laws, 2019, ch. 432, § 8, eff 7/1/2019.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1989–2021 · leading case: Burks v. Amite Cnty. Sch. Dist., 708 So. 2d 1366 (Miss. 1998).
Burks v. Amite Cnty. Sch. Dist., 708 So. 2d 1366 (Miss. 1998). “" Miss. Code Ann. § 37-9-103 (1977). In Jackson , this Court interpreted the definition of "employee" to include a drug education specialist who held a valid teaching certificate and taught drug education classes throughout the school district.”
Harrison Cnty. Sch. Bd. v. Morreale, 538 So. 2d 1196 (Miss. 1989). “Miss. Code Ann. § 37-9-103 (Supp. 1985 and 1988).”
Hodgins v. Philadelphia Pub. Sch. Dist., 966 So. 2d 1279 (Miss. Ct. App. 2007). “Miss.Code Ann. § 37-9-103 (Rev.2001) (emphasis added).”
Davis v. Biloxi Pub. Sch. Dist., 937 So. 2d 459 (Miss. Ct. App. 2005). “" Miss.Code Ann. § 37-9-103 (Rev.2001). As a teacher's aide, Davis is a non-certified employee and not required to have a license issued by the State Department of Education as a prerequisite of employment.”
Ford v. Holly Springs Sch. Dist., 665 So. 2d 840 (Miss. 1995). “(g) The term "school district" shall, for the purposes of this chapter, be construed to include any type of school district in the State of Mississippi; Miss. Code Ann. § 37-9-103 (1972), provides as follows: As used in sections 37-9-101 through 37-9-113 the word "employee"…”
Chester A. Leigh v. Aberdeen Sch. Dist., 207 So. 3d 1276 (Miss. Ct. App. 2016). “Miss.Code Ann. § 37-9-103(2) (Rev.2013). When the Governor declared a state of emergency in the District and appointed Strebeck as its conservator, the thirty-day-notice provision was no longer applicable.”
McDaniel v. Hazlehurst City Sch. Dist. (S.D. Miss. 2021). “Miss. Code Ann. § 37-9-103 (1). An employee, as defined in Miss.”
Malcolm v. Vicksburg Warren Sch. Dist. Bd. of Trs., 709 F. App'x 243 (2017). “See Miss. Code Ann. § 37-9-105 . 30 . Miss. Code Ann.”
Linda Cubley v. The Univ. of S. Mississippi (Miss. 1997). “Miss. Code Ann. § 37-9-103 (1996). Cubley apparently is arguing that she was a teacher "employed by any public school district of this state" and that the University of Southern Mississippi (through the SCIH) was that school district.”
Cubley v. Univ. of S. Mississippi, 716 So. 2d 1071 (Miss. 1998). “Miss.Code Ann. § 37-9-103 (1996). Cubley apparently is arguing that she was a teacher “employed by any public school district of *1074 this state” and that the University of Southern Mississippi (through the SCIH) was that school district.”
Vance v. North Panola Sch. (5th Cir. 1999). “Grenada that the plaintiff, a food service employee for the Grenada County School District, was part of the support staff of the district and not part of the instructional personnel referred to in [ Miss. Code Ann. §37-9-103 ]. Civil Action No.”
Alvin Burks v. Amite Cnty. Sch. Dist. (Miss. 1994). “" Miss. Code Ann. § 37-9-103 (1977). In Jackson, this Court interpreted the definition of "employee" to include a drug education specialist who held a valid teaching certificate and taught drug education classes throughout the school district.”
— Miss. Code Ann. § 37-9-103(1) — 1 case
McDaniel v. Hazlehurst City Sch. Dist. (S.D. Miss. 2021). “Miss. Code Ann. § 37-9-103 (1). An employee, as defined in Miss.”
— Miss. Code Ann. § 37-9-103(2) — 1 case
Chester A. Leigh v. Aberdeen Sch. Dist., 207 So. 3d 1276 (Miss. Ct. App. 2016). “Miss.Code Ann. § 37-9-103(2) (Rev.2013). When the Governor declared a state of emergency in the District and appointed Strebeck as its conservator, the thirty-day-notice provision was no longer applicable.”
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