Mississippi Code

Miss. Code Ann. § 37-9-113 (2026)

Judicial review

✓ current as of July 2026

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(1) Any employee aggrieved by a final decision of the school board is entitled to judicial review thereof, as hereinafter provided.

(2) An appeal may be taken by such employee to the chancery court of the judicial district in which the school district is located, by filing a petition with the clerk of that court and executing and filing bond payable to the school board with sufficient sureties, in the penalty of not less than Two Hundred Dollars ($200.00), conditioned upon the payment of all of the costs of appeal, within twenty (20) days of the receipt of the final decision of the board.

(3) The scope of review of the chancery court in such cases shall be limited to a review of the record made before the school board or hearing officer to determine if the action of the school board is unlawful for the reason that it was:
- (a) Not supported by any substantial evidence;
- (b) Arbitrary or capricious; or
- (c) In violation of some statutory or constitutional right of the employee.

(4) No relief shall be granted based upon a court's finding of harmless error by the board in complying with the procedural requirements of Sections 37-9-101 through 37-9-113. However, in the event that there is a finding of prejudicial error in the proceedings, the cause shall be remanded for a rehearing consistent with the findings of the court.

(5) Any party aggrieved by action of the chancery court may appeal to the Supreme Court in the manner provided by law.

Laws, 1974, ch. 577, § 7; Laws, 1977, ch. 489, § 5, eff. 7/1/1977.

Notes of Decisions

Cited in 51 cases (3 in the last 5 years), 1983–2026 · leading case: Wilder v. Hazlehurst City Sch. Dist., 969 So. 2d 83 (Miss. Ct. App. 2007).

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Wilder v. Hazlehurst City Sch. Dist., 969 So. 2d 83 (Miss. Ct. App. 2007). · cites it 3× “Miss. Code Ann. § 37-9-113 (Rev.2001); Crockett, 770 So.”

Noxubee Cnty. Bd. of Educ. v. Givens, 481 So. 2d 816 (Miss. 1985). · cites it 4× “Miss. Code Ann. § 37-9-113 (2) (Supp. 1985).”

Merch. v. Pearl Mun. Sep. Sch. Dist., 492 So. 2d 959 (Miss. 1986). · cites it 3× “Appeals may then be taken in accordance with Miss. Code Ann. § 37-9-113 with respect to which judicial review shall be limited to a review of the record made before the school board or hearing officer to determine if the action of the school board is unlawful for the reason…”

Cowart v. Simpson Cnty. Sch. Bd., 818 So. 2d 1176 (Miss. 2002). · cites it 5× “Cowart appealed to the Simpson County Chancery Court pursuant to Miss. Code Ann. § 37-9-113 (2001). ¶ 2. By order dated August 19, 1998, following a hearing on Cowart's motion for stay pending appeal, the chancellor granted the stay, finding that the hearing before the Board did…”

Claiborne Cnty. Bd. of Educ. v. Martin, 500 So. 2d 981 (Miss. 1986). · cites it 3× “We adhere to the same scope of review when such cases are appealed to this Court pursuant to Miss. Code Ann. § 37-9-113 (5). See Merchant v.”

Harris v. Canton Separate Pub. Sch. Bd. of Educ., 655 So. 2d 898 (Miss. 1995). · cites it 2× “On March 20, 1989, Harris filed an appeal in the Madison County Chancery Court pursuant to Miss. Code Ann. § 37-9-113 . The Chancellor found that the evidence supported Harris' dismissal, and affirmed the Board's termination.”

Noxubee Cnty. Bd. of Educ. v. Overton, 483 So. 2d 301 (Miss. 1985). · cites it 3× “On the authority of Miss. Code Ann. § 37-9-113 (4) (Supp. 1985), we reverse and reinstate the determination of the school board that the teacher not be reemployed.”

Spradlin v. Bd. of Tr. Pascagoula Sch. D., 515 So. 2d 893 (Miss. 1987). · cites it 2× “The scope of review for the chancery court on appeal from a school board decision, set out in Miss. Code Ann. § 37-9-113 (3) (1972 & Cum.”

LaCour v. Claiborne Cnty. Sch. Dist., 119 So. 3d 1128 (Miss. Ct. App. 2013). · cites it 4× “See Miss.Code Ann. § 37-9-113. Section 37-9-113(2) also requires appeals of school-board decision to be per *1134 fected within twenty days of receipt of the final board decision by filing a petition with the clerk of court and posting a bond of not less than $200.”

Byrd v. Greene Cnty. Sch. Dist., 633 So. 2d 1018 (Miss. 1994). · cites it 2× “Pursuant to Miss. Code Ann. § 37-9-113 (3) (1990), the chancery court is directed to review the entire record to determine whether a school board's decision "is unlawful because it is not supported by any substantial evidence and/or is arbitrary or capricious.”

Mississippi Emp. Sec. Comm'n v. Philadelphia Mun. Separate Sch. Dist. of Neshoba Cnty., 437 So. 2d 388 (Miss. 1983). · cites it 2× “Parties aggrieved by the school board’s decision, in either case, may appeal to the Chancery Court, but its powers of review are limited to a review of the record made before the school board to determine if the decision is unlawful because it was “(a) not supported by any…”

Harrison Cnty. Sch. Bd. v. Morreale, 538 So. 2d 1196 (Miss. 1989). “Miss. Code Ann. § 37-9-113 (Supp. 1985 and 1988), which provides for appeals to chancery court from a school board's final decision, applies *1203 only to an "employee.”

Show all 51 citing cases →

— Miss. Code Ann. § 37-9-113(1) — 2 cases

Gelenter v. Greenville Mun. Separate Sch. Dist., 644 So. 2d 263 (Miss. 1994).

Joseph Eugene Lamberth v. South Panola Sch. Dist., 186 So. 3d 407 (Miss. Ct. App. 2016).

— Miss. Code Ann. § 37-9-113(2) — 2 cases

LaCour v. Claiborne Cnty. Sch. Dist., 119 So. 3d 1128 (Miss. Ct. App. 2013). “See Miss.Code Ann. § 37-9-113. Section 37-9-113(2) also requires appeals of school-board decision to be per *1134 fected within twenty days of receipt of the final board decision by filing a petition with the clerk of court and posting a bond of not less than $200.”

Breland v. Harrison Cnty. Sch. Bd., 96 So. 3d 61 (Miss. Ct. App. 2012).

— Miss. Code Ann. § 37-9-113(3) — 8 cases

Chester A. Leigh v. Aberdeen Sch. Dist., 207 So. 3d 1276 (Miss. Ct. App. 2016).

Amite Cnty. Sch. Dist. v. Floyd, 935 So. 2d 1034 (Miss. Ct. App. 2005).

Mississippi Emp. Sec. Comm'n v. Philadelphia Mun. Separate Sch. Dist. of Neshoba Cnty., 437 So. 2d 388 (Miss. 1983). “Parties aggrieved by the school board’s decision, in either case, may appeal to the Chancery Court, but its powers of review are limited to a review of the record made before the school board to determine if the decision is unlawful because it was “(a) not supported by any…”

Smith Cnty. Sch. Dist. v. Campbell, 18 So. 3d 335 (Miss. Ct. App. 2009).

Robey v. Cleveland Sch. Dist., 138 So. 3d 230 (Miss. Ct. App. 2014).

— Miss. Code Ann. § 37-9-113(3)(a) — 1 case

Cleveland Sch. Dist. v. Lester Fisher, 182 So. 3d 459 (Miss. Ct. App. 2015).

— Miss. Code Ann. § 37-9-113(4) — 1 case

Wilder v. Hazlehurst City Sch. Dist., 969 So. 2d 83 (Miss. Ct. App. 2007). “Miss. Code Ann. § 37-9-113 (Rev.2001); Crockett, 770 So.”

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