Can a Mississippi school superintendent close schools without first getting approval from the school board, even in an emergency?

Plain-English summary

Greenwood Leflore Consolidated School District's attorney asked whether the district's superintendent had authority to close schools without school board approval. Specifically, the request implied a past closure may have happened that way and asked about emergency situations.

The AG answered no on both fronts. The superintendent does not have independent authority to close schools, even for emergencies.

The framework: Section 37-13-65 lets a superintendent close schools because of an epidemic, the death/resignation/sickness/dismissal of teachers, or "any other emergency necessitating the closing of the school." But the statute begins with the phrase "Upon application from the school board." The plain reading is that the school board must apply (i.e., authorize the superintendent to close) before the superintendent can act.

Section 37-13-64 covers extreme weather closures. The same prior-authorization requirement applies. The 2015 Wright opinion settled this: "the school board must pre-authorize the superintendent to close schools due to extreme weather conditions and the school board may not retroactively grant such authority."

The local school board is the governing authority of the school district under Section 37-6-7. Section 37-9-14 lists superintendent powers and does not include authority to close schools. Both the Governor (in extreme statewide situations) and local school boards have closure authority; superintendents do not have it independently.

The opinion is for prospective guidance only. The AG cannot validate or invalidate any past closure under Section 7-5-25.

What this means for you

For Mississippi school superintendents

Do not unilaterally close schools, even in an emergency. The statute requires school board authorization first. If the board has not yet authorized closures, you have to convene the board (or the board's designated emergency committee, if one exists) before closing.

Practical steps to handle emergencies properly:

1. Have the board pre-authorize closures for foreseeable emergency categories. The board can adopt a policy at a regular meeting authorizing the superintendent to close schools under specified conditions (e.g., severe weather warnings, county-wide emergency declarations, infectious-disease outbreaks).

2. If an emergency arises that the policy does not cover, call an emergency board meeting. Even a same-day meeting can be authorized if Open Meetings Act requirements (such as one-hour notice posting) are met.

3. Document each closure on the board's minutes after authorization. If the closure was under a pre-authorization, reference the policy.

4. Do not attempt to ratify a unilateral closure with after-the-fact board action. The Wright opinion forecloses retroactive authorization.

For school board members

Adopt a closure-authorization policy at a regular meeting. Sample provisions:

• Superintendent may close all or part of the district when the National Weather Service issues a severe weather warning affecting the district
• Superintendent may close when a county-level state of emergency is declared
• Superintendent may close when a public-health authority directs school closure for infectious disease control
• Superintendent must report any closure to the board at the next meeting

Without such a policy, the superintendent cannot act in real-time emergencies without convening the board. With a clear policy, the board has delegated within the legal framework.

For school district attorneys

Review your district's closure policy and update it if needed. The AG opinion is a useful cross-check: the policy must "pre-authorize" closures, not "ratify" or "approve" them after the fact. The pre-authorization can be by category or by specific event, but it has to be in place before the superintendent closes.

If your district has had unauthorized closures in the past, advise the board on the procedural problem. The AG cannot validate past actions, but the board can adopt a forward-looking policy to prevent recurrence.

For parents concerned about school operations

If your school district closes for a snow day and you are wondering who decides, the answer is the school board (with possible delegation to the superintendent). The superintendent is implementing the board's authorization, not making the decision unilaterally.

If you have concerns about specific closure decisions, the appropriate forum is the school board. Comments at board meetings, communications with board members, and election of new board members are the channels.

For state education administrators

The opinion's framework applies to all Mississippi school districts. State guidance and templates can support districts in crafting compliant closure-authorization policies.

Common questions

Q: What does "upon application from the school board" mean exactly?
A: It means the school board has to authorize the closure before the superintendent acts. The "application" can be a board policy, a board resolution at a meeting, or a board action through other authorized means. It cannot be the superintendent self-authorizing or the board ratifying after the fact.

Q: Can the school board delegate closure authority generally to the superintendent?
A: Yes, through a written policy adopted at a board meeting. The policy must articulate the conditions under which the superintendent can close. This is standard practice and the legal mechanism for the superintendent to act in real time.

Q: What if a true emergency happens at 3:00 AM and the board cannot meet?
A: A pre-existing closure-authorization policy is the answer. If no policy exists, the superintendent does not have authority to close. Districts should adopt policies in advance of foreseeable emergencies.

Q: Does the Governor's emergency declaration override this?
A: The Governor has independent statutory authority to close schools in certain emergencies. That is separate from the school board / superintendent dynamic. If the Governor closes schools, the closure happens regardless of the local board.

Q: What about COVID-19 closures during the pandemic?
A: Many COVID-19-era closures involved pre-authorized policies, Governor's executive orders, or quickly convened board meetings. The 2021 opinion does not change the rules; it confirms that local-level closures need school-board authorization.

Q: Can the board ratify a superintendent's unauthorized closure after the fact?
A: No, per the 2015 Wright opinion. Retroactive authorization is not permitted. The board can adopt a forward-looking policy and minute the action that "the board acknowledges that closures should be pre-authorized going forward," but it cannot retroactively approve the unauthorized closure.

Q: What is the consequence of a superintendent closing schools without authorization?
A: The closure is procedurally improper. Whether anyone has standing to challenge depends on the facts. Practical consequences could include disputes over teacher pay (snow days vs. work days), student attendance counts, and state funding.

Q: Does this rule apply to private schools?
A: No. This is a public school statute. Private schools have their own governance.

Q: What if part of the district needs to close (e.g., a single school for plumbing failure) but not the whole district?
A: The same rule applies. The closure of any school requires board authorization. A pre-authorization policy can cover school-specific facility issues.

Q: How quickly can the board meet in a true emergency?
A: Mississippi's Open Meetings Act allows special meetings with one-hour notice posting. The board can move quickly if its members are reachable. A robust pre-authorization policy is more reliable than relying on emergency meetings.

Background and statutory framework

Mississippi public schools are governed by local school boards under Section 37-6-7. The board sets policy; the superintendent administers. Closure authority is one of the policy decisions reserved to the board.

Section 37-13-64 (extreme weather) and 37-13-65 (epidemic, teacher absence, other emergencies) both speak in terms of the school board acting and the superintendent executing. The "upon application from the school board" language in 37-13-65 is the textual basis for requiring prior board action.

Section 37-9-14 lists the superintendent's powers and duties. Closure authority is not on the list. The superintendent has many operational powers but not the school-closure power.

The 2015 Wright opinion, cited by the AG, is the foundational pre-authorization rule. Wright addressed extreme-weather closures and held that pre-authorization is required and retroactive approval is not. The 2021 Pulley opinion confirms the same rule for other emergencies.

The practical work-around is the standing closure-authorization policy. Most Mississippi school districts have such policies, formally adopted by the board. The policy delegates authority to the superintendent under specified conditions, with reporting back to the board. This is consistent with the statutory framework and gives the superintendent operational flexibility.

The Pulley request implied a past unauthorized closure may have occurred. The AG's response was prospective only: the rule going forward is pre-authorization. The district had to look elsewhere for advice on the past closure (and potentially audit, board, or legal consequences).

Citations and references

Statutes:
- Miss. Code Ann. § 7-5-25, AG opinions limited to prospective state law
- Miss. Code Ann. § 37-6-7, local school board as governing authority of district
- Miss. Code Ann. § 37-9-14, superintendent powers and duties (no closure authority)
- Miss. Code Ann. § 37-13-64, school closure for extreme weather
- Miss. Code Ann. § 37-13-65, school closure for epidemic, teacher absence, other emergencies

Prior AG opinions cited:
- MS AG Op., Magee (Aug. 29, 2008), AG opinions cannot validate or invalidate past actions
- MS AG Op., Wright (Mar. 18, 2015), school board must pre-authorize superintendent to close for extreme weather; no retroactive authority

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2021/12/K.Pulley-November-17-2021-School-Closures-Pursuant-to-Mississippi-Code-Annotated-Section-37-13-65.pdf

Original opinion text

November 17, 2021

Kelvin Pulley, Esq.
Attorney, Greenwood Leflore Consolidated School District
522 West Park Avenue
West Park Village, Suite L
Greenwood, Mississippi 38930

Re: School Closures Pursuant to Mississippi Code Annotated Section 37-13-65

Dear Mr. Pulley:

The Office of the Attorney General has received your request for an official opinion.

Issues Presented

1. Does the phrase "upon application from the school board," within Mississippi Code Annotated Section 37-13-65, forbid school superintendents from closing schools prior to the board's approval?

2. Is there any emergency situation that would allow a school superintendent to close school prior to the school board's approval?

Brief Response

1. Yes. A superintendent may only close schools pursuant to Section 37-13-65 based upon an application from the school board.

2. No. A superintendent is only granted authority to close schools in emergency situations in accordance with Sections 37-13-64 and 37-13-65, both of which require prior school board action.

Applicable Law and Discussion

As an initial matter, we note that opinions of this office are issued on prospective questions of state law pursuant to Section 7-5-25. Your request indicates that the superintendent may have closed a school in the past. Official opinions do not validate or invalidate past actions. MS AG Op., Magee at *1 (Aug. 29, 2008). This opinion is intended for future guidance only.

The local school board is the governing authority of a school district. Miss. Code Ann. § 37-6-7. Both the Governor and the local school boards have statutory authority to close schools pursuant to Title 37, Chapter 65. The general responsibilities and powers of superintendents, which are listed in Section 37-9-14, do not include authority to close schools.

In response to your first question, with respect to emergency closures, Section 37-13-65 provides, in relevant part: "Upon application from the school board, the superintendent of schools may close any school because of an epidemic prevailing in the school district or because of the death, resignation, sickness or dismissal of a teacher or teachers or because of any other emergency necessitating the closing of the school." Based on a plain reading of the statute, the superintendent does not have authority under Section 37-13-65 to close schools prior to official action being taken by the school board.

In addition to the authority to close schools under Section 37-13-65, superintendents also have authority to close schools due to extreme weather conditions, pursuant to Section 37-13-64. However, as with emergency closures under Section 37-13-65, the superintendent must first be granted authority by the local school board to close schools for extreme weather. See MS AG Op., Wright at *3 (Mar. 18, 2015) (opining that the school board must pre-authorize the superintendent to close schools due to extreme weather conditions and that the school board may not retroactively grant such authority.) Accordingly, in response to your second question, it is the opinion of this office that a superintendent does not have independent authority under Sections 37-13-64 or 37-13-65 to close schools in an emergency situation.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General