Miss. Op. Att'y Gen., Hopson (July 11, 2025)
W. Hopson - July 11, 2025 - Part-Time School Superintendent
550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680
July 11, 2025
The Honorable W. Briggs Hopson III
Attorney, South Delta School District
1201 Cherry Street
Vicksburg, Mississippi 39183-2919
Re:
Part-Time School Superintendent
Dear Senator Hopson:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented
1. May a school district superintendent be employed on a part-time basis?
2. If the answer to number one is “yes,” is there any prohibition against a superintendent, who
previously retired from the state retirement system and is collecting Public Employees’ Retirement
of Mississippi (“PERS”) benefits, receiving half of full pay without affecting his retirement
benefits?
Brief Response
1. There is no statutory requirement that a school district superintendent work full time.
2. A school district superintendent may collect PERS benefits and be employed by a school district
on a part-time basis as long as he or she complies with the requirements of Mississippi Code
Annotated Section 25-11-127.
Applicable Law and Discussion
All public school districts are required to have a superintendent of schools. Miss. Code Ann. § 37-
9-13. The superintendent is appointed by the school board and must meet certain licensing and
experience requirements. Id. The responsibilities and powers of a superintendent include the
requirement “[t]o keep his office open for the transaction of business upon the days and during the
hours to be designated by the school board.” Miss. Code Ann. § 37-9-14(2)(n). However, there is
no statutory requirement that a superintendent work full time. Superintendents are not employed
The Honorable W. Briggs Hopson III
July 11, 2025
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550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680
using the standard contract form prescribed by the Mississippi Board of Education for assistant
superintendents, principals, and other licensed employees. See Miss. Code Ann. § 37-9-23.
Additionally, while school districts must contract with licensed personnel for a minimum of 187
days, there is a general exception to that requirement that states “[l]icensed personnel may be
employed for less than a full school year if the contract states the exact period of time for which
the licensed person is to be employed.” Miss. Code Ann. § 37-9-24(2); see MS AG Op. Griffin at
*1 (Feb. 6, 2015) (explaining that 187 days equates to a full school year). Accordingly, it is the
opinion of this office that there is no statutory prohibition against a school district employing a
superintendent on a part-time basis. Notably, opinions of this office are limited to prospective
questions of state law. Miss. Code Ann. § 7-5-25. We do not opine on or interpret agency
regulations. To the extent that any regulations of the Mississippi Board of Education may apply to
your situation, we refer you to the Mississippi Board of Education for further guidance.
With respect to your second question, Section 25-11-127(4) allows someone in the state retirement
system to be employed and draw retirement either:
(a) For a period of time not to exceed one-half ( ½ ) of the normal working days for
the position in any fiscal year during which the retiree will receive no more than
one-half ( ½ ) of the salary in effect for the position at the time of employment, or
(b) For a period of time in any fiscal year sufficient in length to permit a retiree to
earn not in excess of twenty-five percent (25%) of retiree's average compensation.
Section 25-11-127(4) further provides:
To determine the normal working days for a position under paragraph (a) of this
subsection, the employer shall determine the required number of working days for
the position on a full-time basis and the equivalent number of hours representing
the full-time position. The retiree then may work up to one-half (½) of the required
number of working days or up to one-half (½) of the equivalent number of hours
and receive up to one-half (½) of the salary for the position. In the case of
employment with multiple employers, the limitation shall equal one-half (½) of the
number of days or hours for a single full-time position.
Thus, a superintendent may collect PERS benefits and be employed by a school district on a part-
time basis as long as he or she complies with the requirements of Section 25-11-127. For specific
questions regarding how to calculate a superintendent’s work hours or salary in accordance with
this statute or any applicable regulations, we refer you to PERS.
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
The Honorable W. Briggs Hopson III
July 11, 2025
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550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680
Beebe Garrard
Special Assistant Attorney General