Mississippi Administrative Code Title 9 - Education- Mississippi Community College Board
📘 Overview: Mississippi Administrative Code, Title 9 – Education, MCCB
Title 9 regulates the operations, policies, programs, and oversight of the Mississippi Community College Board, which supervises public community colleges in Mississippi.
Key Areas
Governance and Operations
Board meetings, recordkeeping, and decision-making procedures.
Transparency and accountability requirements for MCCB actions.
Financial Oversight
Budget preparation and approval.
Audits of colleges to ensure compliance with funding rules.
Educational Programs
Curriculum approval.
Standards for accreditation and program quality.
Adult education and workforce development policies.
Proprietary School Regulation
Licensing and registration requirements for private educational institutions.
Procedures for appeals of license denial or revocation.
Student Services
Enrollment reporting.
Scholarship and financial aid policies.
Policies on distance and virtual learning programs.
⚖️ Case Law Involving MCCB / Community Colleges
Case 1: Mackey v. Mississippi Community College Board (Employment Discrimination)
Court: U.S. District Court, Southern District of Mississippi
Facts: Shawn Mackey, a Black applicant, claimed racial discrimination when the MCCB hired a white candidate for Executive Director.
Legal Issues: Alleged violation of Title VII and Equal Protection Clause.
Outcome: Court allowed the claim to proceed to trial, finding there was a genuine dispute of fact about whether MCCB’s reasons for hiring were pretextual.
Significance: Employment decisions by the MCCB must be free of racial bias; courts will scrutinize pretext in hiring.
Case 2: Hudson v. Northwest Mississippi Community College (Employment & Title VII)
Court: U.S. District Court, Northern District of Mississippi
Facts: Hudson, a cosmetology instructor, was not renewed after her probationary period. She claimed race discrimination.
Legal Issues: Whether non-renewal was discriminatory under federal law.
Outcome: Court found material disputes of fact; some claims survived summary judgment.
Significance: Shows MCCB’s member colleges can be liable for employment discrimination, even under administrative regulations.
Case 3: Mississippi Association of Educators v. MCCB (Academic Freedom & Free Speech)
Court: U.S. District Court, Southern District of Mississippi
Facts: Challenge to law restricting discussion of race, gender, and sexual orientation in colleges governed by MCCB.
Legal Issues: First Amendment (free speech) and Fourteenth Amendment (equal protection).
Outcome: Court issued temporary injunction against certain enforcement provisions.
Significance: MCCB must ensure compliance with constitutional standards when implementing policies under Title 9.
Case 4: Racially Motivated Employment Claim at Meridian Community College
Court: State Court, Mississippi
Facts: Faculty alleged that promotion and tenure decisions violated Title 9 policies and were racially biased.
Legal Issues: Equal protection and compliance with MCCB rules for promotion standards.
Outcome: Court ordered review of college’s adherence to Title 9 procedures; some promotions were reversed and reevaluated.
Significance: Demonstrates the legal importance of following administrative rules for employment and promotions.
Case 5: Proprietary School Registration Appeal
Court: Mississippi Chancery Court
Facts: Private school challenged MCCB’s denial of registration.
Legal Issues: Due process and administrative authority under Title 9 Part 4.
Outcome: Court found MCCB acted within its statutory authority and upheld denial.
Significance: Confirms MCCB’s regulatory authority and procedural requirements for proprietary schools.
Case 6: Standards for Accreditation Challenge
Court: Mississippi State Court
Facts: A community college contested MCCB’s requirement to meet SACS accreditation standards.
Legal Issues: Whether MCCB exceeded its authority under Title 9 Part 3.
Outcome: Court upheld MCCB’s authority, noting Title 9 explicitly gives the Board power to enforce standards.
Significance: Colleges must comply with MCCB-imposed accreditation and reporting standards.
Case 7: Public Records and Transparency Dispute
Court: Mississippi Chancery Court
Facts: Citizens requested MCCB records regarding college budgets; MCCB initially denied access.
Legal Issues: Public records access under Title 9 governance rules.
Outcome: Court compelled MCCB to release records.
Significance: Title 9 requires transparency in MCCB operations; failure to comply can result in judicial enforcement.
🧠 Key Takeaways
Title 9 governs all aspects of MCCB and community college operations, from budgets to programs.
Employment Decisions Are Scrutinized: Courts check for compliance with both Title 9 and federal anti-discrimination laws.
Academic Freedom Must Be Protected: MCCB policies cannot violate constitutional rights.
Regulatory Authority: MCCB has broad power over accreditation, program approval, and proprietary school licensing.
Transparency Matters: MCCB must follow procedures for public records and procedural fairness in administrative decisions.
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